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The purpose of a replacement reserve fund is to set aside funds
for the replacement - as opposed to the repair - of a community's
common facilities. The replacement fund might be used to replace roofs,
asphalt paving, concrete sidewalks, fencing, swimming pool equipment,
or tennis courts.
Major items that either come with the initial construction, or are
added later, are placed on a replacement reserve schedule. The replacement
schedule is a timetable for accumulating and spending the funds for
replacing major capital assets.
All associations should have a replacement fund. Many are required
to do so by the governing documents and Virginia law. Even if they
are not, the board should fund a replacement account to fulfil its
fiduciary duty. Most major components wear out over time and there
must be funds available to replace them when they do.
To determine the amount needed to be placed into the reserve account,
most commonly, the "pay as you go" method is used. An
alternative for accumulating funds is to have the Association levy
a special assessment on the unit owners to pay for the cost of necessary
repairs or replacement of deteriorated common elements as the elements
are replaced.
The proper method to obtain funds for a replacement reserve is
to determine the costs to replace facilities and materials and annually
set aside funds in advance to cover these costs. This method ensures
that everyone contributes their fair share into the fund. This method
also assures that those who are using the facilities are responsible
for the costs while they are being used.
Costs of replacement can vary greatly due to fluctuation in the
cost of materials, type of replacement materials, status of the
labor market, and cost of contractor overhead at the time the replacement
work is expected to be carried out.
The IRS does not allow (for tax deductions) routine maintenance
items to be included in a Replacement Reserve Fund. However, it
should be noted that such items as painting, power washing, wood
preservative treatment and landscaping have the possibility of being
major expenses and the Association should accumulate funds for them
as well.
In addition, as of July 1, 2002, Virginia law requires associations
to conduct, at least once every five years, a study to determine
the necessity and amount of reserves required to repair, replace
and restore the common elements and to review and adjust the reserve
amounts annually. It must be reviewed annually and the board minutes
should reflect that this is done. |
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