The Condominium Act, 1998 requires condominium corporations to establish a reserve fund for the purpose of paying for major repairs and replacements of common elements and assets. The reserve fund is an essential component of a condominium corporation's financial management plan and plays a crucial role in ensuring that the condominium's physical assets are maintained and preserved for the benefit of unit owners.
The reserve fund is a separate fund from the operating fund, which is used for the day-to-day management of the condominium corporation. The reserve fund must be established within the first year of the condominium corporation's operation, and the corporation must contribute to the fund annually. The money in the reserve fund is funded by the owners via their common expense fees (there is also an initial contribution during the closing of a pre-construction unit, typically calculated as two months of common expenses). The reserve fund is specifically designated to accumulate funds for the future repair and replacement of the shared condominium elements and assets, such as roofs, windows, elevators, heating and cooling systems, and parking lots.
The reserve fund money is also considered a financial asset of the corporation and may be invested in low-risk vehicles like GICs or government bonds.
The existence of the reserve fund is based on concept that the current owners of a condominium corporation should not be forced to pay for expensive work that the previous owners have put off, but rather that all owners throughout the existence of the corporation contribute.
The reserve fund must have adequate funds available to pay for major condominium repairs and replacement projects when they are needed. When the reserve fund is not sufficient to pay for these expenses, the corporation may have to make up the money by either issuing a special assessment, borrowing, and/or increasing the condominium fees. A special assessment is an additional charge to unit owners on top of their regular common expenses and it is used to cover shortfalls in the reserve fund. Borrowing may involve taking out a loan or line of credit, or issuing bonds or other debt securities. This can be a more costly option, as it involves paying interest and fees, which can increase the overall cost of the repairs or replacements.
The Condominium Act, 1998 requires condominium corporations to conduct a reserve fund study every three years (three levels Class 1, 2 and 3), which is a detailed assessment of the expected costs and timing of major repairs and replacements. The reserve fund study helps the condominium corporation to determine the appropriate level of funding for the reserve fund and to identify any deficiencies or gaps in the fund. The study will also state the minimum balance required to be in the reserve fund at any point. Determining how much money is adequate for a reserve fund depends on a variety of factors, including the age and condition of the condominium's common elements and assets, the expected costs of major repairs and replacements, and the timing of those expenses.
Prior to the first reserve fund study and the implementation of the plan for future funding, it is recommended that the amount that must be contributed to the reserve fund must be about 10% of the operating budget for the condominium corporation.
The reserve fund study will provide a recommendation for the amount of money that should be accumulated in the reserve fund over time to pay for major repairs and replacements. This recommended amount may change over time based on changes in the expected costs of repairs and replacements, changes in the condition of the common elements and assets, and changes in the expected lifespan of those elements.
Proper funding of the reserve fund ensures that the condominium corporation has sufficient funds available to pay for major repairs and replacements, or emergency projects, without having to put them off or rely on special assessments or borrowing. This helps to protect the protect and the investments of all unit owners in the long term.
In conclusion, the reserve fund is an essential component of a condominium corporation's financial management plan and is necessary to ensure the preservation and maintenance of the condominium's physical assets. By planning and budgeting for future major repairs and replacements, the reserve fund helps to spread the costs of these expenses over time and reduces the likelihood of financial hardship for individual unit owners. Condominium unit owners should be aware of their financial obligations with respect to the reserve fund and ensure that the fund is properly funded in accordance with the reserve fund study.
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