Tag Archives: Reserve Fund

Condo Board Seeks Solution to No Money for the New Roof

P.B. from Hartford County writes:

Dear Mister Condo,

My Board wants to get a new roof. They set up a meeting for owners to vote on whether to take a 250K loan or not. At the meeting an attorney hired by the board to do the closing showed up and was practically running the meeting and trying to convince owners to give approval for the loan. I objected on the grounds that it was a conflict of interest to have the attorney there running the meeting since no vote was taken and not enough owners showed up for the meeting. Now the attorney instructed the board to go door to door to get proxies filled out. Is that ok?

Mister Condo replies:

P.B., not only is that OK, it may be the only way to get the necessary votes for the loan so the new roof can be purchased. HOA loans or Special Assessments are rarely needed by community associations that plan for the future and build a proper level of Reserves to handle something as common as a roof replacement. But, as is too often the case, the desire to keep common fees low wins the battle for fiscal responsibility. The end result is no money in the Reserves when needed. In this case, the Board has decided to seek out an HOA loan. The reason the attorney is needed is that it is very common that the association’s governing documents do not allow for the Board to take out a loan on behalf of the association. The proxy votes are the Board’s attempt to get the authority to negotiate the loan and obligate the association to the repayment of the loan, which is required from the bank before the loan is granted. As you can see, it often plays out as a comedy of errors before the final vote is taken and the money is loaned. The real question is how will you support the association moving forward? Will you be the one to suggest that common fees are raised 15%, 20%, 25% higher than they are right now? Will you be the one to insist that the association build a proper Reserve Fund and that Reserve Study be conducted so that a proper level of funding can be achieved? Without support for the unit owners, the Board’s hands are tied. If you need a new roof, the money will need to come from somewhere and that somewhere is the unit owners. Whether it comes in the form of a loan, a Special Assessment, an increase in common fees or a combination of any of the three, the unit owners will pay. Good luck!

Condo Board Closes Pools Versus Maintaining Them

T.K. from outside of Connecticut writes:

Dear Mister Condo,

We have 2 outdoor pools. For the past 2 years, 1 pool has been closed – no reason given. This year, none of the pools are opened. I was planning on attending the yearly board meeting that was to begin at 7 pm last evening. However, upon showing up for it we were told it wouldn’t be starting until 8 pm as they were “running late”. I have my own theory as to why they were delaying. What recourse do we have with regards to our pools not being opened and not being informed as to the situation? Our maintenance fees go up every single year without hesitation. Aren’t they liable to honor the dec’s & bylaws with regards to maintaining & operating the pools? So FED UP!

Mister Condo replies:

T.K., being fed up is a good start. Now, it is time to take action. I am sorry that you and your fellow unit owners are being denied full use of your amenities. Pools are a major amenity for many associations and you are correct that their care and maintenance is the responsibility of the Board. However, many associations fail to collect enough money in common fees to properly handle all of the fiscal responsibilities of the association. Even though as a unit owner, all you see is common fees that go up every year, that is no indication that enough money is being collected. Ultimately, associations need to have really good budgets and really good Reserve Studies adhered to in order to thrive. Would you be surprised if I told you that your common fees may need to rise 20 – 30% for that to happen? Would you support a Board that raised the common fees in order to meet the financial obligations of the association? The problem is that the Board is comprised of democratically elected unit owners who must run for election and reelection to serve their community. If they raise fees, they may not be returned to office as that is always an unpopular course of action. However, I can assure you, if the association ties their hands by not raising enough revenue to operate properly, you can expect your pools to remain closed. That is likely the tip of the iceberg. Are roofs being properly maintained? How about parking lots? How about walkways? Underfunded associations are easy to spot. The problems don’t all appear at once but they do surface. I would encourage you to have a candid conversation with your Board and fellow unit owners. If there is no money to make the repairs, you might want to be the one who suggest that common fees be raised. Without that extra capital to work with, I doubt much will change. Good luck!

Underfunded Condo Association Leaves Common Area Repair to New Owner

S.M. from outside of Connecticut writes:

Dear Mister Condo,

One year ago, an owner financed the sale of condo. Now the new owner says there is a serious drainage problem outside back sliding doors. He asked the HOA to fix the problem but there is no money available to do so. The HOA gave the new owner permission to do the job. Then the new owner got city inspectors involved who do concur that there is a major problem. Could the property potentially be condemned? New owner is telling us to either renegotiate our deal, thereby sharing cost of the job, or he will renege on the deal, putting all of the expense back on us. What can be done?

