Maryland 2025 Regular Session

Maryland Senate Bill SB63 Latest Draft

Bill / Engrossed Version Filed 03/12/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0063*  
  
SENATE BILL 63 
N1, C1   	5lr1630 
SB 1157/24 – JPR 	(PRE–FILED) 	CF HB 292 
By: Senator Muse 
Requested: November 1, 2024 
Introduced and read first time: January 8, 2025 
Assigned to: Judicial Proceedings 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 23, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Cooperative Housing Corporations, Condominiums, and Homeowners 2 
Associations – Funding of Reserve Accounts and Preparation of Funding Plans 3 
 
FOR the purpose of requiring that the annual budget of a cooperative housing corporation, 4 
a residential condominium, or a homeowners association include certain funds; 5 
requiring that certain funds for the reserve account of a cooperative housing 6 
corporation, a residential condominium, or a homeowners association be deposited 7 
by a certain day each fiscal year; extending the amount of time after an initial 8 
reserve study that a cooperative housing corporation, a residential condominium, or 9 
a homeowners association has to obtain a certain recommended reserve funding 10 
level; authorizing a cooperative housing corporation, a residential condominium, or 11 
a homeowners association to reasonably deviate from certain reserve funding 12 
requirements following a certain financial hardship determination by the governing 13 
body; requiring that certain updated reserve studies be prepared by a certain person; 14 
requiring the governing body of a cooperative housing corporation, a residential 15 
condominium, or a homeowners association to review the reserves and the most 16 
recent reserve study or updated reserve study annually for accuracy to determine 17 
whether there is adequate funding in accordance with a certain funding plan; 18 
altering the definition of “reserve study” to provide that the governing body of a 19 
cooperative housing corporation, a residential condominium, or a homeowners 20 
association may determine a minimum cost of repair or replacement for components, 21 
subject to certain restrictions; requiring the governing body of a cooperative housing 22 
corporation, a residential condominium, or a homeowners association to prepare a 23 
certain funding plan subject to certain requirements; altering a certain provision of 24  2 	SENATE BILL 63  
 
 
law relating to component costs and the application of certain reserve study 1 
requirements to a homeowners association; and generally relating to the funding of 2 
reserve accounts, reserve studies, and annual budgets of cooperative housing 3 
corporations, condominiums, and homeowners associations.  4 
 
BY repealing and reenacting, with amendments, 5 
 Article – Corporations and Associations 6 
Section 5–6B–26.1 7 
 Annotated Code of Maryland 8 
 (2014 Replacement Volume and 2024 Supplement) 9 
 
BY repealing and reenacting, without amendments, 10 
 Article – Real Property 11 
 Section 11–109.2(b) and 11B–112.2(c) 12 
 Annotated Code of Maryland 13 
 (2023 Replacement Volume and 2024 Supplement)  14 
 
BY repealing and reenacting, with amendments, 15 
 Article – Real Property 16 
Section 11–109.2(b) and (c) 11–109.2(c), 11–109.4, 11B–112.2(c) and (d)  17 
11B–112.2(d), and 11B–112.3 18 
 Annotated Code of Maryland 19 
 (2023 Replacement Volume and 2024 Supplement) 20 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 
That the Laws of Maryland read as follows: 22 
 
Article – Corporations and Associations 23 
 
5–6B–26.1. 24 
 
 (a) (1) In this section[, “reserve] THE FOLLOWING WORDS HAVE THE 25 
MEANINGS INDICATED . 26 
 
 (2) “RESERVE study” means a study of the reserves required for future 27 
major repairs and replacement of the common elements of a cooperative housing 28 
corporation that: 29 
 
 [(1)] (I) [Identifies] USING AN ITEMIZED LIS T, CLEARLY IDENTIFIES 30 
each structural, mechanical, electrical, and plumbing component of the common elements 31 
and any other components that are: 32 
 
 1. ARE the responsibility of the cooperative housing 33 
corporation to repair and replace; AND 34 
   	SENATE BILL 63 	3 
 
 
 2. IF APPLICABLE, MEET A MINIMUM COST OF REPAIR 1 
OR REPLACEMENT , AS DETERMINED BY THE GOVERNING BODY , THAT IS:  2 
 
 A. REASONABLY BASED ON T HE EXPENSES OF THE 3 
COOPERATIVE HOUSING CORPORATION ; AND 4 
 
 B. NOT A MINOR EXPENSE T HAT IS OTHERWISE 5 
ADDRESSED BY THE BUDGET OF THE COOPER ATIVE HOUSING CORPOR ATION;  6 
 
 [(2)] (II) States the normal useful life and the estimated remaining useful 7 
life of each identified component; 8 
 
 [(3)] (III) States the estimated cost of repair or replacement of each 9 
identified component; [and] 10 
 
 [(4)] (IV) States the estimated annual reserve amount necessary to 11 
accomplish any identified future repair or replacement; AND 12 
 
 (V) STATES THE SQUARE FOOTAGE QUANTITY OR SIZE OF EACH 13 
IDENTIFIED COMPONENT USING THE APPROPRIAT E MEASUREMENT , SUCH AS UNIT 14 
AMOUNT, SQUARE FOOTAGE , OR CUBIC FEET. 15 
 
 (3) “UPDATED RESERVE STUDY ” MEANS, FOR THE COMMON 16 
ELEMENTS SINCE THE P RIOR RESERVE STUDY W AS COMPLETED WITHIN THE 17 
PREVIOUS 5 YEARS, A STUDY THAT: 18 
 
 (I) ANALYZES ANY WORK PER FORMED; 19 
 
 (II) REVISES REPLACEMENT COST , REMAINING LIFE , AND 20 
USEFUL LIFE ESTIMATE S; AND 21 
 
 (III) IDENTIFIES:  22 
 
 1. (II)  WORK ANALYZES WORK PERFORMED AND 23 
AMOUNTS SPENT ; AND 24 
 
 2. (III) WHETHER IDENTIFIES WHETHER ANY 25 
MAINTENANCE CONTRACT S ARE IN PLACE. 26 
 
 (b) (1) This subsection applies only to a cooperative housing corporation 27 
established in: 28 
 
 (i) Prince George’s County on or after October 1, 2020; 29 
 
 (ii) Montgomery County on or after October 1, 2021; or 30  4 	SENATE BILL 63  
 
 
 
 (iii) Any county other than Prince George’s County or Montgomery 1 
County on or after October 1, 2022. 2 
 
 (2) The governing body of the cooperative housing corporation shall have 3 
an independent reserve study completed not less than 30 calendar days before the first 4 
meeting of the cooperative housing corporation at which the members other than the owner 5 
have a majority of votes in the cooperative housing corporation. 6 
 
