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Civil Code 1365

Civil Code 1365.5 Overview

The Board of Directors must conduct a physical Reserve Study every third year when the current replacement cost of the common area components is equal to or greater than one-half of the Association's budget. The Directors should review the study annually to make adjustments. The Directors should review the study annually to make adjustments or contract an outside firm to review the update. Legislation requires that the minimum standards for the content of the Reserve Study include:
  1. Common area components the association is responsible to maintain that have a useful life of less than 30 years.
  2. The expected useful life and remaining life of each component as of the date of the study.
  3. Current and future cost estimates for repair and replacement of each component.
  4. An estimate of the total annual contribution required to fund the repair and replacement of these components after consideration of the existing Association reserves (Amendment to Civil Code 1365.5).

The annual operating budget must have a summary of the reserves to include:

  1. The estimated current and future replacement costs of each component.
  2. The normal and remaining life of each component.
  3. Recommended cash in reserves compared to expected cash in reserves at the fiscal year end.
  4. Percentage of expected cash in reserves compared to recommended cash in reserves (Amendment Civil Code 1365.5).

Use reserve funds for the repair and replacement of the common area components or for expenses connected with construction defect litigation (Amendment Civil Code 1365.5).

 

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