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Dues & money

How do we borrow from HOA reserves to cover an operating shortfall, and how do we pay it back?

By OurHOA · General information · Revised

How an HOA board borrows from reserves to cover an operating shortfall: who must approve it in TX, FL and CO, the motion, the books and a repayment plan.

Part of the HOA board handbook: treasurer and money.

The short answer

A board can sometimes move reserve money into the operating account to pay bills, but only if the governing documents and state law allow it, and only as a loan with a written repayment plan. Florida requires an owner vote before reserves set up under its statute are spent on anything else. California lets the board do it alone, with notice and a one-year payback. Texas and Colorado statutes are silent, so your declaration and bylaws decide. Whatever the rules, treat the transfer as a debt the operating fund owes the reserve fund, approve it at a noticed meeting, record the terms in the minutes, and put the repayment in the next budget. A transfer nobody writes down turns into a permanent raid on money owners paid for roofs and pavement. Rules vary by state and by your documents, so this is general education, not legal advice for your association.

Find out who can approve it

Start with the declaration, bylaws and any reserve resolution the board or owners adopted. Look for words like "reserve fund shall be used only for" or a required owner vote. Then check the state rule. In Florida, reserves established under section 720.303(6)(d) of the Florida Statutes, the ones owners voted to create, "shall be used only for authorized reserve expenditures" unless their use for other purposes is approved in advance by a majority vote at a meeting with a quorum, under section 720.303(6)(h). The board cannot approve that alone. Voluntary deferred maintenance accounts that owners never elected under the statute are not bound by that limit, and the annual financial report has to say so in the wording section 720.303(6)(c) prescribes. Texas Property Code chapter 209 has no reserve transfer rule, so a Texas board looks to its documents. Colorado's Common Interest Ownership Act also has no transfer rule, but section 38-33.3-209.5(1)(b)(VI) requires every association to adopt a written policy on investment of reserve funds, and section 38-33.3-303(2.5) holds directors to the nonprofit investment standards when they handle reserves. Read that policy before you move a dollar. California is the most detailed example: Civil Code section 5515 lets the board approve a temporary transfer to meet short-term cash flow needs if the meeting notice says why, lists some repayment options and says whether a special assessment may be considered. If your documents are silent and your state has no rule, get your association's attorney to confirm the board's authority in writing before the vote.

Size the gap before you move money

Borrow the smallest amount for the shortest time. Take a 60-home association with a July 1 fiscal year and $1,200 annual dues billed quarterly, so about $18,000 comes in each quarter. The insurance renewal arrives in March $9,000 higher than budgeted, and paying it would leave the operating account negative until April dues post. Build a 90-day cash forecast: opening balance, expected dues (use last year's actual collection rate, not 100 percent), and every bill due, week by week. If the forecast dips below zero for six weeks, the loan is a bridge. If it stays negative every quarter for the rest of the year, the problem is the budget, and a reserve loan only hides it. Before borrowing, look at the cheaper fixes: ask the carrier for an installment plan, delay discretionary spending, chase the delinquent accounts, or ask a vendor for 60-day terms. Also check the reserve study. If the roof or pavement work is scheduled in the next two years, the reserve account cannot spare the money even briefly.

The meeting, the motion and the minutes

Put the transfer on the agenda of a properly noticed board meeting, or a member meeting if Florida law or your documents require an owner vote. Name it plainly in the notice: "Consider a temporary loan of up to $9,000 from the reserve account to the operating account to pay the 2027 insurance premium, with repayment options and a possible special assessment." At the meeting, the treasurer presents the cash forecast and the repayment plan. A motion the board can adapt: "I move that the association lend $9,000 from the reserve account to the operating account to pay the property insurance premium due March 15, 2027; that the operating fund repay the reserve fund in nine monthly installments of $1,000 from July 1, 2027 through March 1, 2028; that the treasurer report the outstanding balance at every board meeting until it is repaid; and that the board consider a special assessment if any installment is missed." The minutes should record the reason, the amount, the vote of each director, the repayment dates and the source of repayment. California requires that written finding by statute, and it is good practice everywhere. Attach the cash forecast to the minutes so a future board can see why the money moved.

Booking it and paying it back

Record the transfer as a loan between funds, not as income or expense. The operating fund shows a liability called "due to reserve fund" and the reserve fund shows an asset called "due from operating fund" for the same amount. Each repayment moves cash back and shrinks both balances. If you use cash basis books, keep the same two accounts on the balance sheet anyway, or the reserve balance will look $9,000 smaller with no explanation. The repayment has to come from somewhere real. In the example, the higher premium is permanent, so the budget that starts July 1 needs the new premium plus the $9,000 payback: $150 per home, or $12.50 a month on top of the new dues, and the last installment lands within a year of the transfer. California's section 5515(d) requires restoration within one year unless the board gives the same notice again and documents why a delay is in the association's best interest, and section 5515(e) tells the board to levy a special assessment if that is what it takes, subject to the section 5605 cap of 5 percent of budgeted gross expenses without a member vote. Outside California, set your own deadline in the motion and keep it. Do not let the operating fund repay the loan by skipping the regular reserve contribution, which only moves the hole from one account to the other.

Telling owners

Owners find out eventually, through the financial statements, a records request or a resale certificate, so tell them first. Texas section 207.003(b) requires the resale certificate to state the amount of reserves and include the current operating budget and balance sheet, where the "due to reserve fund" line will appear. In Colorado, section 38-33.3-303(4)(a) requires a budget summary to owners within 90 days of adoption, and owners of a third of the units can demand a review under section 38-33.3-303(4)(b)(III). A short note in the next newsletter or with the quarterly statement is enough: "Our property insurance premium rose $9,000 at the March renewal. To pay it on time, the board lent $9,000 from the reserve account to the operating account at its February 20 meeting. The operating fund will repay the reserve fund at $1,000 a month from July through March, and the budget that starts July 1 includes the higher premium. The minutes and cash forecast are available on request." Report the remaining balance in every monthly financial packet until it reaches zero.

A sample timeline

Day 1: the treasurer spots the shortfall in the 90-day forecast. Days 1 to 7: try the carrier installment plan, vendor terms and collections. Day 7: read the declaration, bylaws and reserve policy, and call the attorney if the authority is unclear. Day 10: send notice of the board meeting, or the member meeting a Florida association needs for statutory reserves, with the reason, the amount and the repayment options. Florida's section 720.306(5) default for member meetings is at least 14 days' notice. Day 25: hold the meeting, vote, and record the finding. Day 26: move the money and book the due-to and due-from entries. Monthly: post the installment and report the balance. At budget season: add the repayment and the cause of the shortfall to next year's budget. At 12 months: confirm the loan is paid off, or notice a new meeting to approve a delay or a special assessment.

Mistakes boards make

Moving money first and approving it later. The treasurer has signing authority on both accounts, but that does not mean the board approved the loan. Borrowing for a recurring cost. If dues no longer cover the operating budget, raise dues; a reserve loan postpones the decision and shrinks the money for the next roof. Leaving out the repayment source. A date with no dollars behind it is a wish. Pausing reserve contributions to make the payments. Forgetting the reserve study. Borrowing the year before a big replacement can force a special assessment far larger than the original gap. Letting the balance disappear from reports after a board turnover. New directors inherit the debt, so the outstanding loan belongs in every handoff packet. For the larger fixes, see our guides on running a mid-year budget review and levying a special assessment, which cover the two tools that usually end a recurring shortfall.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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