We are now halfway through 2024 and we want to again remind our New Jersey community association clients to check their reserve study status to ensure compliance with the January 8, 2024 law relating to reserve studies and reserve funding.
All New Jersey community associations are required to comply with the new reserve law. The only exception is a community association with common elements/common property that will cost less than $25,000 to replace.
Reserve studies must now be updated at least once every 5 years. While it may be prudent to update the reserve study more frequently, the law only requires an update every 5 years.
If your reserve study must be updated in 2024 or 2025, you should contact the associations engineer now and get on the schedule. If your reserve study must be updated after 2025, calendar the due date and work with the associations engineer well in advance to determine scheduling.
Anticipate budget increases. Preventive maintenance (previously called “deferred maintenance”) must be included in the reserve study as well as the cost of the reserve study and structural inspections (if applicable). Also, associations must have adequate reserve funding. Adequate funding means that when a certain improvement is ready for replacement the funds will be available without the need for a special assessment or bank loan. The law permits you time to catch up, but you must catch up. If adequate funding requires an increase of more than 10% of the previous years assessment, the deficiency shall be made adequate within the following ten years. If adequate funding requires an increase of less than 10% of the previous years assessment, the deficiency shall be made adequate within the following two years.
If you have questions about the new reserve law, contact your Community Associations and Construction Defect Litigation attorneys.
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