HOA Reserve Study Conundrum

Some states have specific legislation that requires homeowner associations to have and follow a 30 year repair and replacement plan known as a "reserve study". It is the kind of plan that all HOA boards should follow even if no law exists since that's what good businesses do: plan ahead. Failure to plan for these expensive events inevitably leads to inadequate maintenance, declining property values and dreaded special assessments.

But there are now several new twists that make the idea of a reserve study even more compelling. In most states, HOA boards are allowed to set the level of reserve funding (how much money is set aside each year to address future costs). The fairest approach is the 100% funding model which requires all members along the 30 year time line to contribute a fair share of future costs. However, some boards have for political reasons put less in reserves (sometimes much less) to placate current owners that want to the obligation paid by future owners who have no say in the matter (sound familiar).

Now enters several new 600 pound influences into the reserve funding debate. In December 2007, Fannie Mae and Freddie Mac (the entities that have in past years underwritten most condominium mortgage loans) enacted the following requirements for condominiums where their loans were made being proposed:

1. The condominium is required to have a reserve study.

2. At least 10% of the annual budget must be put into reserves.

FHA (the government agency that insures low down payment loans which have become a huge part of the current mortgage market) is proposing to establish even stricter requirements for condominiums including:

1. Developer controlled condominium reserve funds are required to 100% funded.
2. After developer turnover condominiums are required to be at least 60% funded.

Since Fannie Mae, Freddie Mac and FHA are the 600 pound gorillas in the current condo mortgage market, this means is that if your condominium does not 1.) have a reserve study and 2.) maintain the indicated level of reserve funds, these entities will not underwrite your buyer's or your refinance loan. Folks, this is HUGE.

Condominiums that have an underfunded reserve study need to take decisive action to comply or risk losing vital lending sources. Condominiums that have no reserve study need one as soon as possible and to fund it to indicated levels.

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Paul Stillwaggon, For All Your Real Estate Needs Contact New Jersey Estates Real Estate Group E-mail: njestates@gmail.com Web: http://www.newjerseyestates.net 908-561-5492 (Paul S) 908-310-1358 (Cell)

NJ Estates Real Estate Group Weichert Realtors 908-561-5492 55 Stirling Road, Watchung, N.J. 07069

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