Mister Condo replies:

S.M., HOAs with insufficient funds often make bad decisions. In this case, a really bad decision is coming back to haunt the association. Exterior drainage problems are the problem of the association and should have been repaired by the association, not the unit owner. Further, the correct way to raise money for such a repair is to raise common fees, levy a special assessment, and build a Reserve Fund for future repairs and improvements. The phrase “no money available” indicates to me that there is also no Reserve Study in place and that the common fees have probably been way too low for way too long. The immediate problem facing the association is the possibility of a city inspector condemning the property. While that is an extreme measure, it is possible of the unit is in such disrepair as to cause the inspector to make such a call. Typically, even if a citation is given, the association has enough time to make the repair and avoid condemnation (unless human life is at stake, i.e. a collapsing roof or broken foundation). Assuming the repairs can be made by the association, get an estimate on the job, levy a special assessment or take an HOA loan (if eligible) and handle the repair. Then, sit down and take a good look at the budget for the association. Chances are common fees should be raised this year and for several years to come until the association gets back on sound financial footing. This may prove unpopular with unit owners but it is necessary for the association’s long-term fiscal health and to make sure the Board doesn’t need to make future bad decisions on needed repairs. All the best!

Condo Move In Fees Create Budget Excess!

J.G. from Illinois writes:

I’ve tried submitting this blog question online, but I keep getting an error message saying I didn’t enter the “recaptcha” correctly.  It’s just a check box, so I’m not sure what I’m doing wrong.  I hope you’ll consider this question for your blog. We’re trying to determine the proper treatment of fees collected that are outside the normal monthly assessments.  We have a move-in fee and occasionally collect late fees for monthly assessments.

Our condo rules state:

“There is a $500.00 fee for moving in that is non-refundable to cover cleaning and future rekeying of the building. ”

Our condo declaration states:

“…the Board shall supply to all unit owners an itemized accounting of the common expenses for the preceding year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the budget or assessments, and showing the net excess or deficit of income over expenditures plus reserves.  Any amount accumulated in excess of the amount required for actual expenses and reserves shall be credited … to the next monthly installments due…”

The IL Condo Act gives the Board the right to determine how to distribute excess as long as it’s not prescribed in the condo documents.

We’re expecting an excess this year due to a large number of unit turnovers.   Are we obligated to credit this to the owners?  Or, can we move any excess to reserves since it wasn’t “collected pursuant to the budget” (i.e. not part of the budget that all owners paid assessments for)? Thanks for any advice, opinions, or references!

Mister Condo replies:

J.G., I am sorry if the “recaptcha” tripped you up and I am glad that you emailed me instead. The “recaptcha” is needed due to deter the large amount of attempted SPAM that used to flood the website. Thank you for your vigilance. I am neither and attorney nor an expert in Illinois condo law so please accept my advice as friendly and not legal. For a legal opinion, you should contact a local attorney who specializes in community association law. At face value, I would say that you should return any monies that were over-collected before simply depositing them to the Reserve Fund. This would be in keeping with the spirit and intention of the law which is to protect homeowners from paying more than needed or agreed to in their vote to approve the budget at the Annual Meeting. At the very least, I would offer the unit owners a vote on how to use those funds at next year’s Annual Meeting. Chances are, it isn’t such a large amount that you would get much pushback to moving the funds to the Reserve Fund where it can be used to protect all unit owners. I salute your thinking and commend you for increasing your Reserve Fund but my advice is to follow the spirit and intention of the law and even your own governing documents so that no init owner can cry foul and demand their money back. All the best!

Unhappy and Unsatisfied Condo Owner Moves Out

J.J. from outside of Connecticut writes:

Dear Mister Condo,

I been having a problem at my condo where I used to live. I left because they were always harassing me and my daughter. I’ve been towed because my car on my parking spot and the back tire was on line of the other parking spot. I have been trying to find out for 3 years where money is going because we have Reserves but we have no amenities but a pool.

Mister Condo replies:

J.J., I am sorry you have had such a trying experience living in a condo. Following parking rules can be challenging but managing the parking lot so all unit owners can enjoy the amenity is even more challenging. If you parked where you shouldn’t have you really can’t be too upset if your car got towed. How else could the association parking lot be available for all of the other unit owners who have also paid for unobstructed use of the parking lot? Understanding where your common fees go can be difficult to understand. Just because an association has a Reserve Fund (all should) doesn’t mean they don’t need your common fees for other budget items. All of the common amenities and services are paid for out of the common fees. Everything from the lights in the parking lot to the trash removal to the management of the association and so much more are paid out of your common fees. If you feel you were harassed in any way by your association, I would encourage you to speak to an attorney to see if what you experienced meets the requirements for harassment. Towing your car for parking improperly and insisting you pay your common fees certainly doesn’t qualify but I am guessing there is much more to the story than you have relayed to me here.  Good luck!

