REMBAUM'S ASSOCIATION ROUNDUP | The Community Association Legal News You Can Use

561-241-4462    |    9121 N. Military Trail, Ste. 200   |   Palm Beach Gardens, FL 33410

Reserves, Reserves, Reserves

It’s election season again and you know what that means,  right? If you live in a condominium, then typically at your annual meeting, in  addition to the election, the association’s opportunity to vote to waive or  reduce reserves takes place, too. Here are a few helpful hints to keep in mind:

Condominium association budgets must include fully funded  reserves in their annual budget for each item whose replacement costs are  greater than $10,000.00. Each such item is required to have its own line item  reserve in the budget, unless the association decides to “pool” their  reserves. This means that there is one line item for all items within the  “pooled” reserve. Reserves must only be used for their designated  purpose unless the unit owners vote to use them for a different purpose. If the  unit owners do not vote to waive or reduce the reserves, then, pursuant to  state law, the fully funded reserves go into effect.

Reserves should be budgeted based on a straight line  method. This means that if the cost to replace the roof is $100,000 and its  life is 30 years, the association should include $3,333.33 per year for  reserves (100,000 30). If repairs are made that affect the remaining useful  life, then the association can take that into account, too. Effective July 1,  2010, the requirement to have a reserve study was deleted from Chapter 718,  Florida Statutes, the Condominium Act.

To waive or reduce condominium reserves requires an  affirmative vote of the majority of the unit owners at a members’ meeting where  a quorum was present. To use condominium reserves for a different purpose other  than for which they were accrued or to begin “pooling” reserves, a  majority of all unit owners must vote in favor of this  change. The requirement that a developer controlled board cannot raise the  budget by greater than 115% over the previous year does not, amongst a few  other things, include the tabulation of the reserves in the budget calculation  that determines whether the increase is greater than 115% over the prior year.

Homeowners’ association reserves are a bit different. There  is no requirement that forces an HOA to include reserves in the budget unless  the developer initially includes them, or the majority of the entire membership  votes in favor of accumulating reserves. Therefore, if your HOA’s budget  includes a line item called “reserves” but neither the members voted  to accumulate them, nor did the developer initially vote to establish them,  then the HOA’s reserves are more akin to a voluntary savings account.

Regardless of whether you live in an HOA or a condominium,  it pays to be circumspect as to how your association board presents the choice  to waive or reduce the reserves. More often than not, the limited proxy/ ballot  provides the choice to fully waive or to reduce by either a certain percentage  or by leaving it up to the discretion of the board. Providing more than one  choice means that your association is less likely to accomplish either result,  and the unintended, but very real result, is that the required votes to pass  either option is diluted. If the Board is going to provide the option to waive  or reduce, then consider presenting only one option.

Keep in mind that, reserves are forced savings accounts to  replace items that have a limited life so that the money is accrued by the time  you need to replace the reserved item. While waiving or reducing reserves may  seem like it’s saving you money, consider the fairness of the following  scenario: Mr. Jones lives in a condominium where reserves are waived year after  year. After 20 years of enjoying his home, Mr. Jones moves. Six months later a  new roof is required. The result is that Mr. Jones enjoyed the roof for those  20 years and never had to contribute towards the savings for a new roof.  Meanwhile, the person that bought his unit is stuck with the special assessment  bill!