Financial Articles |
Ignoring the
Obvious The natural consequence of this kind of unpopular action is for most boards to dodge and weave, defer and delay. What’s a year or two more going to matter? And, by next year, the directors might be able to sell their units and avoid the unpleasantry altogether. Meanwhile, Rome burns. Deferring maintenance always costs more money and dampens home sales. When your HOA is caught in this kind of quagmire, it’s best to hire a Professional Reserve Analyst (PRA) that can prepare a proper reserve study and the case for urgency. A PRA doesn’t have the political problem that board members do of being neighbors. A PRA can explain the cold hard realities of raising the funds and getting the job done or the dire consequences for failing to do so. A PRA can also recommend material and design upgrades to reduce repair and replacement costs plus interval maintenance that will significantly extend the useful lives of some components. With longer lives, comes reduced owner contributions. One oft overlooked advantage of effective reserve planning is strategic investing of the funds. The study reveals when funds will be needed and thus allows available funds to be invested for longer terms and higher yields. An increase of only 1-2% in investment yield can often lead to hundreds of thousands of dollars in additional interest earnings over the projection period. Every dollar of interest earned is one dollar less of owner contribution. It’s like having someone else pay the freight. One option that HOAs consider to finance urgent repairs is bank loans. When HOAs borrow money, it’s considered a commercial loan and both the rate and loan fees are considerably higher than home loans. These loans are typically short term (five to ten years) and HOA loans require monthly payments just like any other. The lenders require much hoop jumping to get them. There are only a few lenders that will do them at all. There are situations when borrowing money is called for (like unanticipated and hugely expensive urgent repairs) but there’s simply no free lunch and this one comes at a premium price. If certain owners lack the cash to fund an urgent special assessment, it’s much cheaper to get a home equity loan or even draw on a credit card. Home equity loan interest is deductible for this purpose. For a variety of reasons including disability, divorce, retirement and long term unemployment, some HOA members may not be able to fulfill their financial obligations to the HOA. But consider this: shelter is only trumped by food as a life priority. If a member is unable to afford HOA expenses, it may be time for a lifestyle adjustment. The HOA simply cannot fulfill its financial obligations when it plans around or concedes to the weakest link. While this sounds cruel, remember that there is no government bail-out for HOAs. If some don’t pay, the rest must. If the Board can convince all the members to subsidize someone down on their luck, well and good. Otherwise, the Board should press for collection just like the IRS, and the sooner the better. Most members can come up with their share of cash when pressed. For the rest, it may be time for a heart to heart about downsizing. All things wear out sooner or later. A reserve study analyzes those assets that the HOA is responsible for, projects future costs, current funding needs and a schedule for keeping the assets in good repair. The approach is fair to all owners, now and in the future, and ensures repairs are done when needed. Result: happy members with sustainable home values. Ignoring the obvious has obvious pitfalls. Sooner or latter, the inevitable becomes unavoidable. As the saying goes, "If you find yourself in a hole, stop digging." For more, see Reserve Planning. To contact a Professional Reserve Analyst, see www.apra-usa.com. BACK
Three Ws of Reserves However, a reserve study is a moving target. Some of the underlying assumptions in the study change from time to time, like:
No one has control over these elements and those triggered by the Three Ws: Weather, War and Weality (a bit of alliterative license with "reality"). Life in various forms simply happens and can have a dramatic impact on financial forecasts like reserve studies. So, all reserve studies need to be reviewed and revised each and every year to remain accurate. Not all reserve study update factors carry the same financial weight and impact. The skewing of inflation rate and investment yields alone can swing a medium sized reserve fund hundreds of thousands of dollars over a thirty year period. For the most current inflation rate, go to www.inflationdata.com.While none of us can control inflation, maximizing the rate of return on invested reserves is directly in the hands of the board. Where the HOA does its banking is usually not the best place to invest reserves. There are a variety of financial institutions that offer better than average bank rates for CDs. Increasing the yield on reserve funds one or two percent can generate thousands of dollars in interest revenue. For options, see www.bankrate.com When actual reserve related projects take place, they produce actual costs. When, for example, exterior painting is done, those actual costs need to replace the budget figures in the reserve study. When known industry cost changes have taken place, like sealcoating the parking lot is now $.20 per square foot instead of $.15 per square foot, that information should be updated as well. Of general interest, as of January 1, 2006, the State of Oregon requires that a "maintenance plan" be included with all reserve studies and reserve study updates. While loosely