Reserve Funding
Dennis,
Every one on our neighborhoods is over 200% funded in our reserves. In fact, one neighborhood is over 500% funded. Each year we continue to contribute to these reserves based on our reerve study. We all know that once money is put into the reserve fund, it can’t ever come back to the operating fund and can only be spent on reserve components. Our CC&R’s require us to have 85% funding at year 30. Shouldn’t we be allowed to not fund the reserve for several years until the reserve funded % gets down to 90% funded? When you review our reserve study, rarely do any of the palnned expenditures occur, which is why I think the olverfunding has occurred. We fund today for an event that never takes place. In addition, given the way a reserve study works, we plan to fund for this same expenditure that never occurred 5 times in the study if it has a 6 year life. A reserve study is just a mathematical template that really has no value after the first year or two of the study. I really want to understand why anyone would continue to fund a reserve that is over 200% funded.
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DPK
You are absolutely correct. While the association has the right to plan and fund for long term maintenance and upgrade they have absolutely no right to fund that to more than is required to fund everything in their long plan. The association is setting themselves up to be sued for overcharging the homeowners. I suspect they have little faith in the accuracy of their reserve study but that does not give them the right to charge more than their study dictates. They have to either revise their reserve study or refund the homeowners money. This is a clear breach of duty and the individual board members could individually be help liable for any legal cost required for them to correct this.