 (3) The governing body shall have an updated reserve study completed 7 
within 5 years after the date of the initial reserve study conducted under paragraph (2) of 8 
this subsection, which shall be updated at least every 5 years thereafter. 9 
 
 (c) (1) (i) This paragraph applies only to a cooperative housing corporation 10 
established in Prince George’s County before October 1, 2020. 11 
 
 (ii) If the governing body of a cooperative housing corporation has 12 
had a reserve study conducted on or after October 1, 2016, the governing body shall have 13 
an updated reserve study conducted within 5 years after the date of that reserve study and 14 
at least every 5 years thereafter. 15 
 
 (iii) If the governing body of a cooperative housing corporation has 16 
not had a reserve study conducted on or after October 1, 2016, the governing body shall 17 
have a reserve study conducted on or before October 1, 2021, and an updated reserve study 18 
at least every 5 years thereafter. 19 
 
 (2) (i) This paragraph applies only to a cooperative housing corporation 20 
established in Montgomery County before October 1, 2021. 21 
 
 (ii) If the governing body of a cooperative housing corporation has 22 
had a reserve study conducted on or after October 1, 2017, the governing body shall have 23 
an updated reserve study conducted within 5 years after the date of that reserve study and 24 
at least every 5 years thereafter. 25 
 
 (iii) If the governing body of a cooperative housing corporation has 26 
not had a reserve study conducted on or after October 1, 2017, the governing body shall 27 
have a reserve study conducted on or before October 1, 2022, and an updated reserve study 28 
at least every 5 years thereafter. 29 
 
 (3) (i) This paragraph applies to a cooperative housing corporation 30 
established in any county other than Prince George’s County or Montgomery County before 31 
October 1, 2022. 32 
 
 (ii) If the governing body of a cooperative housing corporation has 33 
had a reserve study conducted on or after October 1, 2018, the governing body shall have 34 
an updated reserve study conducted within 5 years after the date of that reserve study and 35 
at least every 5 years thereafter. 36   	SENATE BILL 63 	5 
 
 
 
 (iii) If the governing body of a cooperative housing corporation has 1 
not had a reserve study conducted on or after October 1, 2018, the governing body shall 2 
have a reserve study conducted on or before October 1, 2023, and an updated reserve study 3 
at least every 5 years thereafter. 4 
 
 (d) Each reserve study AND UPDATED RESERVE STUDY required under this 5 
section shall: 6 
 
 (1) Be prepared by a person who: 7 
 
 (i) Has prepared at least 30 reserve studies within the prior 3 8 
calendar years; 9 
 
 (ii) Has participated in the preparation of at least 30 reserve studies 10 
within the prior 3 calendar years while employed by a firm that prepares reserve studies; 11 
 
 (iii) Holds a current license from the State Board of Architects or the 12 
State Board for Professional Engineers; or 13 
 
 (iv) Is currently designated as a reserve specialist by the Community 14 
Association Institute or as a professional reserve analyst by the Association of Professional 15 
Reserve Analysts; 16 
 
 (2) Be available for inspection and copying by any unit owner; 17 
 
 (3) Be reviewed by the governing body of the cooperative housing 18 
corporation in connection with the preparation of the annual proposed budget; and 19 
 
 (4) Be summarized for submission with the annual proposed budget to the 20 
unit owners. 21 
 
 (e) To the extent that a reserve study conducted in accordance with this section 22 
indicates a need to budget for reserves, the budget shall include: 23 
 
 (1) For the capital components, the current estimated: 24 
 
 (i) Replacement cost IF THE ESTIMATED REP LACEMENT COST IS 25 
GREATER THAN $10,000 AS DETERMINED BY THE MOST RECENT RESERVE STUDY OR 26 
UPDATED RESERVE STUD Y; 27 
 
 (ii) Remaining life; and 28 
 
 (iii) Useful life; 29 
 
 (2) The amount of accumulated cash reserves set aside for the repair, 30 
replacement, or restoration of capital components as of the beginning of the fiscal year in 31  6 	SENATE BILL 63  
 
 
which the reserve study is conducted and the amount of the expected contribution to the 1 
reserve fund for the fiscal year; 2 
 
 (3) A statement describing the procedures used for estimation and 3 
accumulation of cash reserves in accordance with this section; and 4 
 
 (4) A statement of the amount of reserves recommended in the study and 5 
the amount of current cash for replacement reserves.  6 
 
 (f) (1) (i) 1. Subject to PARAGRAPH (2) OF THIS SUBSECTION A ND 7 
subparagraph (ii) of this paragraph, the governing body of a cooperative housing 8 
corporation shall [provide] DEPOSIT funds to the reserve ACCOUNT in accordance with the 9 
most recent reserve study OR UPDATED RESERVE S TUDY AND THE FUNDING PLAN 10 
REQUIRED UNDER SUBSE CTION (G) OF THIS SECTION ON OR BEFORE THE LAS T DAY 11 
OF EACH FISCA L YEAR and shall review the RESERVES AND THE MOS T RECENT 12 
RESERVE STUDY OR UPD ATED reserve study annually for accuracy TO DETERMINE 13 
WHETHER THERE IS ADE QUATE FUNDING IN ACC ORDANCE WITH THE FUN DING PLAN 14 
REQUIRED UNDER SUBSE CTION (G) OF THIS SECTION . 15 
 
 2. THE ANNUAL REVIEW OF THE RESERVE STUDY FOR 16 
ACCURACY UNDER SUBSUBPARAGRAP H 1 OF THIS SUBPARAGRAPH DOES NOT 17 
REQUIRE A RESERVE ST UDY OR UPDATED RESERVE S TUDY IN ADDITION TO THE 18 
RESERVE STUDY REQUIR EMENTS UNDER SUBSECT IONS (B) AND (C) OF THIS 19 
SECTION. 20 
 
 (ii) If SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF the 21 
most recent reserve study was an initial reserve study, the governing body shall, within [3] 22 
5 fiscal years following the fiscal year in which the initial reserve study was completed, 23 
attain the annual reserve funding level recommended in the initial reserve study IN 24 
ACCORDANCE WITH THE FUNDING PLAN UNDER S UBSECTION (G) OF THIS SECTION . 25 
 
 (2) (I) THE GOVERNING BODY OF A COOPERATIVE HOUSIN G 26 
CORPORATION MAY DETE RMINE BY A TWO –THIRDS MAJORITY VOTE THAT THE 27 
COOPERATIVE HOUSING CORPORATION AND THE MEMBERS ARE EXPERIEN CING A 28 
FINANCIAL HARDSHIP T HAT LIMITS THE ABILI TY TO FUND RESERVES THAT ARE 29 
REQUIRED UNDER PARAG RAPH (1)(I) OR (II) OF THIS SUBSECTION . 30 
 
