Another critical aspect of SB4D focuses on the funding of reserves for the ongoing maintenance and repair of inium and cooperative buildings. The law requires that these associations to conduct a structural integrity reserve study every 10 years for each building three stories or higher in height.
The Florida Homeowners' Association Act also provides guidelines for establishing a reserve fund but doing so is not mandatory. If your HOA has one, the reserve budget acts as a savings account for large projects that don't happen annually. Major repairs and projects are funded through this fund.
To ascertain these numbers, a board should seriously consider hiring an outside firm to perform a “reserve study.” While Ohio law does not specifically require a reserve study, it is virtually impossible to have the owners intelligently vote on waiving reserves if the owners are not told how much they are waiving.
Starting January 1, 2025, milestone inspections are required for buildings that are: 25 years or older if located within three miles of the coastline. 30 years or older for buildings further inland. After the initial inspection, follow-ups will happen every 10 years.
🔹 Mandatory Reserve Funds – No more waiving reserves! By , condo associations must fully fund reserves for major repairs. 🔹 Structural Integrity Reserve Study (SIRS) – Every 10 years, buildings 3+ stories must undergo a professional inspection to assess repair costs.
The 2022 state condo law, known as SB-4D, and its 2023 follow-up, SB-154, establish three primary requirements: licensed inspections, reporting and disclosures, and reserve funds. Importantly, these laws are not tax legislation that directly increases housing costs on condo owners.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
National Reserve Study Standards (released in 1998) define three types of Reserve Studies: Full, Update With-Site-Visit, and Update No-Site-Visit. The Operating Budget is for the daily/weekly/monthly expenses at the association, while the Reserve Budget is for the major common area repair & replacement expenses.
OHIO'S LAW Generally, the law requires that inium boards either: 1) provide for “reserve” funds in the association's budget so as to avoid special assessments, or 2) obtain a majority vote annually of the ownership to waive the reserves.
Oregon Revised Statutes require homeowners associations to conduct an initial reserve study, prepare an initial maintenance plan and establish a reserve account.