Condo Bylaws Association With Low Reserves In Salt Lake
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FAQ
Utah law does not require any particular amount of reserves for associations.
While there is no ideal funding level, having adequate reserve funds to replace reserve components as they are due over time is the goal. For instance, if an association has a 75% reserve fund level, they can only replace 75% of their reserve components as they become due.
On average, The Board should be setting aside 15% to 40% of their total assessments towards reserves, although for some simpler situations, a more minimal reserve fund ratio of 10% to 15% may be sufficient. Develop a funding plan that aligns with the calculated reserve fund requirements.
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.
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.
These associations typically consider such expenses as either operating expenses or reserve expenses and classify these projects as repainting under reserve expenditure. This makes sense given that these expenditures are capital assessments and thus should be taxed.
Utah HOAs are primarily governed by the Utah Revised Nonprofit Corporation Act as well as specific legislation pertaining to iniums and community associations. These state laws are designed to work in conjunction with relevant federal laws to ensure that HOAs operate within the legal framework.
Reserves are like savings accounts – an accumulation of funds for a future purpose. The source of funding for a reserve might be surpluses from operations, or scheduled transfers that have been planned and budgeted.
