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GrahamO (Ontario)
Posts: 55
Posted:
My agenda includes posting a “tip” every couple of weeks that’s intended to be helpful to forum members. Today’s item relates to expenditures from your reserve fund. Let’s say you have an item in the reserve fund plan for balcony repairs. The repairs are scheduled for 2009 and the estimated cost is $20,000. This job is also scheduled for future years, at intervals of 6 years.

So far so good, but now, in 2008 the balconies have already fallen into serious disrepair and require immediate action. The Board decides to proceed with the job, but finds that the job will actually cost $25,000. The Board also notes that the repair in 2008 was only five years after the previous job.

My observations are that this kind of thing happens all the time. But when it happens, the Board almost never uses that information to change the reserve plan in respect to the future jobs. They’re in there, still, at $20,000 every six years.

My point? When a reserve expenditure is made, Boards should be sure to check their future years’ predictions fro the same repair. If they don’t reflect the latest ACTUAL cost-level, or the latest ACTUAL repair interval, the plan should be changed, and the predicted balances should be re-calculated. In other words … use your new information to bring your estimates into line with reality.

We feel it’s a sensible idea. How do you feel?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Graham,

Great tip! This leads me to believe the reserve study should be updated periodically so that price increases will be more adequately reflected for ALL the components listed in the study. How often do you recommend an update?
GrahamO (Ontario)
Posts: 55
Posted:
Mary--
I'm pleased you like the idea. I hope you're sitting down, but we recommend doing it quarterly! Most properties do an average of about 10 reserve projects a year, so updating this information quarterly means only doing 2 or 3 every 3 months. Not a huge task and you're "on top" of the picture all the time. If you'd like a copy of my chapter on this please send an e-mail. It's no-charge, of course.
DeeB (Arizona)
Posts: 18
Posted:
Grahm,

I agree with your tip to a point. My reservations are, if the reserve study is prepared with inflation in mind and is part of the valuations, does the study really need to be updated as often as quarterly? I can see that you would want to if a major repair that was allocated for in the future and then was needed earlier, but if the reserve study really needs to be evaluated and updated that often, is it really then that reliable? Reserve study's can be expensive for the association, including any updates to it. I am not saying that the BOD shouldn't look at, they should and if that's what you mean then I agree.

Another thing to keep in mind is where are they pulling the funds to make that early repair? If the budget changes to accomodate this cost, the CC&Rs and/or operating agreement may specify that a change in budget needs to be publicized to the members. If the funds are pulled from operating assessments the financial statements need to show this transfer for tax purposes.
GrahamO (Ontario)
Posts: 55
Posted:
DeeB
Your concerns are well-stated, but I believe they can be put to rest. (Good news). There are two basic issues that you raise. (1) The frequency of updates and … (2) not having funds in the reserves when unexpected repairs are required.

Looking at (1), I agree 100% that reserve studies should be carries out infrequently. Our statutes in Ontario mandate that reserve studies with a full inspection should be carried out every 6 years and thorough financial updates carried out at the 3-year mark. I agree with these intervals. The updates I referred to in my “tip” are easily-accomplished, one-at-a-time corrections to the existing plan based upon current repair and replacement experience. The experience is an actual repair cost that differs (as it almost always does) from the planed cost and the planned timing. Doing this, quarterly, ensures that the plan reflects the latest real information. It means that you don’t have balcony repairs in the plan every 6 years that cost $20,000 when experience has just told you that they should be in the plan every 5 years and cost $25,000. A change like that does not “re-do” the entire plan. It just brings this part of it into line with reality.

Turning to (2), a well-prepared fund will have been created with funding that results in healthy balances across the years. These balances will have had a “cushion” built into them for the singular purpose of recognizing that actual experience will differ from the planned expenditures. That, by the way, does NOT mean that the estimates are careless. It means that they’re estimates and ALL estimates are going to be wrong. Most of the time just by little bits but sometimes by a lot. It’s life!

The funds, then, to do repairs that are more costly or earlier then expected, come from the “cushion”. If the balance’s cushion is not thick enough (and that can happen) then the funds to pay for the unexpected repair must come from a special assessment or a loan. But NOT out of the operating budget.

