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BarbaraD6 (Florida)
Posts: 347
Posted:
Declaration of covenants "The reserve funds held in each account may be expended only for major maintenance,repair,or replacement of those assets covered by the reserve budget pursuant to which they were collected."
A couple of us have had a discussion about what this means. Some say you can use it only for major maintenance(ex:when its time for Community roof replacement) Others say you can use it to do a repair whenever one is needed(ex:one roof needs repair)
What are your thoughts on this?
Barbara
BrianK1 (Colorado)
Posts: 54
Posted:
I recently asked about that in topic #68346 "Financing of New Roofs".
IrinaL1 (Maryland)
Posts: 1
Posted:
Dear Barbara,

The reserve coverage will be stipulated by the state or county law (usually somehting like condominium or HOA act). The law will stipulate that the association has to accumulate reserve funds and for what purposes.

It may be prudent to have a reserve study done. It will identify what item should be covered by reserve funds and how much reserves you need to have.

In generaly, capital projects like parking lot repair, roof replacements, etc are covered by reserve funds. Repairs and maintanence like painting will be covered from operating account.

You management company should know that.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Irina,
Good post and you are correct. Reserve Accounts in Florida must specify what they are used for and cannot be used for other purposes such as repairs for the item unless the repair is considered as a "Major" repair. A reroof would be considered as a major repair.But if a Reserve Study was done originally, that should spell out what amount needs to be spent before it becomes "major"
BarbaraD6 (Florida)
Posts: 347
Posted:
Donna,
florida statute on reserves "it is to be used only for authorized expenditures unless their use for other purposes is approved in advance by a majority vote at a meeting at which a quorum is present". Management took money for bills,and two board members used this statute to tell him he violated the law. Well we were told he had a responsibility to keep the association going.
Now he is using the reserves to do single roof repairs,and I think its wrong.If he continues to use the reserves like this he will deplete the reserves. Am I correct that you are agreeing,that he can't use it fo for these single repairs?
thanks
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,
Absolutely correct unless the Reserve Statement says that roof repairs can also come out of there but I highly doubt that. A proper Reserve statement will tell you if you can.

Yes, Reserves can be used for other items ONLY if the membership votes the proper count for a change to Reserve use.
BarbaraD6 (Florida)
Posts: 347
Posted:
Donna,
Bear with me,remember this is all new to me. What is the reserve statement? Where do I find it?
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,
When the original study was done, there should have been a percentage of association income, life expectancy of the roofs and other numbers done. It is probably in the year that you started the fund.
BarbaraD6 (Florida)
Posts: 347
Posted:
Donna,
Thank you,as usual you have been a great help.
Barbara

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