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In Maryland, Homeowners Associations (HOAs) are required to maintain a reserve fund to cover future expenses for common areas and amenities. This fund must be at least 10% of the total budget, as per the Maryland Condominium Act.
To determine the reserve requirement, HOAs must conduct a reserve study every 5 years. This study assesses the condition and remaining life of major components, such as roofs, elevators, and HVAC systems.
The reserve fund can be funded through various means, including special assessments, monthly fees, or a combination of both. Some HOAs also offer financing options or partnerships with vendors to help manage costs.
The Maryland HOA reserve requirements are designed to ensure that communities are prepared for future expenses and maintain their property values.
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Understanding HOA Funding
In Maryland, HOAs must maintain a reserve fund to cover the cost of major repairs and replacements, which is separate from the operating fund used for regular expenses.
The reserve fund is typically funded at 70% or above to avoid special assessments, but the ideal funding level depends on the community and its specific needs.
Robert Nordlund, founder and CEO of Association Reserves, explains that determining a reserve fund percentage is "relative" to your association's needs, requiring a comparison of the reserve fund size and the reserve requirements size.
A ratio known as "percent funded" is used to find the reserve fund percentage by comparing how the current reserve fund balance matches up to the association's reserve needs.
You can't use reserve funds to pay for something new, like building a playground, but rather for replacing existing assets like asphalt streets.
Reserve funds are meant to protect the stability of your association's finances from naturally irregular, yet predictable, future expenditures for the replacement of reserve components.
The funds in your HOA reserve account should not be used for maintenance, but rather for replacing reserve components when they need it.
If you're unsure what common assets your HOA has, review your governing documents and historical practices to determine which components are maintained through reserves.
If the purchase and installation cost or replacement cost is near or below $10,000, it's best to evaluate the necessity of conducting a reserve study with the help of a professional.
On a similar theme: Replacement Reserve Accounting
Compliance and Requirements
Maryland law requires condominium associations to conduct a reserve study every five years and update it annually.
Condominiums must contain provisions in their declaration that mandate the creation and maintenance of a fully funded repair and replacement reserve based on a current reserve study.
Associations must review the reserve study at least annually and make adjustments as needed to keep funding sufficient.
The board of directors must review the study at least annually to keep the funding of reserves sufficient.
Condominium disclosure statements must include the current balance in reserves and the most recent reserve study.
Resale certificates must include the current reserve study report or a summary thereof.
Associations must include a line item in their annual budget funding any replacement and repair reserve.
Maryland law requires reserve studies every five years, with annual updates to maintain financial stability and compliance.
Associations must conduct a reserve study at least once every five years to determine the necessity and amount of reserves required.
The association budget must include a line item for reserve funding if reserves are determined to be necessary.
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Determining Common Asset Value
Large expenditures are typically funded through reserves, whereas smaller and recurrent expenditures are funded through the general operating fund.
Reserve components vary by association, so it's essential to review your governing documents and historical practices to determine which components are maintained through reserves.
The purchase and installation cost or replacement cost of a component is a key factor in determining if it's worth conducting a reserve study. If the cost is near or below $10,000, it might not be necessary to conduct a reserve study.
What If We Don't Comply?
Not conducting a reserve study when required is a breach of a board's fiduciary obligations. This can lead to serious consequences for the community.
As a fiduciary, a board has a duty to serve in the best interest of its constituents. This means putting the needs of the community first and taking proactive steps to maintain the community's assets.
Not conducting a reserve study can result in underfunded reserves, which can make it difficult for the board to address maintenance and repair issues. This can lead to a decline in the overall quality of life for community residents.
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Delaying the process of conducting a reserve study can have long-term consequences for the community. It's essential to stay on track with reserve study requirements to avoid these issues.
Conducting regular reserve studies is a prudent step for a board to take. It helps ensure that the community's assets are properly maintained and that residents can enjoy a safe and comfortable living environment.