 (II) SUBJECT TO SUBPARAGRA PHS (III) THROUGH (V) OF THIS 31 
PARAGRAPH , IF A GOVERNING BODY 	MAKES A FINANCIAL HA RDSHIP 32 
DETERMINATION BASED ON THE RESERVE FUNDI NG REQUIREMENTS OF 33 
PARAGRAPH (1)(I) OR (II) OF THIS SUBSECTION : 34 
 
 1. THE COOPERATIVE HOUSI NG CORPORATION MAY 35 
REASONABLY DEVIATE F ROM THAT RESERVE FUN DING REQUIREMENT ; AND 36 
   	SENATE BILL 63 	7 
 
 
 2. THE FUNDING LEVEL UND ER THAT REQUIREMENT 1 
SHALL BE AT LEAST TH E FUNDING AMOUNT NEC ESSARY FOR THE PURPO SES 2 
SPECIFIED UNDER SUBS ECTION (G)(3) OF THIS SECTION. 3 
 
 (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 4 
THIS SUBPARAGRAPH , A COOPERATIVE HOUSIN G CORPORATION MAY NO T DEVIATE 5 
FROM THE RESERVE FUN DING REQUIREMENTS OF PARAGRAPH (1)(I) OR (II) OF THIS 6 
SUBSECTION FOR A PER IOD OF MORE THAN 1 FISCAL YEAR FOLLOWIN G THE 7 
FINANCIAL HARDSHIP D ETERMINATION . 8 
 
 2. THE GOVERNI NG BODY MAY RENEW A FINANCIAL 9 
HARDSHIP DETERMINATI ON UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH BY A 10 
TWO–THIRDS MAJORITY VOTE TO EXTEND THE PERIOD THAT A COOPERATIVE 11 
HOUSING CORPORATION MAY DEVIATE FROM THE RESERVE FUNDING 12 
REQUIREMENT BY 1 FISCAL YEAR FOLLOW ING THE RENEWAL . 13 
 
 (IV) THE GOVERNING BODY SH ALL:  14 
 
 1. MAKE GOOD FAITH EFFOR TS TO RESOLVE THE 15 
FINANCIAL HARDSHIP A ND RESUME FUNDING RE SERVES AS REQUIRED U NDER 16 
PARAGRAPH (1)(I) OR (II) OF THIS SUBSECTION ; 17 
 
 2. MAINTAIN DETAILED DOC UMENTATION OF THE GOOD 18 
FAITH EFFORTS MADE U NDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 19 
 
 3. TREAT THE DOCUMENTS U NDER ITEM 2 OF THIS 20 
SUBPARAGRAPH AS RECO RDS FOR EXAMINATION AND COPYING UNDER § 5–6B–26 21 
OF THIS SUBTITLE. 22 
 
 (V) 1. ALL MEMBERS SHALL BE GIVEN REASONABLE NOT ICE 23 
IN ADVANCE OF A VOTE ON AN INITIAL OR A R ENEWAL OF A FINANCIA L HARDSHIP 24 
DETERMINATION UNDER THIS PARAGRAPH . 25 
 
 2. A VOTE ON AN INITIAL O R A RENEWAL OF A FIN ANCIAL 26 
HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH MAY BE TAKEN ONL Y AT A 27 
REGULAR OR SPECIAL M EETING OF THE COOPERATIVE HOUSING CORPORATION . 28 
 
 (3) The governing body of a cooperative housing corporation has the 29 
authority to increase an assessment levied to cover the reserve funding amount required 30 
under this section, notwithstanding any provision of the articles of incorporation, bylaws, 31 
or proprietary lease restricting assessment increases or capping the assessment that may 32 
be levied in a fiscal year. 33 
  8 	SENATE BILL 63  
 
 
 (G) (1) THE GOVERNING BODY OF A COOPERATIVE HOUSIN G 1 
CORPORATION SHALL , IN CONSULTATION WITH A PERSON IDENTIFIED UNDER 2 
SUBSECTION (D)(1) OF THIS SECTION , DEVELOP A FUNDING PL AN TO DETERMINE 3 
HOW TO FULLY FUND THE RESERVES NE CESSARY UNDER THIS S ECTION. 4 
 
 (2) IN DEVELOPING THE FUN DING PLAN UNDER THIS SUBSECTION, 5 
THE GOVERNING BODY S HALL CONSIDER SELECT ONE OF THE FOLLOWING 6 
METHODS TO ACHIEVE T HE RESERVE FUNDING U NDER THIS SECTION : 7 
 
 (I) THE COMPONENT OR FULL FUNDING METHOD; 8 
 
 (II) THE CASH FLOW METHOD ; 9 
 
 (III) THE BASELINE FUNDING METHOD; 10 
 
 (IV) THE THRESHOLD CASH FL OW METHOD ; AND OR 11 
 
 (V) OTHER FUNDING METHODS ACCEPT ED BY ANY OTHER 12 
FUNDING METHOD CONSI STENT WITH GENERALLY ACCEPTED A CCOUNTING 13 
PRINCIPLES. 14 
 
 (3) A FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION SHALL 15 
PRIORITIZE ADEQUATE AMOUNTS FOR REPAIR A ND REPLACEMENT OF CO MMON 16 
ELEMENTS OF THE COOP ERATIVE HOUSING CORPOR ATION THAT ARE NECES SARY 17 
FOR: 18 
 
 (I) THE HEALTH, SAFETY, AND WELL–BEING OF THE MEMBERS 19 
OCCUPANTS; 20 
 
 (II) ENSURING STRUCTURAL I NTEGRITY, SUCH AS ROOFING 21 
REPLACEMENTS AND MAI NTAINING STRUCTURAL SYSTEMS; AND 22 
 
 (III) ESSENTIAL FUNCTIONING , SUCH AS PLUMBING , SEWER, 23 
HEATING, COOLING, AND ELECTRICAL INFRA STRUCTURE; AND 24 
 
 (IV) ANY OTHER ESSENTIAL O R CRITICAL PURPOSE , AS 25 
DETERMINED BY THE GO VERNING BODY . 26 
 
 (4) RESERVES MAY NOT BE U SED FOR PURPOSES OTH ER THAN THOSE 27 
SPECIFIED IN THE FUNDING PLAN . 28 
 
 (4) RESERVES MAY BE USED FOR PURPOSES OTHER T HAN THOSE 29 
SPECIFIED IN THE FUN DING PLAN IF THE FUN DS ARE REPAID TO THE RESERVE FUND 30 
WITHIN 5 YEARS AFTER THEIR US E.  31   	SENATE BILL 63 	9 
 