Footnote: I mentioned a “well-prepared” plan, above. If you have a reserves plan with little or no cushion built into it your “driving on fumes”. You have enough gas in the tank to get there if there are no traffic jams, storms, or detours, but if one little thing goes wrong you’re scuppered. Contact me directly, please, if you’d like some additional material on all of this.
KarenS11 (Florida)
Posts: 148
Posted:
We have never had a reserve study and the majority of the board does not want to spend the money to have one made. The only thing that our reserve covers right now is a fence along a major highway. We do not have pools, clubhouses, etc., but have entrance signs, irrigation system and chain link fence for camper & board storage.

I think it is irresponsible to ignore this, as the irrigation system alone will be a major expense to replace and we are now on year 14 of the system.

As we are in Florida, I also wonder if we should have reserves for downed tree removal, should we get hit by a major hurricane. A reserve study would probably answer this question, but without the votes, it isn't going to happen.

I am torn between just getting off the board so that I don't share the responsibility when/if it hits the fan, but then even more of these penny wise and pound foolish decisions will be made.

If I can get the votes, how can the study be paid for? Although the reserves have been informally earmarked for the fence, there hasn't been anything officially documented about it. It's just part of the urban legend of the association. Could we use some of the reserves to have the study conducted? And if so, should we? There is no money in our operating budget for this purpose. Would we be better off just putting it in to next year's budget?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Karen,

Would putting the cost into next year's budget mean a raise in assessments?

You can do what I did when I was treasurer of a 49-member assn. I asked for volunteers to help but got none, so I conducted the reserve study myself. I just went around the neighborhood looking for things that might need major repair or replacement and calculated the cost. I researched installation costs of the playground equip., measured the common areas (grass and gravel)and the perimeter walls, counted all the shrubs and trees, called around to get the costs of various items that would be included, etc. I came up with a rough estimate for every item and submitted a proposal to the board. Of course, I documented everything. It may not have been what a professional reserve co. would have done, but it was sufficient for our small assn.
GrahamO (Ontario)
Posts: 55
Posted:
MaryA1 and Karen S11
First, way to go! It's great to see the get-up-and-go spirit you're both exhibiting. It so happens that I have just finished writing a new chapter for our next edition and it's called "Create a Reserve Plan from Scratch". If you'll contact me I'll send it along. It's "gratis" of course.

Two answers to two of your questions. The falling tree problem. These are in the “specifically unplanned for" class, meaning that you can't predict calamities, but they happen anyway. A good reserve plan will NOT ONLY be funded for the specific repairs that you can anticipate, but will also have a "cushion". The cushion takes care of the calamities plus taking care of repairs that cost more, or occur earlier then expected.

Next ... yes, the reserve fund costs, if you're paying someone to do a study, should come out of the reserve fund.

Hope this helps. And ... hope to hear from you about our write-up.
KarenS11 (Florida)
Posts: 148
Posted:
MaryA-

After feeling as though I was piloting this ship alone, I stepped down as pres. at our annual meeting and am now serving on the board in another capacity. Yes, including a reserve study would mean an increase in assessments, but not doing so will eventually lead to a special assessment. If the vote will be not to obtain a study or conduct our own, then that is the will of the board. It will be memorialized in our minutes and posted on our website. May just get some new blood involved.

Graham-

I did receive your terrific information and will be forwarding it to the president and our PM.

And to those of you who have stepped back rather than get totally burned out- now I, too, know how to spell relief! woo-hoo!

DeeB (Arizona)
Posts: 18
Posted:
Quote:
Posted By KarenS11 on 04/26/2008 1:05 PM
The only thing that our reserve covers right now is a fence along a major highway. We do not have pools, clubhouses, etc., but have entrance signs, irrigation system and chain link fence for camper & board storage.

I think it is irresponsible to ignore this, as the irrigation system alone will be a major expense to replace and we are now on year 14 of the system.

As we are in Florida, I also wonder if we should have reserves for downed tree removal, should we get hit by a major hurricane. A reserve study would probably answer this question, but without the votes, it isn't going to happen.

If I can get the votes, how can the study be paid for? Although the reserves have been informally earmarked for the fence, there hasn't been anything officially documented about it. It's just part of the urban legend of the association. Could we use some of the reserves to have the study conducted? And if so, should we? There is no money in our operating budget for this purpose. Would we be better off just putting it in to next year's budget?

Karen, make sure that you have well documented your efforts as a Board member to get a reserve study done, for your protection should a major expense happen under your reign or even after.

