šŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚔ Takes 30 seconds

Already a member? Log in

BrianM24 (Maryland)
Posts: 3
Posted:
Hello HOA experts,

I'm trying to sort out whether my HOA is one of the few stereotypically troublesome ones that would require significant effort by our busy neighbors to reform. Let's start with the Reserves. Our state law provides:

MD Code, Real Property, § 11B-112.2
Items included in annual budget

(c) The annual budget shall provide for at least the following items:
(1) Income;
(2) Administration;
(3) Maintenance;
(4) Utilities;
(5) General expenses;
(6) Reserves; and
(7) Capital expenses.

Amount of reserves
(d)(1) Subject to paragraph (2) of this subsection, reserves provided for in the annual budget under subsection (c) of this section shall be the funding amount recommended in the most recent reserve study completed under § 11B-112.3 of this title.

Does that mean that each year the HOA is required to deposit into the Reserves the annual funding recommendation stated in the Reserve study? At a minimum, of course.

Also, should the HOA have a separate bank account designated for Reserves? I would think not having a separate account would cause issues with comingling funds.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Well, one has to look at paragraph 2 of that statute. Paragraph 2 says:

(2) If the most recent reserve study was an initial reserve study, the governing body shall, within 3 fiscal years following the fiscal year in which the initial reserve study was completed, attain the annual reserve funding level recommended in the initial reserve study.

Based on my reading, and I could be wrong, the association has three years to get to the level recommended in the very first reserve study. After that, the amount budgeted for should be the amount of the most recent study completed in accordance to § 11B-112.3

Keep in mind that budgets are guidelines and not absolutes. If an increase in assessments is required and the membership doesn't support the increase, there is little that the Board can do. What typically gets cut, in these cases, is the amount to the reserves because people would scream if the streets weren't plowed in a snow storm.

As an FYI: Here is a link to the 2022 version of Maryland Homeowners Association Act

The latest version is under Lexus Nexis

šŸŽÆ You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • āœ“ Ask follow-up questions
  • āœ“ Share your experience
  • āœ“ Get expert advice
  • āœ“ Access 350,000 discussions
Create Free Account →

⚔ Takes 30 seconds

Already a member? Log in here