 
 
 (5) A GOVERNING BODY SHALL REVIEW PROGRESS TOWA RD 1 
COMPLIANCE WITH THE FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION AT 2 
EACH ANNUAL MEETING OF THE GOVERNING BOD Y.  3 
 
Article – Real Property 4 
 
11–109.2. 5 
 
 (b) The annual budget shall provide for at least the following items: 6 
 
 (1) Income; 7 
 
 (2) Administration; 8 
 
 (3) Maintenance; 9 
 
 (4) Utilities; 10 
 
 (5) General expenses; 11 
 
 (6) Reserves, INCLUDING REPLACEMEN T COSTS IF THE ESTIM ATED 12 
REPLACEMENT COST IS GREATER THAN $10,000 AS DETERMINED BY THE MOST 13 
RECENT RESERVE STUDY OR UPDATED RESERVE S TUDY; and 14 
 
 (7) Capital items.  15 
 
 (c) (1) Subject to paragraph (2) PARAGRAPHS (2) AND (3) of this subsection 16 
AND IN ACCORDANCE WI TH THE FUNDING PLAN UNDER § 11–109.4(F) OF THIS TITLE, 17 
the reserves provided for in the annual budget under subsection (b) of this section for a 18 
residential condominium shall [be]: 19 
 
 (I) BE the funding amount recommended in the most recent reserve 20 
study OR UPDATED RESERVE S TUDY completed under § 11–109.4 of this title; AND 21 
 
 (II) BE DEPOSITED IN THE R ESERVE ACCOUNT ON OR BEFORE 22 
THE LAST DAY OF EACH FISCAL YEAR. 23 
 
 (2) If SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IF the most 24 
recent reserve study was an initial reserve study, the governing body shall, within [3] 5 25 
fiscal years following the fiscal year in which the initial reserve study was completed, attain 26 
the annual reserve funding level recommended in the initial reserve study IN 27 
ACCORDANCE WITH THE FUNDING PLAN UNDER § 11–109.4(F) OF THIS TITLE. 28 
  10 	SENATE BILL 63  
 
 
 (3) (I) THE GOVERNING BODY OF A RESIDENTIAL CONDOM INIUM 1 
MAY DETERMINE BY A T WO–THIRDS MAJORITY VOTE THAT THE CONDOMINIUM AND 2 
THE UNIT OWNERS ARE EXPERIENCING A FINAN CIAL HARDSHIP THAT L IMITS THE 3 
ABILITY TO FUND RESE RVES THAT ARE REQUIR ED UNDER PARAGRAPH (1) OR (2) OF 4 
THIS SUBSECTION . 5 
 
 (II) SUBJECT TO SUBPARAGRA PHS (III) THROUGH (V) OF THIS 6 
PARAGRAPH , IF A GOVE RNING BODY MAKES A F	INANCIAL HARDSHIP 7 
DETERMINATION BASED ON THE RESERVE FUNDI NG REQUIREMENTS OF 8 
PARAGRAPH (1) OR (2) OF THIS SUBSECTION : 9 
 
 1. THE CONDOMINIUM MAY R EASONABLY DEVIATE 10 
FROM THAT RESERVE FU NDING REQUIREMENT ; AND 11 
 
 2. THE FUNDING LEVEL UN DER THAT REQUIREMENT 12 
SHALL BE AT LEAST TH E FUNDING AMOUNT NEC ESSARY FOR THE PURPO SES 13 
SPECIFIED UNDER § 11–109.4(F)(3) OF THIS TITLE. 14 
 
 (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 15 
THIS SUBPARAGRAPH , A RESIDENTIAL CONDOM INIUM MAY NOT DEVIAT E FROM THE 16 
RESERVE FUNDING REQU IREMENTS OF PARAGRAP H (1) OR (2) OF THIS SUBSECTION 17 
FOR A PERIOD OF MORE THAN 1 FISCAL YEAR FOLLOWIN G THE FINANCIAL 18 
HARDSHIP DETERMINATI ON. 19 
 
 2. THE GOVERNING BODY MA Y RENEW A FINANCIAL 20 
HARDSHIP DETERMINATI ON UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH BY A 21 
TWO–THIRDS MAJORITY VOTE TO EXTEND THE PERIOD THAT A RESIDENTIAL 22 
CONDOMINIUM MAY DEVI ATE FROM THE RESERVE FUNDING REQUIREMENT BY 1 23 
FISCAL YEAR FOLLOWIN G THE RENEWAL . 24 
 
 (IV) THE GOVERNING BODY SH ALL:  25 
 
 1. MAKE GOOD FAITH EFFORTS TO RESOLVE T HE 26 
FINANCIAL HARDSHIP A ND RESUME FUNDING RE SERVES AS REQUIRED U NDER 27 
PARAGRAPH (1) OR (2) OF THIS SUBSECTION ; 28 
 
 2. MAINTAIN DETAILED DOC UMENTATION OF THE GO OD 29 
FAITH EFFORTS MADE U NDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 30 
 
 3. TREAT THE DOCUMENTS UNDER ITEM 2 OF THIS 31 
SUBPARAGRAPH AS RECO RDS AVAILABLE FOR EX AMINATION AND COPYIN G UNDER 32 
§ 11–116 OF THIS TITLE. 33 
   	SENATE BILL 63 	11 
 
 
 (V) 1. ALL UNIT OWNERS SHALL BE GIVEN REASONABLE 1 
NOTICE IN ADVANCE OF A VOTE ON AN INITIAL OR A RENEWAL OF A FI NANCIAL 2 
HARDSHIP DETERMINATION UNDER THIS PARAGRAPH . 3 
 
 2. A VOTE ON AN INITIAL O R A RENEWAL OF A FIN ANCIAL 4 
HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH MAY BE TAKEN ONL Y AT A 5 
REGULAR OR SPECIAL M EETING OF THE CONDOM INIUM. 6 
 
 (4) (I) A THE GOVERNING BODY OF A RESIDENTIAL CONDOMIN IUM 7 
SHALL ANNUALLY REVIEW THE RESERVE STUDY ANNUAL LY FOR ACCURACY 8 
RESERVES AND THE MOS T RECENT RESERVE STU DY OR UPDATED RESERV E STUDY 9 
TO DETERMINE WHETHER THERE IS ADEQUATE FU NDING IN ACCORDANCE WITH THE 10 
FUNDING PLAN REQUIRE D UNDER § 11–109.4(F) OF THIS TITLE. 11 
 
