55-79.83:1 - Reserves for capital components
§ 55-79.83:1. Reserves for capital components.
A. Except to the extent otherwise provided in the condominium instruments andunless the condominium instruments impose more stringent requirements, theexecutive organ shall:
1. Conduct at least once every five years a study to determine the necessityand amount of reserves required to repair, replace and restore the capitalcomponents;
2. Review the results of that study at least annually to determine ifreserves are sufficient; and
3. Make any adjustments the executive organ deems necessary to maintainreserves, as appropriate.
B. To the extent that the reserve study conducted in accordance with thissection indicates a need to budget for reserves, the unit owners' associationbudget shall include, without limitations:
1. The current estimated replacement cost, estimated remaining life andestimated useful life of the capital components;
2. As of the beginning of the fiscal year for which the budget is prepared,the current amount of accumulated cash reserves set aside, to repair, replaceor restore the capital components and the amount of the expected contributionto the reserve fund for that fiscal year; and
3. A general statement describing the procedures used for the estimation andaccumulation of cash reserves pursuant to this section and the extent towhich the unit owners' association is funding its reserve obligationsconsistent with the study currently in effect.
(2002, c. 459.)