Usually, the reserve fund is meant to cover those expenditures which either replace a common area component or extends the life of that component. Thus, minor roof repairs are usually operating expenses while major repairs which extend the life of the roof or delay replacement of the roof may be reserve expenses.
Homeowners' Associations in New York, or otherwise known as Common Interest Communities, are regulated by the Attorney General's office and must be set up as non-profit organizations. They are governed by NY Not-For-Profit Corporation Law, the Association's Articles of Declaration, and Bylaws.
To have a pleasant condo living experience, keep in mind these legal rights for condo owners. The Right to Access Condo Documents. The Right to Equality and Non-Discrimination. The Right to Notice and Meetings. The Right to Run and Vote During Elections. The Right to Protest.
Often times, reserves are set aside to act as a buffer against future losses. They are not kept for any known laibility and can be utilized for any purpose ing to the laws and procedures. Fund is created by contibution with the amount which is kept aside for a specific purpose, eg.
The inium Act is the New York State law which governs the establishment of iniums.
A reserve fund is a savings account or other highly liquid asset set aside by an individual or business to meet any future costs or financial obligations, especially those arising unexpectedly. If the fund is set up to meet the costs of scheduled upgrades, less liquid assets may be used.
And keeping these desirable community features up to date and well-maintained over the years requires a predictable amount of capital. This capital is called the Reserve Fund. Having an adequate condo Reserve Fund means that your facilities are able to be repaired when something breaks.
Condo Owner Rights: The Right to Protest When board members fail to meet their fiduciary duties, condo members can remove the board members who are abusing their authority. Condo owners also have the right to protest any regulations that are discriminatory, unfair, or onerous.
The Federal Housing Administration (FHA) has weighed in by requiring approved inium projects to have at least 10% of the annual operating budget set aside for reserves. However, that percentage is arbitrary and is usually never enough for an association that has to paint and replace roofs.