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MikeJ8 (Illinois)
Posts: 45
Posted:
We are a small HOA & we have an annual operating fund and a reserve fund. Our operating fund has a substancial surplus this year. Can our HOA hold excess funds in reserve or does it have to be returned? Spent on something?
TimB4 (Tennessee)
Posts: 21,047
Posted:
Since budgets are typically not exact, there are times that the operating fund could exceed the expenses. When this happens typically one of three things could be done:

1) The Board may deposit an additional amount into the Reserves (perhaps into a contingency fund).

2) The Board may use the excess funds to offset expenses for the following year and adopt a lower assessment for that year (effectively returning the excess to the membership). Depending on the amount of the excess, I would caution doing this with a large amount as it could limit the amount assessments can be raised in future years to meet expenses (as some board are limited to a certain percentage without membership vote).

3) Do a combination of the two.

I strongly recommended for Associations to have three different funds:

a) The Operating fund - to pay the day to day expenses

b) The Reserve fund - to pay expected future maintenance and replacement of capital assets.

c) A Contingency fund (some Associations make it part of the Reserves) - to pay for budget shortfalls, cover delinquent accounts, pay deductibles on insurance policies and to make unplanned repairs.

There is no specific formula on how much to have in a contingency fund, as each Association has different circumstances. I've heard that a good starting place for the fund would be 1/12 of the annual assessments.

Tim
DavidW5 (North Carolina)
Posts: 565
Posted:
Mike,

You will also need to decide which federal tax form to file - 1120 or 1120H. Excess membership income is taxable under one but not the other.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You may just want to give yourselves a "treat" before putting the rest into savings. It may be time to do some prevenative maintence, buy some flowers, or some small project that would benefit everyone. Do you have any non-payers? May use the money to collect.

It's rare a HOA has any extra money since it is a non-profit. Which translates ROUGHLY that it should spend as much as it gets in. Plus it can have some reserves/savings. However, if it does have extra money at the end of the year, it just may be subject to taxes. Not a big deal if it's not that much. Your not going to lose your non-profit status.


Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
You really need to check your documents and your state laws. Some states may require that any unused assessments be returned to the homeowners, either in cash or by applying the excess to the next year's assessments.

Also, in order to file using an 1120H to claim the tax status of an HOA, you must meet both a 60/40 income test and a 90/10 expenditure test. Make sure that at least 90% of your expenditures are for maintaining/acquiring association property. In other words, don't take the excess and decide to throw a party with it.
FredB4 (Ohio)
Posts: 375
Posted:
You need to be careful here and check your state laws governing condominiums. Ohio make a distinction between common "profits" and common "surplus".See below.

17. Common Profits can be retained by the Board as reserves. However, please note that "Common Profits" are not the same thing as "Common Surplus". Common Profits are the amount by which the total income received from assessments charged for special benefits to specific units, rents received from the rental of equipment or space and Common Elements, and any other fee, charge or income other than common assessments exceeds expenses allocable to the particular income, rental, fee or charge. On the contrary, Common Surplus is the amount by which common assessments collected during any period exceed Common Expenses. This Section does not give the Board the authority to take any amounts collected over and above the operating budget and place them in reserves. That may be what the Code meant to accomplish, but that is not exactly what it says.

MikeJ8 (Illinois)
Posts: 45
Posted:
I am somewhat shocked at the level of HOA education & experiance with those posting on this site. This may be a question for our attorney. We had a billing dispute with our largest expenditure, landscaping. The contractor has cut his annual fees in half for the year in hopes of retaining our business, it worked.

We are in dire need of some deferred maintenance but due to the economy several board members have taken on a "savings account" attitude with the operating fund. I know this doesn't make sense but your replys should help me get some of the maintenance done.

Thank You
TimB4 (Tennessee)
Posts: 21,047
Posted:
Quote:
Posted By MikeJ8 on 10/24/2011 7:49 PM
I am somewhat shocked at the level of HOA education & experiance with those posting on this site. This may be a question for our attorney.

Shocked in a good way or bad way?

Those that responded are not from IL and therefore are limited on knowledge of IL statutes.

Quote:
Posted By MikeJ8 on 10/24/2011 7:49 PM

We are in dire need of some deferred maintenance but due to the economy several board members have taken on a "savings account" attitude with the operating fund.

