In recent years, reserve funding has become a major topic of discussion throughout Florida community associations. As media coverage and legislative changes have focused heavily on condominium reserves, many homeowners' association board members and managers have begun asking whether reserve requirements apply to an HOA. In most cases, the answer is no. While condominium associations have been subject to significant changes in reserve funding requirements, homeowners' associations operate under a different statutory framework. What Are Reserve Funds? Reserve funds are monies set aside for the future repair, replacement, or major maintenance of association-owned assets such as: Private roadsClubhousesSwimming poolsEntry monuments and signageFencing and gatesIrrigation systemsStormwater infrastructureRecreational facilities The purpose of reserves is simple: collect funds gradually over time so the association is prepared when major expenditures arise. Without adequate reserves, associations often face the prospect of significant special assessments when common area components reach the end of their useful life. Are Reserves Required for Florida HOAs? One of the most common misconceptions is that every HOA must maintain reserve accounts. Florida law does not impose the same broad reserve funding requirements on homeowners' associations that currently exist for many condominium associations. Instead, whether reserves are required often depends on the association's governing documents and the manner in which reserves have been established by the association. Understanding Statutory vs. Non-Statutory Reserves Statutory Reserves Statutory reserves generally arise when the Members have voted affirmatively to adopt reserves. Once statutory reserves exist, certain procedural requirements may apply regarding funding levels, reserve calculations, and the ability to waive or reduce reserve contributions. Boards should understand that statutory reserve funds are not simply extra operating funds. They are generally intended for specific reserve purposes and may require membership involvement before funding levels are altered. Non-Statutory Reserves Non-statutory reserves are reserve accounts created by the association outside the statutory framework. These reserves are often established as part of sound financial planning and may provide greater flexibility regarding funding and use, depending upon the association's governing documents and adopted policies. Non-statutory reserves are subject only to such restrictions as are contained in the Association governing documents. Reserve Funding...