defined by statute, the maintenance plan is intended to explain in some degree of detail what is meant by reserve components labeled, for example, "Paint-Exterior". In other words, what scope of work is being performed and who should do it? Maintenance plans for garden variety condos are relatively straight forward while high rise buildings require more of a "maintenance manual" which can be followed by a professional facility manager or building engineer. The State leaves it up to the board to decide what the law means by "appropriate to the size and complexity of the common property". But whether the maintenance plan is brief or voluminous, all Oregon reserve studies must now include one. A reserve study is one the board’s most value tools. Keep it sharp by reviewing and revising it each and every year. BACK Reserve Study Updates It is extremely important that this annual update take place to ensure accuracy. Each year, key elements of the 30 year study change including the inflation rate assumption, the yield on invested funds and the starting balance in reserves. Any reserve related work that is done during the previous year should be reflected in the update as well. If your homeowner association has had a professional reserve study done, make sure it is updated every year. Also, remember include the cost of the reserve study update in your Operating Budget so you won’t overlook doing it every year. If your HOA has not had a reserve study done, put it on the To Do List for the coming year. The reserve study is one of the most indispensable planning tools that every HOA Board should have. Not having one is like steering a ship without a rudder. For more information on the reserve study process and cost, consult with a member of Association of Professional Reserve Analysts. For details, go to www.apra-usa.com BACK Reserve Failure Modes Reserve planning is something that every homeowner association, regardless of size, should do because the HOA is entrusted with very expensive assets that affect member home values. Failure to maintain them causes home values to fall. The "reserve study" breaks down common elements into components and analyzes their current cost of repair or replacement and predicts when that event should take place. Reserve components come in all shapes, sizes and values. They are not all created equal. When something fails, it fails, doesn’t it? Well, sometimes, sometimes not. A constantly leaking roof has clearly failed. But when do you decide that the gold shag carpet in the clubhouse has "failed"? Should replacement of the pool heater be handled differently from the boiler that provides hot water to the entire HOA? In the field of Reserve Studies, there are five general categories of failure modes. Regular. Components in this category are items like siding painting and asphalt seal coating. These components require regular rejuvenation or the homeowner association will face significant related repair or replacement expenses. Watch & Decide. Fencing is a typical component in this category. The gradual approach of failure may be apparent, but the actual failure point may be delayed or accelerated due to weather or maintenance. Replacing selected boards and posts may buy several more years of life than the average. Benign. Components in this category are non-critical components such as pool heaters or clubhouse trash compactors. It is not a problem to stretch out the life and wait until the component fails, because the HOA can survive a few days without the component. Catastrophic. The HOA depends on these components: main hot water boilers, elevators, entry access systems, etc. Failure of these components causes significant expense or disruption and often happens when the repair contractor charges double time. Being proactive and repairing or replacing them before failure is wise. Obsolescence (technological or aesthetic). These components have live longer than they should because even though worn and due for replacement, they still serve an adequate function or are low priority. The gold shag carpet in the clubhouse, the outdated appearance of the elevator interior, and the old single floppy monochrome monitor PC used by the on-site manager are three good examples. Landscaping is another often overlooked item that becomes aesthetically obsolescent. New drought tolerant and pest resistant native species have been developed that not only improve curb appeal, the significantly reduce maintenance and water needs. Ideally, the HOA should fund reserves at a high enough level so that all reserve components are repaired or replaced when due. Member home values suffer when the common elements appear worn or outdated. However, when reserves fall short, decisions must be made. Understanding the different reasons why to replace a component helps that process. Excepts from an article by Robert M. Nordlund, PE, RS. BACK Excuses Excuses Homeowner association members who pay their assessments late or not at all sometimes come up with some interesting excuses. Here are five common ones: Excuse #1: "I didn’t get what I paid for so am withholding payment." Members have a right to require the board to perform its duties but withholding assessments is not the way to do it. The obligation to pay HOA fees has nothing to do with the HOA’s obligations to provide maintenance and service. A member that withholds payment becomes delinquent and should incur all penalties provided for in the HOA’s collection policy. Excuse #2: "You didn’t bill me." The requirement to provide invoices is rarely found in the governing documents, however, HOAs are generally required to send the