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DarrenP (Florida)
Posts: 2
Posted:
Under Florida Statute 718, can a Condo association borrow from the reserve fund to cover an early year expenditure and repay it within the same year? If so, what procedural steps would be required. The objective here is to avoid the financing of insurance policies.
TimB4 (Tennessee)
Posts: 21,059
Posted:
With approval from the membership.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Somehow, this didn't post:

From FL-718

3. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a duly called meeting of the association.
MarkM19 (Texas)
Posts: 1,459
Posted:
Darren,
How is the association going to pay the loan back? Have the dues been raised?
SheliaH (Indiana)
Posts: 6,964
Posted:
You're still looking at a large premium - this might get you through the first part of the year, but what do you do when the next premium payment becomes due?

Mark and Tim give good advice - use reserves as they're intended, not as a slush fund for whatever. By the way, if you pay back a reserves losn, that should come with interes. You might not want to increase assessments, but to blunt, part of the reason so many HOAs are in trouble with insurance premiums and reserves is because they didn't fund reserves properly or raise assessments as the price of everything went up (inflation, remember?)

Shopping around for insurance is an option, but nearly all of them have jacked up rates, especially in your state. You'll probably have no choice but to increase assessments, but you might want to talk to the master insurance company about your policy and see if a risk analysis could be done to help identify areas where you can reduce your risk. This could range from increasing the deductible to condidering if certain amenities (e.g. swimming pool) may need to close because the insurance cost is too high.

Whatever you, keep your homeowners informed of what's at stake and encourage questions- someone might hit upon a great idea to cut costs.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By DarrenP on 11/22/2024 1:30 PM
Under Florida Statute 718, can a Condo association borrow from the reserve fund to cover an early year expenditure and repay it within the same year? If so, what procedural steps would be required. The objective here is to avoid the financing of insurance policies.

Borrowing, for reserves or financing, sounds like a fools errand. The issue you have inadequate operating capital. Due to the early date in the calendar the premium is due, you need to raise your assessments to cover both the 2025 increase now and at least the same value in 2026 over about 12 months.

You need an emergency assessment.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Borrowing from reserves can be effective for handling a short-term cash flow problem (with the the money paid back into the reserves once it becomes available during the same budget cycle).

It is not an appropriate solution for a budget shortfall (which unfortunately is how it's used by many boards).

In this case, insurance premiums recur every year, and the timing should be more or less predictable. To use my condo association as an example, our master policy is renewed every year in the fall. Our assessments are paid monthly. If our board claimed that they needed to borrow from the reserves to pay the premium, that's a sign that there are issues beyond just paying the premium. Possible explanations: setting assessments at arbitrary levels that do not reflect true spending needs or an unexpected premium increase that caught everybody by surprise.

In communities where assessments are paid annually, there could possibly be an issue with timing. Example: The annual assessments aren't due until the end of February but the insurance premium must be paid in January. Laws that prevent associations from accumulating any kind of surplus outside of the reserves means this community has a cash flow problem immediately every year, so borrowing from reserves and repaying the money when it's available makes sense. In fact it's the only way to handle this.

We've talked in the past about using the reserves to accumulate the insurance deductible if the association is forced into carrying a high-deductible policy (becoming increasingly common, unfortunately). There are some problems with this. One, the premium must be included in the reserve studies, which probably won't occur frequently enough to keep pace with premium increases. Second, reserves are designed to handle future expenses, and the money is accumulated over many years. It's unlikely the money would be available when needed. Third, a deductible doesn't have a predictable useful life and is not immediately replaceable the way roofs are. Once it's spent, it's gone and you start over from scratch. So I think funding the deductible via the reserves is a creative idea but it won't really work, because deductibles don't behave the way physical assets do.
LoriM15 (Florida)
Posts: 1,009
Posted:
Check your declaration and see what it says about reserves.

You technically could borrow from the reserves for the insurance, but it's not an appropriate use of reserve funds. Reserve funds are for repairs and replacements and capital expenses. Insurance is an operating expense. If you borrow money from the reserves now, aren't you just delaying a repair or replacement and delaying a special assessment?

We are all feeling the pain of higher premiums, but better to do a one-time special assessment or finance the premiums. That's actually pretty common in condo associations. Then you can raise the regular assessment to cover the principal and financing costs and avoid a special assessment.

We all hate special assessments, but in this case it may be necessary. I would not want to be on a board that was responsible for borrowing from reserves for this because there are penalties now for misuse of funds and I wouldn't want to be accused of that.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By LoriM15 on 11/23/2024 1:56 PM
Check your declaration and see what it says about reserves.

You technically could borrow from the reserves for the insurance, but it's not an appropriate use of reserve funds. Reserve funds are for repairs and replacements and capital expenses. Insurance is an operating expense. If you borrow money from the reserves now, aren't you just delaying a repair or replacement and delaying a special assessment?