 (II) THE ANNUAL REVIEW OF THE RESERVE STUDY FOR 12 
ACCURACY UNDER THIS PARAGRAPH DOES NOT REQUIRE A R ESERVE STUDY OR 13 
UPDATED RESERVE STUD Y IN ADDITION TO THE RESERVE STUDY REQUIR EMENTS 14 
UNDER § 11–109.4 OF THIS TITLE. 15 
 
11–109.4. 16 
 
 (a) (1) In this section[, “reserve] THE FOLLOWING WORDS HAVE THE 17 
MEANINGS INDICATED . 18 
 
 (2) “RESERVE study” means a study of the reserves required for future 19 
major repairs and replacement of the common elements of a condominium that: 20 
 
 [(1)] (I) [Identifies] USING AN ITEMIZED LIS T, IDENTIFIES each 21 
structural, mechanical, electrical, and plumbing component of the common elements and 22 
any other components that are: 23 
 
 1. ARE the responsibility of the council of unit owners to 24 
repair and replace; AND 25 
 
 2. IF APPLICABLE, MEET A MINIMUM COST OF REPAIR 26 
OR REPLACEMENT , AS DETERMINED BY THE GOVERNING BODY , THAT IS:  27 
 
 A. REASONABLY BASED ON T HE EXPENSES OF THE 28 
CONDOMINIUM ; AND 29 
 
 B. NOT A MINOR EXPENSE T HAT IS OTHERWISE 30 
ADDRESSED BY THE BUD GET OF THE CONDOMINIUM ;  31 
 
  12 	SENATE BILL 63  
 
 
 [(2)] (II) States the normal useful life and the estimated remaining useful 1 
life of each identified component; 2 
 
 [(3)] (III) States the estimated cost of repair or replacement of each 3 
identified component; [and] 4 
 
 [(4)] (IV) States the estimated annual reserve amount necessary to 5 
accomplish any identified future repair or replacement; AND 6 
 
 (V) STATES THE SQUARE FOOTAGE QUANTITY OR SIZE OF EACH 7 
IDENTIFIED COMPONENT USING THE APPROPRIAT E MEASUREMENT , SUCH AS UNIT 8 
AMOUNT, SQUARE FOOT AGE, OR CUBIC FEET. 9 
 
 (3) “UPDATED RESERVE STUDY ” MEANS, FOR THE COMMON 10 
ELEMENTS SINCE THE P RIOR RESERVE STUDY W AS COMPLETED WITHIN THE 11 
PREVIOUS 5 YEARS, A STUDY THAT: 12 
 
 (I) ANALYZES ANY WORK PER FORMED; 13 
 
 (II) REVISES REPLACEMENT C OST, REMAINING LIFE , AND 14 
USEFUL LIFE ESTIMATE S; AND 15 
 
 (III) IDENTIFIES:  16 
 
 1. (II)  WORK ANALYZES WORK PERFORMED AND 17 
AMOUNTS SPENT ; AND 18 
 
 2. (III) WHETHER IDENTIFIES WHETHER ANY 19 
MAINTENANCE CONTRACT S ARE IN PLACE. 20 
 
 (b) This section applies only to a residential condominium. 21 
 
 (c) (1) This subsection applies only to a condominium established in: 22 
 
 (i) Prince George’s County on or after October 1, 2020; 23 
 
 (ii) Montgomery County on or after October 1, 2021; or 24 
 
 (iii) Any county other than Prince George’s County or Montgomery 25 
County on or after October 1, 2022. 26 
 
 (2) The governing body of the condominium shall have an independent 27 
reserve study completed not less than 30 calendar days before the meeting of the council of 28 
unit owners required under § 11–109(c)(16) of this title. 29 
   	SENATE BILL 63 	13 
 
 
 (3) The governing body shall have an updated reserve study completed 1 
within 5 years after the date of the initial reserve study conducted under paragraph (2) of 2 
this subsection and at least every 5 years thereafter. 3 
 
 (d) (1) (i) This paragraph applies only to a condominium established in 4 
Prince George’s County before October 1, 2020. 5 
 
 (ii) If the governing body of a condominium has had a reserve study 6 
conducted on or after October 1, 2016, the governing body shall have an updated reserve 7 
study conducted within 5 years after the date of that reserve study and at least every 5 8 
years thereafter. 9 
 
 (iii) If the governing body of a condominium has not had a reserve 10 
study conducted on or after October 1, 2016, the governing body shall have a reserve study 11 
conducted on or before October 1, 2021, and an updated reserve study at least every 5 years 12 
thereafter. 13 
 
 (2) (i) This paragraph applies only to a condominium established in 14 
Montgomery County before October 1, 2021. 15 
 
 (ii) If the governing body of a condominium has had a reserve study 16 
conducted on or after October 1, 2017, the governing body shall have an updated reserve 17 
study conducted within 5 years after the date of that reserve study and at least every 5 18 
years thereafter. 19 
 
 (iii) If the governing body of a condominium has not had a reserve 20 
study conducted on or after October 1, 2017, the governing body shall have a reserve study 21 
conducted on or before October 1, 2022, and an updated reserve study at least every 5 years 22 
thereafter. 23 
 
 (3) (i) This paragraph applies only to a condominium established in any 24 
county other than Prince George’s County or Montgomery County before October 1, 2022. 25 
 
 (ii) If the governing body of a condominium has had a reserve study 26 
conducted on or after October 1, 2018, the governing body shall have an updated reserve 27 
study conducted within 5 years after the date of that reserve study and at least every 5 28 
years thereafter. 29 
 
 (iii) If the governing body of a condominium has not had a reserve 30 
study conducted on or after October 1, 2018, the governing body shall have a reserve study 31 
conducted on or before October 1, 2023, and an updated reserve study at least every 5 years 32 
thereafter. 33 
 
 (e) Each reserve study AND UPDATE D RESERVE STUDY required under this 34 
section shall: 35 
 
 (1) Be prepared by a person who: 36  14 	SENATE BILL 63  
 
 
 
 (i) Has prepared at least 30 reserve studies within the prior 3 1 
calendar years; 2 
 
 (ii) Has participated in the preparation of at least 30 reserve studies 3 
within the prior 3 calendar years while employed by a firm that prepares reserve studies; 4 
 
 (iii) Holds a current license from the State Board of Architects or the 5 
State Board for Professional Engineers; or 6 
 
 (iv) Is currently designated as a reserve specialist by the Community 7 
Association Institute or as a professional reserve analyst by the Association of Professional 8 
Reserve Analysts; 9 
 
 (2) Be available for inspection and copying by any unit owner; 10 
 
 (3) Be reviewed by the governing body of the condominium in connection 11 
with the preparation of the annual proposed budget; and 12 
 