Wouldn't the maintenance have been planned for in the Reserve funds?
FredB4 (Ohio)
Posts: 375
Posted:
While this is a great site for some feedback and ideas from some very knowledgable and experienced people, CC&R's and state laws are not all the same so it is important that you always check your own governing documents.
We aren't allowed to use our reserve account for maintenance items. The money in reserves is for capital expenses only. Nor, generally, can we take money out of the operational account for capital expenses.However,there is some gray area there in things like landscaping.
Budgets need to be as accurate as possible and the reserve and operational accounts are not generally interchangable.Our reserve account does allow for money to be used for an end of year "operational shortfall" and also contains a line item for "contingencies" or unexpected capital expense items.
The legal issue is that the "financial burden" must be fairly and evenly distributed among past, present and future owners.
PetunkaM (Florida)
Posts: 1,009
Posted:
Fred,

Interesting. In addition to capital reserves, we are required to maintain deferred maintenance fund for all repairs which happen less frequently than annually. This includes road resurfacing and painting, for example.

We treat new landscaping as ‘improvements to common areas’. If we want to plant ten new trees on the property the money ‘should be’ authorized by the membership. But, if existing trees are taken out by mother nature than it is a replacement or, the insurance may cover it.

Excess in the operating fund goes to ‘operating contingency fund’. We cannot transfer this money to reserve funds without the owners’ consent. Returning money to the membership may not be a good idea. Instead, we increase the percentage of the dues collected to be deposited in the reserves the following year. This automatically decreases the operating reserves while it builds up the reserve funds and no one complains as long as they know where the money is going.
FredB4 (Ohio)
Posts: 375
Posted:
Petunka,
I like the idea of a contingency fund in the operating account. We have ours in the reserve account but I think I will suggest we change that this year. I agree that it isn't always a good idea to give the money back.
With the present housing market, it is extremely important that association finances be in very good shape or mortgage loans will be very hard to come by, so a little extra padding is beneficial for everyone in the long run.
SheliaH (Indiana)
Posts: 6,964
Posted:
I wish our HOA DID have a substantial surplus! Depending on the amount, I think we'd put some in reserves and perhaps not raise fees for the next year, but all the ideas listed here are good (especially setting up a contingency reserve fund)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
FredB4 (Ohio)
Posts: 375
Posted:
Shelia,
A substancial surplus is not a good thing since it means that the budget wasn't properly planned out. Takeing money from your opperating account and putting it into the reserve account can lead to problems if an owner wanted to make an issue of it. Ending up with a large surplus means the owners over paid the amount they legally owed.
You should have a reserve account and budget with some kind of reserve projection showing your likely capital expenses over the next 10 years or so. Owners should be contributing to this each year in the amount necessary to cover those upcoming capital expenses. You legally are required to put a mininum of 10% into reserves each year.
Unless you have a good surplus it isn't a good idea not to raise fees. Better a little at a time then end up with an a special assesment.
The present housing market is very difficult at the moment and banks, FHA, Fannie Mae etc. are very reluctant to give mortgage loans to homeowner associations that are not financially stable because thay are considered high risk loans. This includes contributions to the reserve account adequate enough to cover major capital expenses without special assesments.
It's all enough to make you scream !!!
MikeJ8 (Illinois)
Posts: 45
Posted:
It's very good.
MikeJ8 (Illinois)
Posts: 45
Posted:
This is exactly what I had thought could be an issue with moving excess funds from the operating budget to reserve. All of this does make my head spin. When one buys into an HOA there should be a course that come with the purchase!
FredB4 (Ohio)
Posts: 375
Posted:
Is there anything crazier than "volunteers" looking after other people's real estate investments without proper qualifications or enough time to do it properly ? Since the Mc is "guided" by the BOD it makes even less sense.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I like that one FredB...A HOA is a crash-course in not only in corporations but small government as well...It's all done by underqualified and clueless people just trying to keep their heads above water while others keep trying to sink the ship...

It's not to say that every and all HOA members or board members are incompetent or don't know anything. There are some very confident and competent members in HOA's. You can see many of them posting here helping educate others so they can join their ranks.

I just think that if your in a HOA you should know the basics. A HOA is operated by it's members for it's members. The money works much like a "Poker kitty". You all put into the pot and the one with the biggest bluff or hand wins the pot...and my favorite phrase: "If you sue your HOA, you sue yourself and your neighbors". You get those basic premises in mind your probably half way there to a beginning of understanding your HOA...

Former HOA President

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