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Virginia Reserve Study Law

Two near-identical sections of the Virginia Code set the reserve duty for almost every community association in the state. Here is what each one asks of the board, in checklist form.

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The three duties

Under both the Property Owners' Association Act (55.1-1826 B) and the Condominium Act (55.1-1965 B), the board must:

  • Study. Have a reserve study done at least once every five years to decide whether reserves for capital components are needed, and how much.
  • Review. Look at the study's results at least once a year to judge whether reserves are still adequate.
  • Adjust. Change the budget and the annual assessment where the board thinks it necessary to keep reserves where they need to be.

"Capital components" are the items the association must maintain and for which the board decides funding is needed, whether or not they sit in the common area (55.1-1800). Roofs, paving, pools, elevators, siding and stormwater ponds are the usual list.

What the budget has to show

If the study says reserves are needed, subsection C of each section requires the budget to carry four things:

  1. The current estimated replacement cost, remaining life and useful life of each capital component.
  2. The cash reserves built up as of the start of the fiscal year, and the amount the association expects to add during that year.
  3. A statement of the procedures used to estimate and accumulate the reserves.
  4. The reserve amount the study recommends, next to the cash actually set aside for replacements.

The board must make the budget, or a summary of it, available to owners before the fiscal year starts (subsection A). Subsection D lets the board pay for repairs and replacements from reserves, extra assessments or borrowing.

Where the two acts differ

Only in one phrase. The condominium section applies "unless the condominium instruments provide otherwise". The owners' association section has no such opening, so its duties apply as written. Everything else, from the five-year cycle to the four budget items, reads the same.

What the Code leaves open

  • Who prepares it. No license or credential is named. Most boards choose a CAI Reserve Specialist or an APRA Professional Reserve Analyst.
  • How deep it goes. The Code does not require a site visit each time. CAI's reserve study standards define a full study, an update with a site visit and an update without one.
  • A funding target. There is no required percent funded. The board decides, with the study's plan in front of it.

At resale

When an owner sells, the resale certificate (55.1-2310) must include approved capital expenditures, the reserve balance and any designated portions, the operating budget and the current reserve study or a summary. A stale study shows up there first.

Questions boards ask

Can a board skip the study if reserves look healthy?

The Code gives no exemption for a well-funded association. The study is what tells the board whether the balance is healthy at all, and the budget items in subsection C are built from it.

Can our condominium documents change the rule?

The condominium section opens with "unless the condominium instruments provide otherwise" (55.1-1965). Instruments that set a different schedule may govern. Ask the association's attorney to read them with you.

Who enforces the five-year rule?

The Code puts the duty on the board. Owners can raise concerns with the board and, after using the association's complaint procedure, with the Office of the Common Interest Community Ombudsman at DPOR. Its 2024 to 2025 report lists reserve studies among the complaint topics that rose that year (annual report).

Did the law change recently?

Both sections were last amended in 2024 (2024 Acts, chapter 324), according to the history notes on the Code. The five-year study and annual review duties remain. Check the current text before relying on any summary, this one included.

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