 (4) Be summarized for submission with the annual proposed budget to the 13 
unit owners. 14 
 
 (F) (1) THE GOVERNING BODY OF A CONDOMINIUM SHALL , IN 15 
CONSULTATION WITH A PERSON IDENTIFIED UN DER SUBSECTION (E)(1) OF THIS 16 
SECTION, DEVELOP A FUNDING PL AN TO DETERMINE HOW TO FULLY FUND THE 17 
RESERVES NECESSARY U NDER THIS SECTION . 18 
 
 (2) IN DEVELOPING THE FUN DING PLAN UNDER THIS SUBSECTION, 19 
THE GOVERNING BODY S HALL CONSIDER SELECT ONE OF THE FOLLOWING 20 
METHODS TO ACHIEVE T HE RESERVE FUNDING U NDER THIS SECTION : 21 
 
 (I) THE COMPONENT OR FULL FUNDING METHOD; 22 
 
 (II) THE CASH FLOW METHOD ; 23 
 
 (III) THE BASELINE FUNDING METHOD; 24 
 
 (IV) THE THRESHOLD CASH FL OW METHOD ; AND OR 25 
 
 (V) OTHER FUNDING METHODS ACCEPTED BY ANY OTHER 26 
FUNDING METHOD CONSI STENT WITH GENERALLY ACCEPTED A CCOUNTING 27 
PRINCIPLES. 28 
 
 (3) A FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION SHALL 29 
PRIORITIZE ADEQUATE AMOUNTS FOR REPAIR A ND REPLACEMENT OF CO MMON 30 
ELEMENTS OF THE COND OMINIUM THAT ARE NECESSARY FOR : 31   	SENATE BILL 63 	15 
 
 
 
 (I) THE HEALTH, SAFETY, AND WELL–BEING OF THE MEMBERS 1 
OCCUPANTS; 2 
 
 (II) ENSURING STRUCTURAL I NTEGRITY, SUCH AS ROOFING 3 
REPLACEMENTS AND MAI NTAINING STRUCTURAL SYSTEMS; AND 4 
 
 (III) ESSENTIAL FUNCTIONING , SUCH AS PLUMBING , SEWER, 5 
HEATING, COOLING, AND ELECTRICAL INFRA STRUCTURE; AND 6 
 
 (IV) ANY OTHER ESSENTIAL O R CRITICAL PURPOSE , AS 7 
DETERMINED BY THE GO VERNING BODY . 8 
 
 (4) RESERVES MAY NOT BE U SED FOR PURPOSES OTH ER THAN THOSE 9 
SPECIFIED IN THE FUN DING PLAN. 10 
 
 (4) RESERVES MAY BE USED FOR PURPOSES OTHER T HAN THOSE 11 
SPECIFIED IN THE FUN DING PLAN IF THE FUN DS ARE REPAID TO THE RESERVE FUND 12 
WITHIN 5 YEARS AFTER THEIR US E.  13 
 
 (5) A GOVERNING BODY SHALL REVIEW PROGRESS TOWA RD 14 
COMPLIANCE WITH THE FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION AT 15 
EACH ANNUAL MEETING OF THE GOVERNING BOD Y.  16 
 
11B–112.2. 17 
 
 (c) The annual budget shall provide for at least the following items: 18 
 
 (1) Income; 19 
 
 (2) Administration; 20 
 
 (3) Maintenance; 21 
 
 (4) Utilities; 22 
 
 (5) General expenses; 23 
 
 (6) Reserves, INCLUDING REPLACEMEN T COSTS IF THE ESTIM ATED 24 
REPLACEMENT COST IS GREATER THAN $10,000 AS DETERMINED BY THE MOST 25 
RECENT RESERVE STUDY OR UPDATED RESERVE S TUDY; and 26 
 
 (7) Capital expenses.  27 
  16 	SENATE BILL 63  
 
 
 (d) (1) Subject to paragraph (2) PARAGRAPHS (2) AND (3) of this subsection 1 
AND IN ACCORDANCE WI TH THE FUNDING PLAN UNDER § 11B–112.3(F) OF THIS 2 
TITLE, reserves provided for in the annual budget under subsection (c) of this section shall 3 
[be]: 4 
 
 (I) BE the funding amount recommended in the most recent reserve 5 
study OR UPDATED RESERVE S TUDY completed under § 11B–112.3 of this title; AND 6 
 
 (II) BE DEPOSITED IN THE R ESERVE ACCOUNT ON OR BEFORE 7 
THE LAST DAY OF EACH FISCAL YEAR. 8 
 
 (2) If SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IF the most 9 
recent reserve study was an initial reserve study, the governing body shall, within [3] 5 10 
fiscal years following the fiscal year in which the initial reserve study was completed, attain 11 
the annual reserve funding level recommended in the initial reserve study IN 12 
ACCORDANCE WITH THE FUNDING PLA N UNDER § 11B–112.3(F) OF THIS TITLE. 13 
 
 (3) (I) THE GOVERNING BODY OF A HOMEOWNERS ASSOCIA TION 14 
MAY DETERMINE BY A T WO–THIRDS MAJORITY VOTE THAT THE HOMEOWNERS 15 
ASSOCIATION AND THE LOT OWNERS ARE EXPER IENCING A FINANCIAL HARDSHIP 16 
THAT LIMITS THE ABILITY TO FUND RESERVES THAT A RE REQUIRED UNDER 17 
PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 18 
 
 (II) SUBJECT TO SUBPARAGRA PHS (III) THROUGH (V) OF THIS 19 
PARAGRAPH , IF A GOVERNING BODY 	MAKES A FINANCIAL HA RDSHIP 20 
DETERMINATION BASED ON THE RESERVE FUNDING REQUIREMENTS OF 21 
PARAGRAPH (1) OR (2) OF THIS SUBSECTION : 22 
 
 1. THE HOMEOWNERS ASSOCI ATION MAY REASONABLY 23 
DEVIATE FROM THAT RE SERVE FUNDING REQUIR EMENT; AND 24 
 
 2. THE FUNDING LEVEL UND ER THAT REQUIREMENT 25 
SHALL BE AT LEAST TH E FUNDING AMOUNT NECESSARY FOR THE PU RPOSES 26 
SPECIFIED UNDER § 11B–112.3(F)(3) OF THIS TITLE. 27 
 
 (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 28 
THIS SUBPARAGRAPH , A HOMEOWNERS ASSOCIA TION MAY NOT DEVIATE FROM THE 29 
RESERVE FUNDING REQU IREMENTS OF PARAGRAP H (1) OR (2) OF THIS SUBSECTION 30 
FOR A PERIOD OF MORE THAN 1 FISCAL YEAR FOLLOWIN G THE FINANCIAL 31 
HARDSHIP DETERMINATI ON. 32 
 