approved budget to each member annually which should also contains notice of the HOA fees owed. Excuse #3: "The HOA has no right to make me pay for common area upkeep." Actually, the board not only has the right, it has a duty to collect assessments. This authority is established in the governing documents and state statutes. When people buy into a homeowner association, they agree to abide by those documents and that includes paying assessments. Excuse #4: "I never use the recreational facilities and shouldn’t have to pay for them." Admittedly, recreational facilities are expensive to operate and for some HOAs represent a large part of the budget. Nevertheless, the obligation to pay for a common amenity has nothing to do with the level of usage. Many move into an HOA specifically for the recreational amenities. They’re willing to pay for them because they take full advantage of the opportunities they provide. Even if you’re not using some of the amenities, they make the community more desirable and the homes more valuable. Those that don’t use the facilities should consider whether an HOA without amenities might work better. If so, it might be time to move. Excuse #5: "The HOA fees are too high." HOA fees reflect the cost of maintaining the common elements. All have to pay their fair share. If the HOA fees are too high, where can money be saved? The board should be open to ideas on reasonable ways to cut costs. But simply lowering fees because someone wants to pay less is not reasonable. Excuse excuses. Many try to cash them at the Bank of HOA. Like a bum check, the HOA should refuse to accept them. BACK Crystal
Balling It doesn’t take a fortune teller to predict that common elements are going to wear out and it doesn’t take a crystal ball to predict that HOAs are going to need money and a plan to fix them. So why do so many HOAs fail to properly plan for these predictable events and expenses? The truth is that too many HOA boards are busy putting out this year’s financial fires and haven’t the time to think about next year and beyond. Remember, "it’s hard to drain the swamp when you’re up to your behind in alligators". In other words, it’s easy to lose track of long term goals when you get sidetracked by more immediate demands. Putting out fires is what HOAs do, right? The poorly run ones seem to do just that. HOAs are no different than any other business. Those that are successful engage in long range planning. Those that fail to plan fend off disaster after disaster and board members come and go through a revolving door. No real magic here. To know where you are going, you have to have a destination in mind. In spite of bumper sticker wisdom, those that wander really are lost. So back to the HOA scenario. When a homeowner association doesn’t have the funds to handle a major repairs, they defer those repairs until the funds are available. Of course, money doesn’t grow on trees and without a plan to collect more money, band-aiding and deferring become the default reality and slippery slope. How do you steer your HOA back up to high and stable ground? The first step is to review your reserve study. "What’s a reserve study?" you say. A reserve study identifies all common element components that have useful lives between 2 and 30 years like the roof, fences, decks, paint, paving, etc. The average condominium has 15-30 components. The average high rise condo can easily have 100. And HOAs that own golf courses and marinas can have many more. Regardless, a reserve study is customized to the HOA in question. [SIDEBAR: "But our condominium is small", you say (meaning, "why is a reserve study even necessary in our case?") It’s basic math: The more people you have to share the cost, the less the cost per person. Smaller HOAs have a greater need for reserve planning because the cost per person is greater.] After the component list is determined, a current repair or replacement cost must be determined for each as well as the remaining useful life. With this information and the current inflation factor, a funding plan can be made to instruct the board how much money to collect and set aside each year to meet future financial needs. While there is no state or federal requirement, the reserve study should be performed by a professional since evaluating condition of components and establishing useful lives and current pricing takes special training that few boards have. The professionals carrying the highest credential in the industry, the PRA (Professional Reserve Analyst), belong to the Association of Professional Reserve Analysts. A list of members and contact information can be found at www.apra-usa.com Rather than crystal ball your future, get a proper reserve study done and follow the funding and schedule recommendations. Leave the crystal balling to Lady Luck. BACK
FHA Certification Checklist The following checklist will help boards focus on the areas critical to getting FHA certification: HOA Delinquencies. If more than 15% of the units are more than 30 days delinquent, develop an aggressive plan to reduce the delinquency rate. This may include writing off bad debts or offering an amnesty program to encourage payment of past due amounts. Is your budget "adequate"? Does it include line items one would expect for a condominium association? Do revenues cover expenses? Does your budget include a contingency for unexpected expenses? Set aside at least 10% of the annual budget into reserves. While FHA requires only 10%, the average condominium should be reserving at least 25% of the annual budget. The HOA also must have a reserve study completed or updated within the last 12 months. Provide funding either in the Operating Budget or Reserve Study for the HOA’s insurance deductible. Hold adequate insurance, including:
