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BillG6 (Florida)
Posts: 41
Posted:
Good Day Everyone...Our POA pool is going to be remodeled. The BOD finally came to agreement on the contractor and the cost. This took place in October. My question is; does the BOD need to approve/vote on the funds being moved from the reserve account to the operating account in order to pay the contractor?? Thanks~
RickR7 (California)
Posts: 10
Posted:
Bill,

We did the something similar two years ago. Generally the reserves are for repair and replacement. If by remodel you mean a refinish of the pool then that is a normal repair and should be covered by the reserves.
If you mean by remodel, change the size, shape or other items then that is normally not covered by the reserves.
If the task is a normal repair / replacement then the board can directly use the reserves to fund this item.

Rick
HOA President
BillG6 (Florida)
Posts: 41
Posted:
Thanks for responding RickR7. However, my real question was - does the BOD need to vote to move funds from the reserve account to the operating account in order to pay the contractor??
RickR7 (California)
Posts: 10
Posted:
Not if it is truely a reserve item.
SusannaM (Florida)
Posts: 366
Posted:
BillG, when you say POA does it mean membership is not mandatory??
There are reserves such as surplus from a prior year, and there is a Reserve Fund which follows a formula by FL Statutes. Which one is your case ???
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By BillG6 on 11/20/2008 12:10 PM
Good Day Everyone...Our POA pool is going to be remodeled. The BOD finally came to agreement on the contractor and the cost. This took place in October. My question is; does the BOD need to approve/vote on the funds being moved from the reserve account to the operating account in order to pay the contractor?? Thanks~

No. The Board approves the expense. Transfer of funds this can be done by the Treasurer or another authorized signer on the account.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
It may be that we haven't gotten to the proper question here. Certainly the cost of the project enters into it, or could enter into it, if the coveants address limitations on how much money can be spent by the Board. Some associations have a limit without members voting and some kind of plurality.
SusannaM (Florida)
Posts: 366
Posted:
RobertR, thus my question. If OP is talking about a true Reserve Fund there might be restrictions on the Bylaws or Covenants that we are not aware of.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
SusannaM,
I am a little hesitant about reserve fund anyway. I like the concept and the mechanics but fear the assumption some board make that this money is for fun and games or some kind of button controlled money. Hit the right button and the money rolls out. I like the plan to put the money away by saving each year and finding ways to cut out some fat. CPI raises each year come to mind. Our board can increase fees each year based on CPI for our region. Problem is there are several figures to choose from and the manager makes that recommendation. They are going to use it again this year and our membership is so apathetic, they think the board knows best. Well, Boards don't ALWAYS know best, and to manipulate this figure, to me, is plain wrong. Fair is fair and I have never seen the CPI used to lower any fees. I know the CPI has not dropped for years but it just might next year, then what happens to twenty years of automatic (in reality) increases. I would really like to see some posts of how the associations are belt tightenimg to meet the demands of our economic problems. We each do something in our households to change a little, ot a lot for some sadly. But associations seem to just roll along trying to catch up from poor management in the past, and then next year, this year is the past.
SusannaM (Florida)
Posts: 366
Posted:
Quote:
Posted By BillG6 on 11/20/2008 1:49 PM
Thanks for responding RickR7. However, my real question was - does the BOD need to vote to move funds from the reserve account to the operating account in order to pay the contractor??

Hi Robert,
above is the real OP question not whether you or I are for or against a Reserve Fund. My HOA of single family homes without a master association does not have a Reserve Fund. We are going to have a small surplus this year though. All too often I've heard people call a surplus, "reserves". No harm there. However, according to FL Statutes a Reserve Fund has to follow certain guidelines. And, if the OP lives in a condo, his condo assoc. might have its own rules on how and when Reserve Funds are disbursed. We need to hear back from OP.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
SusannaM,
Well, we can all bear testimony that one size doesn't fit all. I suppose any association may have a set of guideline about spending Reserve Funds. I also suppose a case could be made to spend reserve funds in an emergency situation with no member approval, all is possible....I guess.

