Why are association reserves necessary?
Why not wait until the repair or replacement is necessary before collecting the
money from owners? Fairness. If all condominium owners lived in the same
condominium project for life, the owners would eventually pay all the costs of
living in the building. However, condominium owners often move and sell their
apartments. Unless they pay their share while they own in the project, the costs
of ownership will be unfairly divided. Therefore, the reserves law requires that
owners pay for deterioration of their condominium project every year, on a
pay-as-you-go basis.
Example: An association of 50 owners learns that it
will need $100,000 to replace its project roof 10 years in the future. The
association has no money now. Instead of collecting $10,000 a year (as in the
example above) for 10 years, the association decides to wait 10 years and
collect the money by a special assessment of $100,000. One of the 50 owners
sells her apartment after 9 years and a new owner moves in. One year later, the
board is forced to specially assess all owners $2,000 each ($100,000 divided by
50) for a new roof because the old one is worn out. Thus, the new owner, who had
the use of the old roof for only 1 year, pays for 10 years worth of use (and
deterioration). The previous owner, who had the use of the old roof for 9 years
pays NOTHING. Under the reserves law, the new owner would pay for only 1 year of
use; the previous owner would pay for 9 years of use - a fairer
result.
Financial Hardship. Many people who buy a condominium can afford
to pay their mortgage and monthly maintenance fees but not large special
assessments. Some people could even lose their homes if assessments are too
large. The reserves law reduces that risk by reducing the need for large special
assessments. Instead, the law requires the association to collect the cost of
major repairs and replacements as part of the monthly fee.
Mortgage
Requirements. Most people who buy condominium apartments need a loan. Many of
those people may not be able to obtain loans unless the unit they plan to buy is
in a condominium project with sufficient reserves. The apartment and the project
act as the security for the loan. Lenders have come to realize that sufficient
reserves increase the value of an apartment and a project and demonstrate the
owners' commitment to the efficient operation of the project.
Owners in
condominiums without sufficient reserves may find they cannot sell their
apartments. If they can sell, the sales price may be less than it should be
because fewer lenders are willing to make loans on the
apartments.
Insurance Requirements. Insurance companies also realize the
importance of reserves to the efficient operation of a condominium. Lack of
sufficient reserves can indicate other problems, such as poor maintenance,
which, in turn, causes increased hazards and claims. Audit Requirements. New
audit guidelines require an auditor to include information about reserves in the
audit report.
Businesslike Operation. A large condominium is a business
and should be run like one. It should not stagger from crisis to crisis. In the
past, some boards would adopt budgets and then ignore them. Other boards would
learn of the need for reserves but fail to collect them, knowing or hoping they
would not be around when the reserves were required. A reserve study allows the
board to plan - to anticipate problems and expenses rather than simply react to
them. A reserve study also provides continuity for new board members.

