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Replacement Reserve Law Enacted for Montgomery and Prince George’s Counties

The sudden collapse of the 12-story Champlain Tower South Condominium in Surfside, Florida has focused attention on the need for all condominiums to determine and fund the long- term needs for repair and replacement of structural common components such as roofs, foundations, and walls, as well as the common plumbing, electrical and mechanical systems.

Legislation has been proposed in Maryland the past few years to require all condominiums, HOAs and coops to obtain a reserve study at least every 5 years and to include the recommended annual reserve funding the annual budget.

Although statewide Maryland reserve legislation has not been enacted, state law now requires associations in Prince George’s County and Montgomery County to obtain periodic reserve studies of the common property major structural components and to include the recommended reserve funding in the annual budget of all condominiums, housing cooperatives and homeowner associations in these counties. The new reserve fund requirement has applied in Prince George’s County since October, 2020, and has been extended to apply in Montgomery County beginning in October, 2021.

Reserve Study Requirement. For new communities, the developer-controlled board of directors must obtain a reserve study for the future major repairs and replacements of the common elements at least 30 days before the required turnover meeting to the owners. The replacement reserve funds at turnover from the developer must be at least the reserve funding amount recommended in the reserve study. Similar requirements apply to housing cooperatives and homeowner associations. A further reserve study must be completed within 5 years after the initial study and every 5 years thereafter.

For existing communities in Prince George’s County which have not done a reserve study since October 1, 2016, a reserve study must be completed by October 1, 2021. In Montgomery County, if a reserve study has not been done since October 1, 2017, a reserve study must be completed by October 1, 2022. Where a more recent study has been done since those dates, the new reserve study must be completed within 5 years of the most recent study and every 5 years thereafter.

Reserve Study Information. Each reserve study must be prepared by a person who meets certain experience or education requirements and must:

  1. identify each structural, mechanical, electrical, and plumbing component of the common elements and any other components that are the responsibility of the association to repair and replace;

  2. state the normal useful life and estimated remaining useful life of each identified component;

  3. state the estimated cost of repair or replacement of each identified component; and

  4. state the estimated annual reserve amount necessary to accomplish an identified future repair or replacement.

 

Reserve Repair Funds. The new law also requires that the reserve study be reviewed by the board of directors in connection with the annual budget; and be summarized for submission with the annual proposed budget sent to the owners. Most importantly, the funding amount recommended in the most recent reserve study must be included in the annual budget. To ensure that the necessary repair and replacement reserve funds are included in owner assessments based on the annual budget, the new reserve law authorizes the board of directors to increase the assessment levied to cover the required reserve funding amount regardless of any provision in the association declaration, bylaws or articles of incorporation which restricts assessment increases or capping the assessment that may be levied in a fiscal year.

Although the Maryland reserve study and funding law applies only in Montgomery County and Prince George’s County, the standards in this statute provide guidance to condos, HOAs, and housing coops throughout Maryland and other states which do not have mandatory reserve study and funding requirements.



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