Quote:
Posted By DonnaS on 05/18/2008 6:12 AM
Bernard,
You just happen to be in luck because the State of Virginia does have some HOA laws on the books. Not many but some and they are under
"CODE OF VIRGINIA" The Reserves statements are pasted below, FYI.
ยง 55-514.1. Reserves for capital components.
A. Except to the extent otherwise provided in the declaration and unless the declaration imposes more stringent requirements, the board of directors shall:
1. Conduct at least once every five years a study to determine the necessity and amount of reserves required to repair, replace and restore the capital components;
2. Review the results of that study at least annually to determine if reserves are sufficient; and
3. Make any adjustments the board of directors deems necessary to maintain reserves, as appropriate.
B. To the extent that the reserve study conducted in accordance with this section indicates a need to budget for reserves, the association budget shall include, without limitation:
1. The current estimated replacement cost, estimated remaining life and estimated useful life of the capital components;
2. As of the beginning of the fiscal year for which the budget is prepared, the current amount of accumulated cash reserves set aside, to repair, replace or restore capital components and the amount of the expected contribution to the reserve fund for that year; and
3. A general statement describing the procedures used for the estimation and accumulation of cash reserves pursuant to this section and the extent to which the association is funding its reserve obligations consistent with the study currently in effect
Donna,
Bernard did not say whether his association is an HOA or a condo association. You quoted from the Va. Property Owners Association Act (55-510 thru 55-516). Condos are governed by the Virginia Condominium Act (55-79). The reserve study requirements are similar in both. There is no state agency in Virginia that specifically regulates either type of association.