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JohnC31 (North Carolina)
Posts: 3
Posted:

I live in a development of 435 homes in Brunswick County, North Carolina. The subdivision includes 160 townhomes (not condominiums). Last fall a sizable percentage of townhome owners (38%) voted to reject the proposed townhome budget for 2010 to object to the size and scope of the townhomes Reserve Fund that the Board of Directors approved in 2007.
The current Reserve Fund replacement program includes 64 elements for the larger townhomes and 37 elements for smaller townhomes. An engineering study estimated the cost of the replacement program at almost $3 million. The replacement scheduled extends until 2032. The Reserve Fund has already resulted in substantial increases in the HOA fees and additional increases are needed to fully finance the Fund.
The development’s Declaration of Covenants lists only seven townhome elements that the HOA is obligated to repair and replace. One of them is “exterior surfaces” and the Board of Directors interprets that phrase to mean all front doors, windows, garage doors, patio doors, shutters, etc. The residents who favor a smaller, less costly Reserve Fund believe that the phrase “exterior surfaces” is open to interpretation and doesn’t necessarily mandate the inclusion of all those elements.
We are interested in what other townhome communities include in their Reserve Funds and what effect the Reserve Funds have had on HOA fees. We would appreciate it if anyone would share their experience on this matter.

RogerB (Colorado)
Posts: 5,067
Posted:
John, I would interpret "exterior surfaces to be more, not less, than interpreted by your Board. I suggest your association amend their Declaration to be very specific on maintenance responsibilities. Following is an example for a townhome we manage.

ARTICLE VIII - MAINTENANCE RESPONSIBILITIES
Section 8.1 Association Maintenance.
The Association shall maintain the Common Area and, except for Limited Common Areas, shall
provide exterior maintenance, repair and replacement (including paint and/or stain as is
appropriate) on each Lot and the homes thereon, as follows:
The exterior building surfaces such as roofing shingles and underlayment; vents to the
extent they are outside of the roof sheathing or exterior wall plywood and roof jacks;
gutters and downspouts; exterior siding, soffits, and trim (but not including replacement of
doors and door frames, and windows and window frames); decks and fences; skylights
installed by the original builder or installed with the Association’s written permission;
security lights which are controlled by photocells located in the Common Area; and sewer
lines serving more than one Lot, including but not limited to the main sewer lines.

All items upon the Lots and the homes thereon that are not specifically the Association’s
responsibility shall be the responsibility of the Owner(s) of the Lot.

Maintenance and repair of the interiors of the homes shall be provided by the Association only to the extent needed to repair damage caused by the Association’s negligent performance of its maintenance duties as specifically set forth in the Association’s governing documents.

Section 8.2 Owner Maintenance.
Except as set forth in Section 8.1 herein above, the Owners shall be responsible for all
maintenance repair and replacement of the Lots and homes except those included in Section 8.1, including but not limited to, the following:
All components of the Lots and homes including the walls and wall coverings; all doors
including garage doors and door frames, coverings, and seals; all windows and glass
including window coverings, frames, and seals; all external items on the Lots and homes
which are controlled from inside the homes, including but not limited to, electric outlets,
lights, sump pumps, individual sewer lines from the interior of the homes upon the Lots up
to the point where the line joins a common service line shared by more than one Lot, even
though part of these sewer lines will be outside of the Lot boundaries, and water faucets
and other Limited Common Area items, including but not limited to, solariums, solar
systems, satellite dishes, cables and wiring attached to the Unit; and those items listed as
the Association’s responsibility if the need for maintenance or repair is caused by the
negligent acts or omissions of an Owner, their family, tenants, residents or invitees.

Section 8.3 Owner’s Negligence.
In the event that the need for maintenance or repair is caused through the willful or negligent act or omission of the Owner, an Owner’s family, guests, or invitees, the cost of such maintenance or repairs may be, at the discretion of the Board of Directors, a Default Assessment to such Owner and such Owner’s Lot.
JohnC31 (North Carolina)
Posts: 3
Posted:

Roger,

Thanks for the feedback. I should have mentioned in my inquiry that the other elements specifically mentioned in our Covenants are: roofs, decks, porches, gutters and downspouts and yards and improvements, including by way of illustrations, but not limited to travelways, walkways, privacy fences for the sole use of a Lot, leaves, shrubs and grass. If I read your response correctly, in your development the individual homeowner is responsible for doors, windows, garage doors, patio doors, etc. This, in fact, is just what those who have challenged the existing Reserve Fund in our development believe.
GeraldT4
Posts: 1,022
Posted:
JohnC31 - In my experience of living in townhomes, windows and doors are the responsibility of the owner to replace. Window and door frames, shutters, roofs, and all other exterior elements are that of the association.
RogerB (Colorado)
Posts: 5,067
Posted:
The maintenance repair and replacement responsibilities of the association and of the owner depend on what the Covenants state. Unfortunately, some Covenants do not clearly and/or sufficiently state these. Be careful not to assume. For example if not stated in the Covenants I believe a townhome roof is the responsibility of the owner since the lot extends vertically above and below the roof and basement, respectively.
JohnC31 (North Carolina)
Posts: 3
Posted:

Gerald, Roger,

Thanks for your input. How about HOA fees? According to our treasurer, twenty percent of HOA fees are allocate to the Reserve Fund. In your experience is this a reasonable ratio for a Reserve Fund? On average, townhome owners fees in our development are approximately $590 per quarter or almost $2400 annually.

John
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
In your experience is this a reasonable ratio for a Reserve Fund?

There is no right answer. Depends on the property, how old it is, major repairs coming up, etc. It really depends on your specific property. That said.... 20% sounds fine.
GeraldT4
Posts: 1,022
Posted:
JohnC31 - 20% may or may not be adequate. My math indicates you set aside $208,800 per year to Reserves. From 2010 to 2032 you will have transferred $4,593,600. Less Reserve expenses of $3,000,000, theoretically there will be at least $1,593,600 remaining in the Reserve account. What you need to do is make sure a predetermined amount in Reserves never dips below a expenditures over time. This predetermined amount is called a Reserve Threshold. Some communities have the Threshold at 5% of the total replacement cost of all the common elements.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By JohnC31 on 05/20/2010 5:22 PM

Gerald, Roger,

Thanks for your input. How about HOA fees? According to our treasurer, twenty percent of HOA fees are allocate to the Reserve Fund. In your experience is this a reasonable ratio for a Reserve Fund? On average, townhome owners fees in our development are approximately $590 per quarter or almost $2400 annually. John

The percentage to put into reserves each year depends on many factors. It requires a long range reserve analysis to determine the amount. We manage a townhome association where we suggested 33% for the next 20 years. They have no amenities but need lots of maintenance.

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