If you have discussed the earmarking of reserves for the fence in Board meetings and it is documented in the minutes, I am not a legal expert, but I am pretty sure that constitutes it as being "formally" earmarked. Once you have have done this and you are receiving reserve assessments from your members, these reserve receipts should be deposited into a separate bank account, (an interest bearing account). Your operating agreement should state whether or not the interest earned stays in the reserve or is transferred out to the operating account. If it isn't stated then it stays with the reserve funds. This is done not only for documentation purposes but for IRS regulations as well. The very nature of reserve receipts are non-taxable according to the IRS; however, you must show that you have separated them and keep them as such from the operating receipts. You can receive the total receipts from your members into one account, but must show good intent and diligence in transferring the reserve funds out of the operating account and into the reserve account within a reasonable time, such as within 30 days, (before you close out the month, it is better to do so as soon as possible to earn the interest). If the reserves are not separated from the operating funds, the HOA could be imposed with a tax on any surplus funds in the case of an IRS audit. An operating surplus is subject to tax and without the separation of the reserve funds in their own account, the IRS will identify the surplus as operating.

You may also be liable as board members if the funds were to have been earmarked for a future major repair or replacment and the assessments received for this from the members were not separated, but were lumped into the operating account and over time were used to pay for operating expenses. When the time comes that the major repair or replacement is needed, that these assessments were received for, and the money is not there to cover the cost of it, there could be some legal liability to the board for this, as then the cost will need to be covered by a special assessment.
DeborahL8 (Virginia)
Posts: 6
Posted:
GrahamO,

I just joined HOA and have been going over the forum. This very issue surfaced in our small community when I became President of our HOA. We have never had a reserve fund and have only used our operating budget for replacement/repairs on capital projects. I'd be very interested in reading your Create a Reserve Plan from Scratch and also any valuable information on making the transfer of funds when available from the operating fund to a "new" reserve fund. We are a small community with water frontage with community docks, pavilion and pool. Knock on wood everything is in working order. Could you tell me how to go about getting this information. Thank you
TimB4 (Tennessee)
Posts: 21,059
Posted:
Deborah,

This thread has good info but since it's 4 years old, it's unclear if Graham is still active in the forum. The following link is a thread in this forum that also discusses Reserve funds and provides links on how to perform one yourself:

Subject: Reserve Studies/Funds 101

We did our first study in 2010. It wasn't perfect but it allowed us to fund a reserve fund and had us comply with VA law.

Hope this helps,

Tim
JonD1
Posts: 2,350
Posted:
Deborah:

The postings you are responding to is about 4 years old. I doubt the OP will respond.

There are many sources for reserve fund information which should be easy to find.

Do your governing documents have anything to say about reserves?

My opinion if would certainly be prudent to have some savings in a reserve account depending on the size of your property, the age of the property and the areas to be maintained by the HOA under the documents.

One source might be the CAI website which might offer you some information as to the purpose, need and procedures to fund such an account.

In my area many if not all banks are requiring reserve accounts be in place in a certain amount and that there be a transfer of 10% of the operating income made to these accounts.

Good luck.

FrankM7 (Pennsylvania)
Posts: 61
Posted:
TimB4, does Virginia require all HOAs to do reserve studies? Being in Pennsylvania, we are not yet required to do it, but I suspect it will happen someday. I am introducing our board and association members in attendance to the concept next month.
DeborahL8 (Virginia)
Posts: 6
Posted:
Thank you Tim and Jon. Guess I need to look a little closer at dates!

I appreciate the link and will check it out.

Our community has 44 lot/homes so we are very small compared to some HOAs. Our Board is currently in the process of amending our By-Laws and we are addressing this concern from some of our homeowners. We have alloted 10% of our assessment fees to be applied. After attending HOA VA State Title 55 conference I felt rather foolish that a neighborhood of our age (24 years) did not have a reserve fund. With structures built from the get-go we have been blessed thus far not to have but one assessment. At this point we are making strides to protect a portion of our funds from "available" spending accounts and addressing the importance of maintaining our future common areas.

I'm so happy to have found this site after random searching for specific By-Law verbiage.

Debbie
TimB4 (Tennessee)
Posts: 21,059
Posted:
I will say that the hardest thing is identifying everything that needs to be addressed by the Reserve fund. For instance, in our last study we forgot to include:

Street Signs/poles
Additional signage/poles (speed limit, stop signs, etc.)
Storm Water Management facilities (thought the county took care of that - we were wrong, they only take care of some of them on the property)

A professional study would have likely caught those, but the board didn't want to spend the money. That's when I discovered the material to do your own study. Even though it wasn't perfect, it was better than no study at all as it showed we needed to increase assessments by 20% (which took a membership vote) to fund the reserves.

Tim

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