We are all feeling the pain of higher premiums, but better to do a one-time special assessment or finance the premiums. That's actually pretty common in condo associations. Then you can raise the regular assessment to cover the principal and financing costs and avoid a special assessment.

We all hate special assessments, but in this case it may be necessary. I would not want to be on a board that was responsible for borrowing from reserves for this because there are penalties now for misuse of funds and I wouldn't want to be accused of that.

As an owner, I would find this quite objectionable because the HOA is effectively using my property as collateral, agreeing to an interest rate I would find objectionable and assuming all the owners can pay the increased assessments to make the payments.

If people don’t have the money to pay the special assessment, they can get their own loan.
DarrenP (Florida)
Posts: 2
Posted:
This string went off in different directions it appears. The situation has nothing to do with a budget shortfall, its merely a timing issue where the policy renews in Jan and setting up an installment plan is costing 8% in interest cost, which would need to be budgeted for. If it was borrowed from Reserves and paid back as the monthly dues are collected, it would be paid back over the fiscal year, and paid in full before year end. The situation is probably something most every COA is dealing with when 20% of the total annual budget comes via an annual premium that comes at the beginning of the year. Basically if 20% of the budget comes due in the first month of the year, but you need at least 3 months of collections to fund it, so you have a cash flow problem.
LoriM15 (Florida)
Posts: 1,009
Posted:
Back to your question. From FS 718.112 - it looks like the owners would have to approve the expenditure on the insurance.

Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a duly called meeting of the association. Before turnover of control of an association by a developer to unit owners other than the developer pursuant to s. 718.301, the developer-controlled association may not vote to use reserves for purposes other than those for which they were intended without the approval of a majority of all nondeveloper voting interests, voting in person or by limited proxy at a duly called meeting of the association.
SheliaH (Indiana)
Posts: 6,964
Posted:
Nope. Insurance (just like your car, homeowners and health care) is a ROUTINE expense, not a reserve expense, because you need it year round, unlike reserve expenditures which are (usually) a onetime thing. You say you want to avoid financing of insurance policies – what do you think you’re doing when you talk about borrowing from reserves to pay this? You might not want to admit it, but the fact that you’re talking about borrowing from reserves indicates someone needs to take a hard look at the operating budget because it’s not keeping up with current costs or the assessments haven’t kept up with inflation.

HOAs everywhere are facing increased insurance costs for a variety of reasons, but it seems in Florida, it seems I hear a lot about underfunded reserves, no reserves at all, excessive borrowing without paying it back. Then there’s also the amount of claims your community may have filed and how much the insurance has paid out . Perhaps your deductible is too small? While you’re trying to see how this will be paid, has anyone spoken to the insurance company about what’s happened in your community over the last five years or so?

As Tim noted, you need to check your documents to see what it says because depending on the amount, this may be something that requires homeowner approval, and that may take a minute to organize. In less than a week, we’ll be into December, so if you want to do all this by January 1, you’ll run into people being distracted with holiday preparations. By the way, adjusting next year’s budget will have to factor in this loan and interest (you don’t get away with skipping that part).

You may also find these articles helpful

https://azreserveanalysts.com/should-your-hoa-borrow-from-the-reserve-fund/#:~:text=Florida%20has%20very%20strict%20statutes,a%20supermajority%20vote%20is%20met.

https://www.fcapgroup.com/flcaj/flcaj-articles/where-is-the-money-coming-from-understanding-borrowing-for-condominiums/

If your documents don’t mention anything about borrowing from reserves, talk to your association attorney and accountant about your options.

You should also read your documents to see if they have a maximum amount that assessments may be increased with and without homeowner approval. You may need to go with the maximum for this year and over the next year, do a deep dive into your income and expenses, along with talking to the insurance company to see where you can save some money. Having specific procedures for your community on reserve borrowing if you don’t have any – and you need them, as the policy could dictate what should be attempted before this becomes your only option.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By DarrenP on 11/24/2024 2:40 PM
This string went off in different directions it appears. The situation has nothing to do with a budget shortfall, its merely a timing issue where the policy renews in Jan and setting up an installment plan is costing 8% in interest cost, which would need to be budgeted for. If it was borrowed from Reserves and paid back as the monthly dues are collected, it would be paid back over the fiscal year, and paid in full before year end. The situation is probably something most every COA is dealing with when 20% of the total annual budget comes via an annual premium that comes at the beginning of the year. Basically if 20% of the budget comes due in the first month of the year, but you need at least 3 months of collections to fund it, so you have a cash flow problem.

It appears Florida law does not require a year end surplus be returned to the owners or committed to reserves. So why do you have the money now?

Pass a special assessment now and get ahead of the cash flow.

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