Rules for Condo Special Assessment

R.F. from Connecticut writes:

Dear Mister Condo,

In Connecticut, can a special assessment be levied, with a vote by homeowners to paint buildings, repair buildings, labor and material? Can the Board of directors create a special assessment, by vote from homeowners for capital improvements which is patently a capital expense?

Mister Condo replies:

R.F., the rules for levying special assessments are determined by a few things, including the association’s own rules and state law. If the homeowners were allowed to vote, then, typically, the assessment would be deemed valid. Of course, all of the rules for giving proper notice of the vote would have to have been followed and all of the rules for conducting the vote would have to have also been followed. It sounds to me like that is what happened. The underlying issue is why was there a need for a special assessment for a capital expense that has likely been known about for years. You might want to suggest the Board conduct a Reserve Study and then present a plan for funding the Reserve fund so future capital expenses can be paid for out of Reserves and not via special assessment. All the best!

Previous Condo Trustee Allowed Unit Owner Delinquency to Go Unchecked!

M.C. from Middlesex County writes:

Dear Mister Condo,

Our trustee just sold her unit making me the new trustee. After she left, I found out one of the Unit owners wasn’t paying their HOA fees and that the former trustee had used funds I put in the Reserve Fund for my share of assessments to front for them. We were about to hold off on a planned assessment because of this when the city slapped us with a fine so now we have to move forward or rack up more fines! I asked a lawyer for a consultation hoping he could give us some advice on how to proceed and he practically laughed me off the phone saying the situation wasn’t worth a lawyer. But the unit owners still aren’t paying and the city is expecting us to move forward with the assessment! What do we do?

Mister Condo replies:

M.C., for starters, you get a new lawyer! I don’t know of any lawyer committed to community association law that would “laugh you off the phone” for such a potentially serious and clearly legal matter. You have three very separate matters to attend to here. The city slapping you with a fine is likely your biggest fish to fry. Get your association in compliance with the city so no further fines result. The city likely has powers to make your life quite uncomfortable depending on the nature of the offense. If they find your buildings are uninhabitable due to a safety issue, they could actually forbid people from living in your units. You certainly don’t want that and I am hoping that the fine is for something easily remedied. If a Special Assessment is needed to bring the association into compliance with the city’s requirements, it may be time to levy that assessment. Be sure you do so in accordance with your association’s governance documents and state law. Second, you need to take legal action against the unit owner in arrears as allowed by your governing documents. Typically, this is the work of an attorney or collection agency. Do not take matters into your own hands. Collections is a delicate and legal process best handled by professionals. Collection efforts may even lead to a foreclosure action by the association against the unit owner in arrears. This is not a matter to be taken lightly. Finally, the previous Trustee has acted inappropriately and, perhaps, even illegally. The decision to let another unit owner to forego paying assessments was very likely outside the scope of their authority. At the very least, it was a dereliction of duty. An attorney can best advise you if it is worth seeking criminal or civil charges against the previous trustee in an attempt to collect the delinquent common fees. Once you get all of these problems behind you, M.C., you can focus on running the association like a business, as it was intended to be. Good luck!

Condo Antenna Lease Renewal Quandary

E.M. from outside of Connecticut writes:

Dear Mister Condo,

We are looking for an advisor to help us understand the market value of an antenna lease we have with a major carrier. Sadly, the lease revenue is being used to offset operating expenses and not just going to build reserves. Therefore, the homeowners have become used to this “operating subsidy”. The long-term contract with the carrier will soon expire and we need guidance. Any ideas for resources?

Mister Condo replies:

E.M., utilities such as renewing or changing carriers for services like an antenna lease are the purview of the Board. The use of the lease revenue to help fund the Reserve Fund is noble but not likely required. If a previous Board diverted the lease revenue from the Reserve Fund in to the Operating Fund the current Board can take steps to remedy that. However, if there is a desire to keep common fees lower by using the revenue for the Operating Fund, there may be little motivation for the Board to make the switch back. Concerned Unit Owners like you can ask the Board to make the switch. As for renewing the antenna lease itself, the Board does have a few options depending on the competition for services in your market. Their best bet would be to see what their options are and solicit bids, just like they do for any other service they buy on behalf of the association. Good luck!

HOA Board Ain’t Fixin’ Nuttin!