How PropFusion Simplifies Compliance
PropFusion simplifies compliance with Maryland reserve study laws by providing automated reminders. This helps HOAs stay on track with their reserve study requirements.
Maryland law requires reserve studies every five years, with annual updates to maintain financial stability and compliance. PropFusion's tools make it easy to meet this requirement.
PropFusion's compliance tracking and reporting tools are specifically designed for Maryland HOAs. They simplify the process of staying compliant with reserve study laws.
PropFusion's reporting tools and compliance features make reserve study planning a breeze for Maryland HOAs. They provide the necessary tools to stay organized and compliant.
By using PropFusion, Maryland HOAs can rely on automated reminders and easy-to-understand reports to stay on track. This helps ensure that reserve studies are conducted on schedule and that financial stability is maintained.
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Importance and Frequency
Regular reserve studies are essential for Maryland HOAs to ensure compliance with state laws and maintain financial stability.
Maryland law requires that reserve studies be reviewed yearly to keep things on track.
Conducting reserve studies regularly helps HOAs stay ahead of potential financial issues and avoid costly surprises down the line.
Reserve studies must be updated every five years for compliance with Maryland law, so it's crucial to stay on schedule.
By following these requirements, Maryland HOAs can rest assured that they're meeting their financial obligations and protecting their community's assets.
Who is Required
Condominium associations are required to conduct reserve studies in Maryland.
These studies must be done by certified specialists with relevant expertise.
Take Control of Your Association's Future
To stay on top of your HOA's reserve requirements in Maryland, you need a solid plan in place. PropFusion's reserve study software can help you avoid surprises and stay compliant.
PropFusion's software includes a Reserve Planner, which helps you create a tailored plan for your community. This tool is a game-changer for HOAs, as it ensures you're prepared for future expenses.
With PropFusion, you'll have access to a comprehensive Dashboard that provides a clear overview of your community's reserve status. This is especially useful for HOA boards who want to stay on top of their finances.
PropFusion's software also includes Funding Plans, which help you determine the best way to fund your community's reserve account. This is a crucial step in ensuring you have enough money set aside for future repairs and replacements.
Here are some key features of PropFusion's software:
- Reserve Planner
- Reserve Manager
- Reserve Professional
- Dashboard
- Funding Plans
- Scenario Planning
- Reserve Study Updates
- File Storage
- Asset Tracking
- Reserve Intelligence
- Compliance Alerts
By using PropFusion's software, you'll be able to stay on top of your HOA's reserve requirements and make informed decisions about your community's finances.
Frequently Asked Questions
What is the Maryland condo reserve law?
The Maryland condo reserve law requires associations to conduct a reserve study every 5 years to ensure adequate funding for future repairs and replacements. This law helps protect condo owners from unexpected expenses and ensures the long-term financial stability of their community.
What is the Bill 107 law in Maryland?
Maryland's Bill 107 law requires condominiums, housing associations, and homeowner groups to complete a reserve study by October 1, 2023. This law aims to ensure these communities are financially prepared for future maintenance and repairs.
How much should a homeowners association have in reserves?
For a well-managed HOA, it's recommended to have at least 70% of reserve funds in place to ensure long-term financial stability. This reserve funding percentage helps protect homeowners from unexpected expenses and special assessments.
What can HOA Reserve funds be used for in Maryland?
In Maryland, HOA Reserve funds can be used for repairs, replacements, renovations, and upgrades to communal areas, including exterior painting and driveway sealing. This helps maintain and enhance community spaces for the benefit of all residents.
Sources
- https://clarksimsonmiller.com/state-hoa-reserve-fund-laws/
- https://www.fsresidential.com/california/news-events/articles/hoa-reserves-beyond-the-basics/
- https://deeleyinsurance.com/maryland-reserve-studies-and-your-association/
- https://www.reserveadvisors.com/resources/blog/maryland-reserve-study-legislation-faq/
- https://www.propfusion.com/state/maryland
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