 2. THE GOVERNING BODY MA Y RENEW A FINANCIAL 33 
HARDSHIP DETERMINATI ON UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH BY A 34 
TWO–THIRDS MAJORITY VOTE TO EXTEND THE PERIOD THAT A HOMEOWNERS 35   	SENATE BILL 63 	17 
 
 
ASSOCIATION MAY DEVI ATE FROM THE RESERVE FUNDING REQUIREMENT BY 1 1 
FISCAL YEAR FOLLOWIN G THE RENEWAL . 2 
 
 (IV) THE GOVERNING BODY SH ALL:  3 
 
 1. MAKE GOOD FAITH EFFOR TS TO RESOLVE THE 4 
FINANCIAL HARDSHIP A ND RESUME FUNDING RE SERVES AS REQUIRED UN DER 5 
PARAGRAPH (1) OR (2) OF THIS SUBSECTION ; 6 
 
 2. MAINTAIN DETAILED DOC UMENTATION OF THE GO OD 7 
FAITH EFFORTS MADE U NDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 8 
 
 3. TREAT THE DOCUMENTS U NDER ITEM 2 OF THIS 9 
SUBPARAGRAPH AS RECO RDS FOR EXAM INATION AND COPYING UNDER § 11B–112 10 
OF THIS TITLE. 11 
 
 (V) 1. ALL LOT OWNERS SHALL BE GIVEN REASONABLE 12 
NOTICE IN ADVANCE OF A VOTE ON AN INITIAL OR A RENEWAL OF A FI NANCIAL 13 
HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH. 14 
 
 2. A VOTE ON AN INITIAL O R A RENEWAL OF A FINANCIAL 15 
HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH MAY ONLY BE TAKE N AT A 16 
REGULAR OR SPECIAL M EETING OF THE HOMEOW NERS ASSOCIATION . 17 
 
 (4) (I) A THE GOVERNING BODY OF A HOMEOWNERS ASSOCIATI ON 18 
SHALL ANNUALLY REVIEW THE RESERVE STUDY ANNUAL LY FOR ACCURACY 19 
RESERVES AND THE MOS T RECENT RESERVE STU DY OR UPDATED RESERV E STUDY 20 
TO DETERMINE WHETHER THERE IS ADEQUATE FU NDING IN ACCORDANCE WITH THE 21 
FUNDING PLAN REQUIRE D UNDER § 11B–112.3(F) OF THIS TITLE. 22 
 
 (II) THE ANNUAL REVIEW OF THE RESERVE STUDY FOR 23 
ACCURACY UNDER THIS PARAGRAPH DOES NOT REQUIRE A R ESERVE STUDY OR 24 
UPDATED RESERVE STUD Y IN ADDITION TO THE RESERVE STUDY REQUIR EMENTS 25 
UNDER § 11B–112.3 OF THIS TITLE. 26 
 
11B–112.3. 27 
 
 (a) (1) In this section[, “reserve] THE FOLLOWING WORDS HAVE THE 28 
MEANINGS INDICATED . 29 
 
 (2) “RESERVE study” means a study of the reserves required for future 30 
major repairs and replacement of the common areas of a homeowners association that: 31 
  18 	SENATE BILL 63  
 
 
 [(1)] (I) [Identifies] USING AN ITEMIZED LIS T, IDENTIFIES each 1 
structural, mechanical, electrical, and plumbing component of the common areas and any 2 
other components that are: 3 
 
 1. ARE the responsibility of the homeowners association to 4 
repair and replace; AND 5 
 
 2. IF APPLICABLE, MEET A MINIMUM COST OF REPAIR 6 
OR REPLACEMENT , AS DETERMINED BY THE GOVERNING BODY , THAT IS:  7 
 
 A. REASONABLY BASED ON T HE EXPENSES OF THE 8 
HOMEOWNERS ASSOCIATI ON; AND 9 
 
 B. NOT A MINOR EXPENSE T HAT IS OTHERWISE 10 
ADDRESSED BY THE BUD GET OF THE HOMEOWNER S ASSOCIATION;  11 
 
 [(2)] (II) States the estimated remaining useful life of each identified 12 
component; 13 
 
 [(3)] (III) States the estimated cost of repair or replacement of each 14 
identified component; [and] 15 
 
 [(4)] (IV) States the estimated annual reserve amount necessary to 16 
accomplish any identified future repair or replacement; AND 17 
 
 (V) STATES THE SQUARE FOOTAGE QUANTITY OR SIZE OF EACH 18 
IDENTIFIED COMPONENT USING THE APPROPRIAT E MEASUREMENT , SUCH AS UNIT 19 
AMOUNT, SQUARE FOOTAGE , OR CUBIC FEET. 20 
 
 (3) “UPDATED RESERVE STUDY ” MEANS, FOR THE COMMON 21 
ELEMENTS AREAS SINCE THE PRIOR RESE RVE STUDY WAS COMPLE TED WITHIN THE 22 
PREVIOUS 5 YEARS, A STUDY THAT: 23 
 
 (I) ANALYZES ANY WORK PER FORMED; 24 
 
 (II) REVISES REPLACEMENT C OST, REMAINING LIFE , AND 25 
USEFUL LIFE ESTI MATES; AND 26 
 
 (III) IDENTIFIES:  27 
 
 1. (II)  WORK ANALYZES WORK PERFORMED AND 28 
AMOUNTS SPENT ; AND 29 
 
 2. (III) WHETHER IDENTIFIES WHETHER ANY 30 
MAINTENANCE CONTRACT S ARE IN PLACE. 31   	SENATE BILL 63 	19 
 
 
 
 (b) (1) This section applies only to a homeowners association: 1 
 
 (i) That has responsibility under its declaration for maintaining and 2 
repairing common areas; and 3 
 
 (ii) For which the total initial purchase and installation REPAIR OR 4 
REPLACEMENT costs for all components identified in subsection [(a)(1)] (A) of this section 5 
is at least $10,000. 6 
 
 (2) This section does not apply to a homeowners association that issues 7 
bonds for the purpose of meeting capital expenditures. 8 
 
 (c) (1) This subsection applies only to a homeowners association established 9 
in: 10 
 
 (i) Prince George’s County on or after October 1, 2020; 11 
 
 (ii) Montgomery County on or after October 1, 2021; or 12 
 
 (iii) Any county other than Prince George’s County or Montgomery 13 
County on or after October 1, 2022. 14 
 