R.M. from outside of Connecticut writes:

Dear Mister Condo,

4 months ago, I purchased a duplex which has 3 buildings and 6 owners. I had a hard time getting documents during the sale and did not understand the dynamics involved. The first email I got from the treasurer was on the day the fees were due. Our first meeting when I met the other owners was a nightmare. The president has been in position for 20 years and has Alzheimer’s so her daughter had appointed herself to the position. The treasurer was appointed by her, not vote, and the secretary had been behind 6 months in fees which they were trying to cover up. When I brought up concerns about the outside of our building, I was yelled at by the President’s son-in-law and told “we ain’t fixing nuttin, we got no money!” Then my neighbor brought up a repair not done properly and he stood up screaming and swearing at her and everyone started fighting. I asked for the bylaws and I was told by the president to find them myself. She doesn’t have them.

A few weeks ago, the fascia that needed repair was hanging off of my roof. I called the president and son in law started screaming and threatening me and said we have no money to fix it. I mentioned the Reserves that we should have had when I moved in, and both him and the treasurer admitted it was fudged to make the sale happen and accused my realtor of fraud. I had her call them and the next day the son-in-law apologized and paid out of pocket to have the fascia repaired.

They had previously called a special meeting to discuss the budget so I told them I did not want the son-in-law there as he has no business there; they agreed. The meeting started off ok until we brought up questions about missing payments from a couple of owners. We started getting bullied again. When the argument was brought up about the fascia I defended myself telling what the son-in-law said to me. He came running down the stairs screaming and swearing and threatening me again and threw me out of his mother-in-law’s house. I called the police.

I want to have the President, Treasurer, and Secretary removed by law for keeping false books, hostile environment, favoritism, harassment and negligence. If I have solid proof (which I do), will I be able to charge the association for the attorney since it’s in the best interest of the owners? It’s the board who caused all of these problems.

Mister Condo replies:

R.M., your tale of woe reads like a comedy of errors. I am glad you got your fascia replaced but the rest of this tale is a nightmare! This is a small homeowner’s association (6 units if I understood your opening statement). Small associations face the same challenges as larger associations but have far fewer resources to handle the issues. A functioning Board is a good start but there are legal remedies available to you. I want to ask you about your own purchase into this association. Did you use an attorney? Did the attorney review the governance documents? They can’t go missing as they are part of the closing process. Of course, if you somehow waived your right to these critical documents in an eagerness to make the purchase, you are experiencing a major case of “Buyer Beware!” It sounds to me like there is awful lot of impropriety going on here. You need to speak with an attorney, which I am not. I offer friendly advice; an attorney will offer you legal advice. You may end up suing the association, individual officers, anyone else associated with these misdeeds in an attempt to get the association back on sound footing. By the way, 6 owners don’t guarantee deep enough pockets to do that. In fact, you may be throwing good money after bad in an attempt to correct this problem. Your attorney can better advise you if you can include your own legal fees in any litigation but winning the litigation is just the beginning. You need to collect from these folks, who clearly don’t have the money from what you have told me. If it were me, I think I would try to sell and cut my losses. Otherwise, be ready to deal with an ongoing problem for months and even years to come. Keep the police on speed dial because these folks clearly have no idea what they are supposed to be doing and will likely continue doing what they have always done. Good luck!

Condo Vendors Work for the Board; Not the Unit Owners!

L.K. from New Haven County writes:

Dear Mister Condo,

A company was hired by the Board to do an assessment of the complex and provide a report to the board in order to get a loan. I called the person who did the report to ask some questions and he said he had been instructed not to answer questions from unit owners. All questions have to go to the Board first. No direct contact is allowed. Can the Board restrict unit owners from talking to a vendor hired by the Board and paid for by unit owners?

Mister Condo replies:

L.K., even though it might seem contrary to reason, the vendor was hired by the Board, not the unit owners. The vendor reports only to the Board. That doesn’t mean you don’t have a right to see the report once it becomes part of the association’s records but until then, the vendor, in this case it sounds like a Reserve Study expert, is correct not to interface with unit owners as it might color the report made to the Board. The Reserve Study specialist needs to be completely objective and present his or her findings directly to the Board. Your observation that unit owners have paid for this contractor is not technically correct. Yes, you and your fellow unit owners all pay your common fees but the governance of those funds is the exclusive purview of the Board. This is very similar to paying your taxes to the town or city in which you live. People that work for the town or city are not your employees, are they? No, the same is true for folks employed by the association. They work for the Board and are responsible only to the Board. I hope your Board makes good use of your new Reserve Study. Good luck!