I look at a Reserve fund that requires some membership agreement as to how to save the money over time, and as such would require membership approval. However, we don't work that way and yearly demands for upkeep of an aging complex by the ocean, the rising cost of supplies, contractors, the built in (it seems) increased costs of administration, the desire to keep up appearances, and the members that drag the place down by not participating and looking to turn a quick buck, all seem to get head of the line privledges ahead or regular savings. Our Board insists on carrying "Reserve" funds as contingency funds. It is must easier to control and expend contingency money than a Reserve, but this could all be semantics.
Anyway, I say a fund that is accumulated as a Reserve Fund with a members vote should only be expended with a members vote. A contingency fund is nothing but a slush fund with bigger numbers.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bill,

Was this Reserve account designated as "pool reserve"? Unless this reserve account was designated for another type project such as roofs or roads, then No, it can be moved to operating funds. Now if it was a roof or road reserve, it would take an approval vote from the membership to use it for a different project.

The Statute is720:303-6 Budgets (h)

(h) Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts and shall be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a meeting at which a quorum is present. Prior to turnover of control of an association by a developer to parcel owners, the developer-controlled association shall 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.

SusanW1 (Michigan)
Posts: 5,202
Posted:
The OP says he is a POA in Florida.

Does that make any difference in regulations dealing with his question?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Bill,

IAW with the FL statute posted by Donna, the board may make the transfer as long as the funds being used have previously been earmarked for the intended use. If not, they must first obtain a vote of the members. But, if the funds are being used as previously earmarked and as long as the board has voted previously to incur this expense the transfer can be done by the treasurer or the PM w/o a vote of the board.
SidneyP (Florida)
Posts: 302
Posted:
You say the Reserves can only be used for what they were intended...I know that's what the SS says. But tell me what you can do if the Board takes it to pay bills because the President kept firing and hiring more costly vendors....What can the HO's do about it...even if they find out? This is what our Boaed did and the even used the $902. and month Reserve funds that was a line item in our Budget...not one penny was placed in the Reserves...HO's don't even know this because they have never been given any information.

So how do the HO's ever get this money back?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Sidney,
Since I have been blessed with hindsight reading your post, I am smart and on top of this one.

I doubt the HO will get any money back.

I can say with certainty the time to stop this is before it happens. Get a new BOD, change the direction of the current BOD, rat the current BOD out to all the HO. Attend BOD meetings and go prepared to get concessions, which means; know more than they know about how to do it right. Get in the ring. Unless you are thinking about putting the current BOD in jail, start from now and make changes, a little at a time, and forget the past, move on!
SidneyP (Florida)
Posts: 302
Posted:
RobertR1.....I wish I could cause this Board member some trouble, all of this was done knowingly and willingly, because I pointed out the laws to her....I am talking $18,000 +...and we only have $18,000. in Reserves...If you read my other post you will see how disfunctional our Board has been (I was elected only since March but still had no power)...This President and her "yes" Board has destroyed us and then she resigned Aug.29th. MC quit Sept 4th. I did attend all Board meeting, I was the Treasurer (read my other post)until I resigned a couple of days ago (only had a couple).

What is the point of having CC&R's or SS if they don't mean a darn. No way to enforce anything. So it is all a waste of time.

If you do read my other post, you will see how hard it is going to be to start over. We must get rid of an out of town President that won't just step down.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Sidney,
If I accept the fact that this prior board or part prior board or how ever you want to call it, destroyed your asssociation, meaning it is gone, zip, no more, don't exist. I have to say, what now, just as you are asking. So let's start there, and where does that leave us? Same place as now. You can not got back and rebuild in the past, you must go forward.
But, you know that. Not all the crooks are in jail, you also know that. I would strongly suggest you and a couple of friends start to nibble away and pick up the pieces. If this prior action can be the cause for a justifiable law suit, you need to know that. You find that out by getting the train back on the track. You can't start by failing away with your rhetoic or going out and physically "kicking some one's ass." Won't get the job done. Is your place the worst I have seen or heard about? No, my place beat yours by miles, and is still cause for concern. But concern is what is needed to build on the pieces. I would venture to say, the opposite of your present situation is only two years away and one hell of a good time doing something you can truly believe in. You can't see the rewards yet, all you can see is the damage, wait till you get your whistle wet with a small victory and take a step in the right direction.

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