FHA learned from Fannie Mae’s and Freddie Mac’s hard experience that condominiums that do not practice these good business strategies experience more loan defaults. What boards and state statutes failed to do in the past, FHA now effectively controls by way of the loan process. From www.HindmanSanchez.com BACK
The Future is Electric
In July 2010, the California Energy Commission gave Coulomb Technologies a $3.4 million grant to set up 1,600 EV charging stations in Los Angeles, San Francisco, Sacramento and San Jose. Other states and cities will surely follow suit. The availability of these charging stations will increase in direct proportion to the popularity of EV ownership. It is certain that a significant portion of EV charging will occur during night time hours at the vehicle owner's place of residence. No problem for those who have a private garage where minimal conversion of the wiring is all that is needed. But what about those EV owners who don’t have this luxury? Are there options for homeowner associations to provide charging facilities? Coulomb Technologies at www.coulombtech.com offers portable charging stations about the size of a parking meter. Each charging station currently sells for about $2,000. Installation costs will vary depending upon how garages are set up and the extent to which they are already wired for electricity. EV drivers are required to purchase a subscription from Coulomb and get a key fob that activates the charging station when their vehicle is plugged in. A range of subscriptions are available, depending upon the average needs of the EV owner. Drivers have access to their account information online and can receive notifications such as when their charge is low and when their car is charged. The HOA gets 80% of the subscription fees while Coulomb takes the rest for administrative costs. Over time, there should be a return on the investment for the community, so a portion of the return can be reinvested to install more charging stations to meet demand. The remaining questions are how many stations will be necessary to meet demand and how the association and/or owners will pay for the initial purchase and installation costs. These financing details must be worked out based on budget constraints. Plan ahead for a greener future. Once EVs become more common, new companies will undoubtedly compete with Coulomb for the installation of charging stations and may offer more favorable rates. One thing is for sure, the technology is ever-changing and the demand ever increasing. A little foresight and a relatively small investment by HOAs can pay dividends from a financial standpoint help the HOA become more green. by Eric R. McLennan, Esq. BACK
Science & Art of Reserve
Planning A reserve study is both science and art. The science involves accurate costs, measurements and useful lives. The art recognizes the political dynamics of HOAs and the members’ desire to protect their castles. Why Reserve Funds Are Necessary. Owners are sometimes reluctant to contribute to reserve funds because they feel that these funds are an added cost of living. This is not true. Reserves are designed to replace assets as they are being used up. When regular and adequate contributions are made to reserves, they pay for the benefits received by those that got the benefit, not for some stranger in the distant future. Another recent trend is for lenders to require a current reserve study as a condition of approving a buyer purchase or owner refinance loan. Those HOAs that don’t have a reserve study risk getting loans denied. This requirement became painfully evident when it was discovered that HOAs that had adequate reserves had much lower loan default and foreclosure rates than those that didn’t. Other reasons for creating and adequately maintaining a reserve fund include: 1. Fulfills the board’s fiduciary duty
to protect the interests of both current and future members Types of Reserve Studies. There are three categories that describe reserve studies from an exhaustive to minimal level of service. 1. Full Reserve Study includes:
2. Reserve Study Update With Site Inspection. Takes a prior year’s reserve study and reviews component condition and updates the Reserve Fund Starting Balance, rate of return on invested funds, current inflation rate and known cost changes for certain repairs. 3. Reserve Study Update With No Site Inspection. The components are not physically inspected and only financial aspects of the study are updated like the Reserve Fund Starting Balance, rate of return on invested funds, current inflation rate and known cost changes for certain repairs. Component Inventory. The governing documents generally define which components are considered common elements. The most common approach is to include any component that has a useful life of 2 to 30 years. Reserve Funding Methods. There are three funding strategies: 1. Full Funding is designed to attain and maintain the reserves at or near 100 percent every year. If, for example, a roof has a 20 year life and costs $20,000, $1000 should be reserved each year to maintain 100% funding. If the same approach is used on all components, reserves are maintained at 100% each and every year. When this model is used, all members along the 30 year time line pay a fair share of reserve expenses directly related to their time in ownership. 2. Baseline Funding keeps the reserve cash balance above zero at all times. This means that each component is not fully funded and the reserve balance can drop to zero during the projected period. This model is very likely to result in special assessments. 