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LeoS1 (Florida)
Posts: 17
Posted:
Does a Condo have to use a reserve study to determine it's reserves? We are a 25 story building which is 15+ years and have never funded reserves.

We had a reserve study but the amounts are way higher than we are comfortable. I know we can vote to waive or reduce reserves but can we also just determine the amounts to fund on our own since no reserves are in place?
TracieS (Colorado)
Posts: 460
Posted:
Does your state law require associations to have a certain amount of reserve funds? Do your documents require that a reserve fund be maintained, and if so, does it specify that a reserve study needs to be done?

Our association just contracted for a reserve study, but it's not required by our state or documents. None of us have any idea how to compute useful life left on concrete or shingles or brick facing or anything. A reserve study is what we need because we're clueless. If you have knowledgeable people, and it's not required for you, maybe you don't need a reserve study.
TracieS (Colorado)
Posts: 460
Posted:
Sorry, slightly misunderstood. With all that said, does your state require that if a reserve study is performed that you abide by its findings? I remember a discussion on this board previously, and it seemed to say that if the association contracts for a reserve study then decides to NOT follow the recommendations, there could be legal issues.

Check state law, or maybe even ask the company that did the reserve study. They should know about state law concerning reserves.
GeraldT4
Posts: 1,022
Posted:
LeoS1 - Your association is 15 years into the aging of the common elements. Without monthly reserve allocations that will adequately fund for the replacement of those elements, how in god's name do you expect your investment to be maintained and protected? The amounts necessary to replace aren't supposed to make you feel comfortable, especially if those amounts weren't anticipated years ago. Sounds like your association is behind the eight ball on this one. A reserve study is necessary for cost of replacement of elements in excess of $10,000.00 the purpose is to objectively assess and prepare the association for the inevitable. However, even for costs less equal to or less than $10,000.00 common sense dictates the amount is necessary to be funded from some maintenance account.

http://www.reservestudy.com/q22.html

In Florida every condominium association must present the unit owners with a schedule of “fully funded” reserves for roof replacement, building repainting, pavement resurfacing, and any other component of the condominium property with a replacement cost in excess of $10,000.00 (typical examples would include swimming pools, tennis courts, fencing, common area decorations, and elevators). Unless the members have voted to reduce or waive the funding of reserves, the Board has no discretion and must include fully funded reserves in the adopted annual budget. If reserves are to be waived, a vote of the unit owners must be taken, with majority approval required. The notice for the members’ meeting must include a fully funded reserve schedule, and if a waiver or reduction vote is contemplated, should also include the Board’s recommendation as to what the owners are voting on in terms of reduced reserves. Under a recent change to the law, reserve funds may be presented either on a “straight line” or “cash flow” method of funding reserves, although a unit owner vote is required to convert existing reserve funds from “straight line” to “cash flow.”
MaryA1 (Arizona)
Posts: 7,043
Posted:
Les,

FL 718 laws apply to condos. In section 718.112(2)(f)2 it says: "In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance." So, it appears a reserve account is required by the State. I don't think the St requires a reserve study to be conducted, but you may want to thoroughly read this statute to make certain.

I don't know that the members must vote to reduce the reserve amounts as stipulated in a reserve study; however, once the board determines how much the reserve will be, a member vote may be required to change that amount. Again, you may want to check out the St statutes.

The BOD should know that when they contract to have a reserve study conducted they are not bound to fund the reserves as recommended in the reserve study. But, they really should strive to follow the recommendations. It may be necessary to raise the assessments purposely for funding the reserves. Several years ago my assessments were raised $5/qtr explicitly for the reserves. We have 1,700 lots so this amounted to a $34,000 annual increase to our reserve fund.
LarryK1 (Washington)
Posts: 32
Posted:
In addition to state law requirements or your governing document requirements, you may also want to consider the mortgage underwriting requirements. New Fannie Mae guidelines require at least 10% of your budget to go to replacement reserves. As a result, 10% is the floor regardless of what the reserve study states or what funding formula method is used -- unless of course perspective buyers don't need a mortgage.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Or a HUD or FHA mortgage. I doubt a conventional mortgage would apply.

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