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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Budgets, Reserves & Financial

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When Must an HOA Board Provide Reserve Schedules to Residents?

Posted in Budgets, Reserves & Financial, Reader Q&A

Question: When must the board for a homeowners’ association provide the reserve schedules to the members? Can this information be provided at the annual meeting, or does it need to be included with the pre-meeting notice? D.D. (via e-mail) Answer: It depends. Chapter 720 of the Florida Statutes, often called the “Florida Homeowners’ Association Act”… Continue Reading

HOA Interfund Reserve Transfers Usually Board Prerogative

Posted in Budgets, Reserves & Financial, Reader Q&A

Question: Can the board of a homeowners’ association move monies from one reserve account to another, or for operating purposes, without membership approval? D.D. (via e-mail) Answer: Section 720.303(6)(h) of the Florida Homeowners’ Association Act states that “statutory” reserve funds (this is the industry accepted legal “slang” term and not a term used in the… Continue Reading

Association’s Pooled Reserves Require Attention To Detail

Posted in Budgets, Reserves & Financial, Operations, Reader Q&A

Question: I have a follow-up question to your recent column concerning reserve accounts. It is my understanding that the association’s board of directors, without a member vote, can change from straight line reserve funding to pooled reserve funding for future reserve funds. However, to move existing straight line reserve funds to a pool method would… Continue Reading

Pooling Condominium Reserves Offers Greater Flexibility

Posted in Budgets, Reserves & Financial, Operations, Reader Q&A

Question: Our condominium association recently hired a new manager. She tells us that we should set up our reserve accounts in a “pool”. Can you explain what this means to us?  J.E. (via e-mail) Answer: “Cash flow” funding of condominium reserves, sometimes also referred to as the “pooling” method of reserve funding, has been around… Continue Reading

Condo and Co-op Budgeting Basics

Posted in Budgets, Reserves & Financial

It goes without saying that every association must adopt a budget each year reflecting the estimated income and expenditures of the association. The Florida Administrative Code requires the budget adopted by the Board of Directors to contain some basic features. The budget must contain the beginning and ending dates. Adopting a budget for the “2015”… Continue Reading

Condo Statute Does Not Place Cap on Budget Increases

Posted in Budgets, Reserves & Financial, Operations, Reader Q&A

Question: We own a unit in a condominium association and this year our assessments increased significantly. I was told that the Condominium Act did not allow boards to increase assessments more than ten percent per year without an owner vote. Is this correct?  J.C. (via e-mail) Answer: No. Section 718.112(2)(e)2.a., Florida Statutes, provides that if… Continue Reading

Condos & HOAs can save money by conserving water

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Operations

The legislature is concerned about the quality of water delivered to end users in this state. While water rates have increased (in some cases significantly) over the past few years, apparently those increases do not translate to better water quality. The bill is designed to create additional water standards and allow customers to petition to… Continue Reading

Condo & HOA Common Expenses: Can the board spend your money for that?

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors

Last year we featured an article in our Community Update publication explaining how to evaluate whether certain expenses are appropriate in community associations. The term “expenses” is probably defined in your Condo/HOA documents and it is likely that that definition encompasses expenses that seem to go beyond the strict statutory definitions. Section 718.115, Florida Statutes… Continue Reading

Condo Associations & HOAs Losing Millions Nationwide

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors

According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States.  Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud,… Continue Reading

Reserve Accounts Can Be Established For Uninsured Losses

Posted in Budgets, Reserves & Financial, Insurance, Reader Q&A

Question: Is it legal for a condominium association to establish a reserve account for “uninsured losses?” Are these reserves limited to deductibles, or can they include losses that are not insured? S.K. (via e-mail) Answer: In response to your first question, it is legal to establish a “reserve” account for uninsured losses. There may be… Continue Reading

Shenanigans are Unlikely with this Board

Posted in Budgets, Reserves & Financial, Official Records, Reader Q&A

Question: Our condominium association sends the owners monthly budget reports, including year-to-date expenditures and comparisons with previous years’ expenditures.  Some of our owners are leery about what we see.  Can we demand an independent audit?  If so, what is the procedure?  D.B. (via e-mail) Answer:  First, I would say that a condominium association routinely providing… Continue Reading

Board Talking About Switching Over to “Pooled” Reserves

Posted in Assessment Collection, Budgets, Reserves & Financial, Reader Q&A

Question: Our board of directors has been talking about switching over to “pooled” reserves. Can you explain what this means? L.A. (via e-mail) Answer: The concept of funding condominium reserves through the “pooling” method, sometimes also known as the “cash flow” method, came into vogue about seven years ago. The Florida Condominium Act requires an association to… Continue Reading