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DorothyO (Washington)
Posts: 293
Posted:
Hello All,
Forgive my ignorance on this, but California's Davis-Stirling Act keeps coming up in so many posts here as a definitive law and reference, even other states, that I am wondering what I missing. Other than perhaps a precedent setter, why is is relevant to other states?

Dorothy
BradP (Kansas)
Posts: 2,640
Posted:
Dorothy:

California and Florida are two of the states that come to mind that are a lot more progressive in terms of legislating HOA's. The Davis-Stirling Act while it is the bible for California folks should be no more than a reference for you and me. You need to check with your state and their laws and statutes as not every state is the same. I would not use the Davis-Stirling as the end all be all for you.
DorothyO (Washington)
Posts: 293
Posted:
Brad,
Well, that is what I thought, and I have the Revised Codes of Washington, Chapter 64.38, Homeowners Act, bookmarked. It is a well-traveled site.

I also noticed a post that said come January 2012 changes in the open meeting law take place -- as if it was a national thing. I am a member of the CAI,and the Washington Chapter, so I do get the Legislative updates. I know there are changes here in Washington scheduled for January 2012, mostly with Reserve Studies.

So far, we are exempt from having a Reserve Study, due to our "insignificant assets," as well as the cost of the Reserve Study, based on our annual budget. Although, I really do wish we could have Reserve Study done -- as we are turning twenty this year. And even though we have no structural common areas, just a small park, we do have a wooden fence, a brick sign, a ten-year old basketball court, a ten-year old play structure, lots of trees and we own the street lights. I've gotten rough estimates of maintenance as well as worst-case scenarios for the underground sprinklers and the street lights. And we have city streets and sidewalks. I suspect though that someone would come in and say, "Mmmm,you've got thirty trees, fourteen street lights, etc. If you had to replace them all, or even one etc., etc., then, THAT would be a more reflective Reserve Study, yes? I mean, the electric company (they do the city lights as well) told me the light poles themselves just don't get replaced, nor does the electrical wiring protected inside -- it'd be rare indeed if we had to replace even one light pole, more less all fourteen at some point. It's just bulbs, ballasts, photo cells, and maybe a globe that would be where our costs are. Same with the trees. To replace one comparable tree runs @$300-400. But would we have to plan to replace all 30?

See, this is what I don't understand about Reserve Studies. I understand more for condo associations, where there are common walls, roofs, buildings, pools, etc. But for a community like ours, 42 single-family homes, enjoying the above, I wonder what a realistic Reserve Study would look like?

Anyway, Davis-Stirling. . . I perused it a while back. My eyes started to glaze over.

Dorothy
TimB4 (Tennessee)
Posts: 21,047
Posted:
Dorthy,

Always look at the original posters State. This is the basis for any references to laws in the responses. Everyone posts based on their own experiences. Therefore, unless they check the laws for the State of the posters questions, the response may be based on the laws of responders State. This is just something all posters need to keep in mind.

As for Reserve Studies, I agree that even though you are exempt, having one done is a good idea. Here is a link to a thread on that topic:

HOATalk thread titled Reserve Studies/Funds 101

Our development is similar to yours in that we have little in the way of structures. However, there are common elements that the reserve study would be based on. Based on your posting, your common area elements would be:

Basketball court
Common Area Fence
Entrance Signs
Street Lights (ours, for a fee, are covered by the Power company)
Sprinkler System
Playgrounds
Park elements (benches, walkways, trashcans, etc.)

Other things to consider:

Sidewalks/Curbs
Roads
landscaping (trees if you are concerned about that)

DorothyO (Washington)
Posts: 293
Posted:
Tim,
Thanks for all the great information. I believe I have that Best Practices piece on Reserve Studies in my Reserve Study file, but if I don't I will!

Yes, I would say trees are a big part of the common area components. Side walks and streets are city-owned, but the street lights are not, so we are responsible for them. The fence between our park and the city park belongs to the city. Your neighborhood sounds a lot like mine. Sweet!

On the Agenda for our annual association meeting in January is Reserve Study/Funds. I want to introduce the association to what a Reserve Study is, the law, and how it affects us. Two years ago I was outvoted by my Board in reducing our dues by $25 once we reached the amount we had set for our "Reserve Funds." One year later we had to buy new park benches to the tune of $1,900, which took us right back down below the level. We don't have a separate Reserve Fund. We just have the one account from which we fund all expenses. What I'd like to do this year is once we explain about what a "real" Reserve Fund is, then try to either raise the dues back up that $25 to keep us at the level we want to stay at, OR, have a Special Assessment to fund a Reserve Study, whichever type seems to fit our needs, based on the Best Practices article you provided, which may provide the realistic support for the increase.

'Tis a tough time to be asking people for more money, but quite frankly, anyone who lives in this neighborhood, where the average house runs from $250,00-$450,000, can afford the $300/yr annual assessments, well, now $275. I also constructed a Community Survey based on the CAI survey, which I hope to distribute at the meeting as well. It should give us a better understanding of what people think about the old' 'hood!

Dorothy
TimB4 (Tennessee)
Posts: 21,047
Posted:
Dorthy,

You can do a reserve study on your own. Many vendors are willing to come out and give opinions on the life expectancy of items the deal with. Granted, a paid study might be more detailed. However, if your meeting resistance, you might want to offer to chair a committee to perform a reserve study.

I did our Associations first one. It took about a year working on it off and on. A lot of the data was based on past expenses showing how often the Association had to do things (pave, seal, replace) and then asking current vendors for quotes or search the net for replacement costs. It certainly wasn't perfect but it was a lot better than nothing and gave us a starting point. As a result of that study, the membership voted to raise assessments by 20% so it could be funded.

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