3. Threshold Funding is similar to Baseline Funding but sets a minimum reserve cash balance as the threshold of, say, $50,000, instead of zero. While $50,000 is better than zero, it may also put the HOA is jeopardy of a special assessment. Baseline and Threshold models usually contribute less to reserves than the Full Funding model which ultimately will result in special assessments to fill the shortfall. Planning to fund reserves by special assessments is not recommended because they are unfair to those must pay them and sometimes uncollectible due to individual financial circumstances. Understanding the Reserve Study Itself. The board should only invest in an easy to understand reserve study so that all members "get it". If the board doesn’t understand it, what good is it? Always request a sample report before investing in a new reserve study. It is also strongly recommended that the completed reserve study be distributed to all members since they are entitled to know the recommendations. Since the members are paying the reserves, they are entitled to know the basis for what they are being asked to pay. Who Should Perform the Reserve Study? Performing reserve studies is a specialty that requires special training and experience. The board should only use specialists like those that hold the Professional Reserve Analysts (PRA), the highest credential available in the industry. The PRA credential is awarded by the Association of Professional Reserve Analysts. See www.apra-usa.com for a list of members that carry this credential.Understanding the science and art of reserve study planning will help the board to better carry out its fiduciary duty and help sustain the values of the members’ homes. BACK
Qualifying for 2011 FHA Loans As a quick review, the major criteria that must be met for an existing condominium are as follows:
If your condominium doesn’t meet one or more of these please don’t stop reading. It is expected that there will be discretion with respect to some of the criteria after June 30, 2011. FHA will be issuing a "Condominium Approval Process Guidebook" by that date. The guidebook will provide additional protocol regarding submissions, the approval process and answer many questions regarding some of the existing criteria. While there will probably not be any changes to the basic qualifications, it is expected that:
It is anticipated that the condominium approval process will continue to evolve. The advice is simple – jump in as soon as possible as it won’t get easier to be approved – only harder. With over 40% of all new loans being insured by FHA, your condominium can only benefit by having FHA qualification. By Loura K. Sanchez, Esq. BACK
HOA Tax Filing Homeowner associations have several filing options, each with its own regulations and qualifications, and the ability to alter that status from year to year to their benefit. The two most common filing options to choose from are the "Exempt Method" (Form 1120-H) or the "Corporate Method" (Form 1120). A third and less commonly used method is to file as a nonprofit corporation (Form 990). This filing status can be of great advantage to an HOA though it is much harder to obtain and difficult to change. Form 1120-H. The simplest form to file, it is a mere one page and designed specifically for homeowners associations. The tax rate is 30% and an automatic $100 deductible applies. There are several requirements to use this form:
Form 1120-H works well for HOAs that don’t generate much in the way of taxable income. Many HOAs base their assessments on expected expenses and maintenance, so there is little excess that could be counted as taxable income. This filing status also benefits HOAs that see little change in revenue and expenses from year to year. Money set aside in reserve funds is not taxable although the interest earned on reserves is. Form 1120. Form 1120 is more flexible with the allocation of expenses (no 90% rule), and can save money with a lower tax rate starting at 15% for the first $50,000 of taxable income. It also creates a much more complex calculating scenario. There is a higher risk of an IRS audit. The multiple page form is often best maneuvered by a knowledgeable tax professional. Form 990. This is the least common HOA filing method. Having an accountant wade through the morass of forms and filing of documents can be a costly proposition. The IRS requires evidence that areas such as HOA roadways and parks are open to the public and not just its own members. Non-profit status offers more liability protection to the individual homeowners. Which Form to Pick. Circumstances can make one form worth filing over the other year to year. Much of what determines which form to file depends on whether the HOA has made or lost money in a given year. It pays to have a knowledgeable CPA consider the tax options. Their familiarity with tax laws, restrictions and audit red flags can prove invaluable. How to Save Money. Using accounting software like QuickBooks can make filing cheaper. The better the records, the cheaper the accounting fee. Also, keep in mind that federal taxes should be filed within 75 days of the end of the fiscal year. If necessary, a six month extension can be filed. Estimated taxes must be paid by the original filing deadline in order to avoid penalty and interest. Tax time for your homeowner association can be made a lot easier with a little planning, a little help and a bit of knowledge on tax filing status. By Laura V. Scheel BACK |
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