 (2) The governing body of the homeowners association shall have an 15 
independent reserve study completed not more than 90 calendar days and not less than 30 16 
calendar days before the meeting of the homeowners association required under §  17 
11B–106.1(a) of this title. 18 
 
 (3) The governing body shall have an updated reserve study completed 19 
within 5 years after the date of the initial reserve study conducted under paragraph (2) of 20 
this subsection and at least every 5 years thereafter. 21 
 
 (d) (1) (i) This paragraph applies only to a homeowners association 22 
established in Prince George’s County before October 1, 2020. 23 
 
 (ii) If the governing body of a homeowners association has had a 24 
reserve study conducted on or after October 1, 2016, the governing body shall have an 25 
updated reserve study conducted within 5 years after the date of that reserve study and at 26 
least every 5 years thereafter. 27 
 
 (iii) If the governing body of a homeowners association has not had a 28 
reserve study conducted on or after October 1, 2016, the governing body shall have a reserve 29 
study conducted on or before October 1, 2021, and an updated reserve study at least every 30 
5 years thereafter. 31 
 
 (2) (i) This paragraph applies only to a homeowners association 32 
established in Montgomery County before October 1, 2021. 33  20 	SENATE BILL 63  
 
 
 
 (ii) If the governing body of a homeowners association has had a 1 
reserve study conducted on or after October 1, 2017, the governing body shall have an 2 
updated reserve study conducted within 5 years after the date of that reserve study and at 3 
least every 5 years thereafter. 4 
 
 (iii) If the governing body of a homeowners association has not had a 5 
reserve study conducted on or after October 1, 2017, the governing body shall have a reserve 6 
study conducted on or before October 1, 2022, and an updated reserve study at least every 7 
5 years thereafter. 8 
 
 (3) (i) This paragraph applies only to a homeowners association 9 
established in any county other than Prince George’s County or Montgomery County before 10 
October 1, 2022. 11 
 
 (ii) If the governing body of a homeowners association has had a 12 
reserve study conducted on or after October 1, 2018, the governing body shall have an 13 
updated reserve study conducted within 5 years after the date of that reserve study and at 14 
least every 5 years thereafter. 15 
 
 (iii) If the governing body of a homeowners association has not had a 16 
reserve study conducted on or after October 1, 2018, the governing body shall have a reserve 17 
study conducted on or before October 1, 2023, and an updated reserve study at least every 18 
5 years thereafter. 19 
 
 (e) Each reserve study AND UPDATED RESERVE STUDY required under this 20 
section shall: 21 
 
 (1) Be prepared by a person who: 22 
 
 (i) Has prepared at least 30 reserve studies within the prior 3 23 
calendar years; 24 
 
 (ii) Has participated in the preparation of at least 30 reserve studies 25 
within the prior 3 calendar years while employed by a firm that prepares reserve studies; 26 
 
 (iii) Holds a current license from the State Board of Architects or the 27 
State Board for Professional Engineers; or 28 
 
 (iv) Is currently designated as a reserve specialist by the Community 29 
Association Institute or as a professional reserve analyst by the Association of Professional 30 
Reserve Analysts; 31 
 
 (2) Be available for inspection and copying by any lot owner; 32 
 
 (3) Be reviewed by the governing body of the homeowners association in 33 
connection with the preparation of the annual proposed budget; and 34   	SENATE BILL 63 	21 
 
 
 
 (4) Be summarized for submission with the annual proposed budget to the 1 
lot owners. 2 
 
 (F) (1) A THE GOVERNING BODY OF A HOMEOWNERS ASSOCIATIO N 3 
SHALL, IN CONSULTATION WITH A PERSON IDENTIFIED UNDER SUBSECTION (E)(1) 4 
OF THIS SECTION, DEVELOP A FUNDING PL AN TO DETERMINE HOW TO FULLY FUND 5 
THE RESERVES NECESSA RY UNDER THIS SECTIO N. 6 
 
 (2) IN DEVELOPING THE FUN DING PLAN UNDER THIS SUBSECTION, 7 
THE HOMEOWNERS GOVERNING BODY SHALL CONSIDER SELECT ONE OF THE 8 
FOLLOWING METHODS TO ACHIEVE THE RESERVE FUNDING UNDER THIS S ECTION: 9 
 
 (I) THE COMPONENT OR FULL FUNDING METHOD; 10 
 
 (II) THE CASH FLOW M ETHOD; 11 
 
 (III) THE BASELINE FUNDING METHOD; 12 
 
 (IV) THE THRESHOLD CASH FL OW METHOD ; AND OR 13 
 
 (V) OTHER FUNDING METHODS ANY OTHER FUNDING MET HOD 14 
CONSISTENT WITH GENE RALLY ACCEPTED ACCOU NTING PRINCIPLES . 15 
 
 (3) A FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION SHALL 16 
PRIORITIZE ADEQUATE AMOUNTS FOR REPAIR A ND REPLACEMENT OF CO MMON 17 
ELEMENTS AREAS OF THE HOMEOWNERS AS SOCIATION THAT ARE N ECESSARY FOR : 18 
 
 (I) THE HEALTH, SAFETY, AND WELL–BEING OF THE MEMBERS 19 
OCCUPANTS; 20 
 
 (II) ENSURING STRUCTURAL I NTEGRITY, SUCH AS ROOFING 21 
REPLACEMENTS AND MAI NTAINING STRUCTURAL SYSTEMS; AND 22 
 
 (III) ESSENTIAL FUNCTIONING , SUCH AS PLUMBING , SEWER, 23 
HEATING, COOLING, AND ELECTRICAL INFRA STRUCTURE; AND 24 
 
 (IV) ANY OTHER ESSENTIAL O R CRITICAL PURP OSE, AS 25 
DETERMINED BY THE GO VERNING BODY . 26 
 
 (4) RESERVES MAY NOT BE U SED FOR PURPOSES OTH ER THAN THOSE 27 
SPECIFIED IN THE FUN DING PLAN. 28 
  22 	SENATE BILL 63  
 
 
 (4) RESERVES MAY BE USED FOR PURPOSES OTHER T HAN THOSE 1 
SPECIFIED IN THE FUN DING PLAN IF THE FUN DS ARE REPAID TO THE RESERVE FUND 2 
WITHIN 5 YEARS AFTER THEIR US E.  3 
 
 (5) A GOVERNING BODY OF A HOMEOWNERS ASSOCIATI ON SHALL 4 
REVIEW PROGRESS TOWA RD COMPLIANCE WITH T HE FUNDING PLAN DEVE LOPED 5 
UNDER THIS SUBSECTIO N AT EACH ANNUAL MEE TING OF THE HOMEOWNE RS 6 
ASSOCIATION.  7 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 
October 1, 2025.  9 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.