Copy of Reserves, Maintenance & Construction Defects

No Description

PRESENTATION OUTLINE

Reserves, Maintenance & Construction Defects

Overview

  • Types of Communities
  • Fiduciary Duties
  • Reserves
  • Maintenance
  • Liability
  • Defect Issues

Types of Communities

Condominium vs. Planned Community
Photo by LA Wad

Common Property vs. Common Elements

Ownership Interests, Restrictions On Use
Photo by Nelson Minar

Fiduciary Duties

Photo by IslesPunkFan

Sources of Maintenance/Reserve Obligations

  • State Law
  • Declaration
  • Bylaws
  • Plat

RCW REQUIREMENTS

  • Non-condominium associations are “encouraged” to have reserves.
  • Reserve account must be in the name of the association and administered by the board of directors.
  • Amount of reserves is based on reserve study, which must be updated by a visual site inspection every three years by a “reserve study professional.”

RCW REQUIREMENTS CON'T

  • May borrow from reserves, but must have resolution explaining when and how of repayment
  • Reserve study must include: – Component list – Date and statement of compliance with RCW – Level of detail of the reserve study – Association’s reserve balance – Other financial information – Reserve disclosure

Reserve Study

Physical Analysis & Financial Analysis
Photo by jasonpearce

Physical Analysis

  • Component Inventory
  • Condition Assessment
  • Life and Valuation Estimates

Financial Analysis

  • Fund Status
  • Funding Plan

Reserve Levels of Service

  • Full Study
  • Update with Onsite Review
  • Update with no Onsite Review

Contents of a Reserve Study

  • Community Summary
  • Balances, projected expenses
  • Component Inventory
  • Methods Used

Borrowing From Reserves

Unforeseen Expenses, Must Have Resolution
Photo by EJP Photo

Underfunded?

Raise Assessments, Levy Special Assessment, Borrow
Photo by Nrbelex

Maintenance Plans

Photo by pennstatenews

Maintenance Plans

  • Describe maintenance to be conducted
  • Include schedule
  • Address warranties
  • Update as necessary

Liability

Photo by jenny downing

Defect Issues

Common Visual Indicators

  • Water Stains
  • Stucco & Concrete Cracks
  • Unprimed, swollen trim
  • Missing Flashing
  • Improper slope on flatwork

Legal Claims

Photo by gwilmore

Statutes of Limitation

Photo by mikecogh