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EllenS1 (Florida)
Posts: 1,148
Posted:
This question is posed to Donna. Can a board decide by themselves to NOT fund reserves for the next year? I just received a copy of our proposed budget and they show nothing to reserves. How can a board of five people decide this for the entire association? It doesn't seem right.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,

It may not seem right and I never advise it as good practice.

This is from 720;303, 6. (f)

f) Once a reserve account or reserve accounts are established, the membership of the association, upon a majority vote at a meeting at which a quorum is present, may provide for no reserves or less reserves than required by this section. If a meeting of the unit owners has been called to determine whether to waive or reduce the funding of reserves and no such result is achieved or a quorum is not present, the reserves as included in the budget shall go into effect. After the turnover, the developer may vote its voting interest to waive or reduce the funding of reserves. Any vote taken pursuant to this subsection to waive or reduce reserves shall be applicable only to one budget year.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Looks like it's a PROPOSED budget, so you will get a chance to vote on it.
But the board may be looking at some other numbers and since the economy is in the pits, they want the chickens now and the eggs later.
In any case, they should be able to show the membership WHY they chose not to fund the reserves this year.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ellen,
Has it been established that a nreserve account has to be established? If you assume the process was done right, and there has been contributions made to the reserve study, as specified and this non contributing year has not been done before thereby setting a standard, the board should explain, and po that explanation should be noted in the proposed budget. Granted, best case is for the members to vote but many times this vote is rubber stamp.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ellen,
Has it been established that a nreserve account has to be established? If you assume the process was done right, and there has been contributions made to the reserve study, as specified and this non contributing year has not been done before thereby setting a standard, the board should explain, and po that explanation should be noted in the proposed budget. Granted, best case is for the members to vote but many times this vote is rubber stamp.
CarolF (Florida)
Posts: 435
Posted:
Donna - perhaps by previous postings you know that Ellen is in a HOA (FL 720) as opposed to a condo (FL 718). I don't, and it may be confusing to people from other states,who might not know that there is a difference in what is required by FL for condos.
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

Thanks for the info. We currently have a reserve fund and as most hoas we are having a problem with some owners not paying their assessments. I am assuming the board can waive it this year but I would want them to know this is for this year only. I doubt we could get a quorum of owners together before this budget is passed.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Carol,
Yes Ellen is in a HOA- S.S.720 to follow. Now to Susan. Most Florida HOA's (I said most, not all), the Board of Directors votes on the budget, not the membership unless otherwise stated in the CC&Rs. Our Statutes require that members are given a copy of the budget 14 days prior to the Boards vote. This is the time prior, that the members can address their concerns about budget items but it is the Boards call in the end.

Ellen, is this how your documents are stated? I had 6 sets of docs and all followed this manner of budgeting.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,

It looks like we were posting at the same time. That part of the Reserve Statute that I posted above does state that any non funding of the Reserves is for 1 year only.

An example of how things are going in this HOA market is from my own unit down in South Florida. They recently did a reserve study on our roof responsibility. Prior to this vote that we just had, the HOA was responsible for maintenance, repair and replacement of the roofs. inside and out.

That meant every 2 years, either power washing or chemically treating the concrete barrel tile shingles. That is a whopping cost biannually.

The Board in it's infinite wisdom wrote an amendment to roof responsibility which now makes the owner responsible for REPLACEMENT of their own roofs. The difficult part will be when these co-owned roofs need to be redone. THE AMENDMENT BARELY SQUEEKED BY and we all must live with this. Maybe 1 half only will need replaceing and the other half will not. The Board says that they have a set policy about where the dividing line on the roof is. I sure hope so because I smell trouble coming.

Anyhow, my point is that we now have an extremely smaller Reserve amount for the roofs but in the long run, we will probably pay the same
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

I'm glad to learn that not funding can only apply for one year and will keep that in mind for next year.

I don't envy you with the roof problem. We are fortunate in that our owners are responsible for the exterior of their units, roofs included. Since we have no amenities I'm sure not funding the reserve this year won't hurt. I just want to make certain funding will begin again next year.

Thanks for you input.
GlenL (Ohio)
Posts: 5,491
Posted:
Ellen don't get too comfortable or complacent, you'll notice it says the reduction in funding is only valid for one year, it does not prohibit the exact same vote for the following year and the year after that etcetera, etcetera.

Studies show that 5 out of 4 people have problems with fractions
EllenS1 (Florida)
Posts: 1,148
Posted:
Glen,

When one lives in an hoa they should never get complacent and believe me I won't. If you snooze, you lose.

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