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LEGAL UPDATES

Is a Reserve Study Legally Required? A 50-State Matrix

Article cover from SmartProperty

Key takeaways

Whether a reserve study is legally required depends on the state and the type of association. About a dozen states, including California, Nevada, New Jersey, Maryland, Virginia, Washington and Utah, mandate studies for some or all associations. Others require reserve funds or disclosures without a study, and many have no mandate, though governing documents and lenders may still require one.

  • California requires a full reserve study with a site visit every three years and an annual review under Civil Code § 5550.
  • Nevada, New Jersey, Maryland, Virginia and Delaware require reserve studies at least every five years for covered associations.
  • Florida requires a Structural Integrity Reserve Study at least every 10 years for condos and co-ops of three or more habitable stories.
  • Fannie Mae Lender Letter LL-2026-03 raises the condo reserve minimum to 15% of assessment income for loan applications dated on or after January 4, 2027.

Written for: HOA & condo board members, Community association managers, Property management company executives

"Do we legally have to do this?" is usually the first question a board asks about a reserve study. The honest answer: it depends on your state, and often on whether you're a condominium or an HOA.

But the legal question is only one of three. Even where state law is silent, a reserve study may be required by:

  1. Your governing documents. Many declarations and bylaws require reserves, and some require a study.
  2. Lenders. Fannie Mae's Lender Letter LL-2026-03 requires condo budgets to allocate at least 15% of assessment income to replacement reserves for loan applications dated on or after January 4, 2027. An association below that line can still qualify with a reserve study completed or updated within the past three years, but only if the budget funds the study's highest recommended contribution.
  3. Fiduciary duty. Boards in every state owe owners a duty of care. A current reserve study is the clearest evidence that a board planned responsibly.

How to read the matrix

  • Study required — state law requires a reserve study (or equivalent reserve analysis) for at least some association types.
  • Reserves required — state law requires a reserve fund or reserve budget, but not a study.
  • Disclosure only — no study or funding mandate, but reserves must be disclosed in budgets, offering statements or resale certificates.
  • No mandate — no statewide study, funding or reserve-disclosure requirement.

Each state links to our full guide, which covers the statutes, deadlines, disclosure rules and best practices.

50-state reserve study matrix

StateStatusWhat the law requiresUpdate cycle
AlabamaNo mandateCondo Act grants power to budget for reserves only—
AlaskaDisclosure onlyCertified reserve assumptions in new-community offering statements—
ArizonaDisclosure onlyResale disclosure of reserve totals and the most recent study (A.R.S. §§ 33-1806, 33-1260)—
ArkansasNo mandateStatutes silent on reserve planning—
CaliforniaStudy requiredDavis-Stirling (Civ. Code § 5550); annual disclosure; AB 2050 minimum funding from Jan 1, 2032Full study with site visit every 3 yrs; annual review
ColoradoReserves required (policy)Written reserve policy (C.R.S. § 38-33.3-209.5); HB26-1099 developer 30-year study before turnover—
ConnecticutDisclosure onlyBudget must state reserve amount and basis (CGS § 47-261e)—
DelawareStudy required (condos, co-ops)DUCIOA: fully funded over 20 years; 5–15% budget minimums without a current studyAt least every 5 yrs
FloridaStudy required (condos/co-ops 3+ stories)Structural Integrity Reserve Study (s. 718.112(2)(g)); non-waivable fundingAt least every 10 yrs
GeorgiaDisclosure onlyCondo resale budgets disclose reserve line items (O.C.G.A. § 44-3-111)—
HawaiiStudy required (condos)Budgets rest on a reserve study; fund at least 50% (HRS § 514B-148)Independent review every 3 yrs; annual update
IdahoNo mandateNo study or funding requirement—
IllinoisReserves required (condos)"Reasonable reserves," waivable by two-thirds vote (765 ILCS 605/9(c)(2))—
IndianaReserves required (condos)Condo assessments must fund a replacement reserve (IC § 32-25-4-4)—
IowaNo mandateChapter 499B silent on reserves—
KansasNo mandateStatutes silent on reserve planning—
KentuckyReserves requiredReplacement reserve required, no set amount (KRS 381.870); resale disclosure—
LouisianaDisclosure onlyOffering-statement disclosure; 2025 Planned Community Act basis-for-reserves—
MaineDisclosure onlyDeveloper offering-statement disclosure—
MarylandStudy requiredCondos, HOAs ($10K+ components) and co-ops; HB 292 funding plan and year-end depositAt least every 5 yrs
MassachusettsReserves required (condos)Adequate, segregated replacement reserve (M.G.L. c. 183A § 10(i))—
MichiganReserves required (condos)Reserve fund with 10%-of-budget minimum (MCL 559.205; Rule 559.511)—
MinnesotaReserves requiredAdequate replacement reserves in budget (MCIOA § 515B.3-1141)Reevaluated at least every 3 yrs
MississippiNo mandateReserves permitted, not required—
MissouriDisclosure onlyResale certificate discloses reserves and planned capital expenditures—
MontanaNo mandateCommon expenses may include reserve allocations—
NebraskaNo mandateNo reserve statute—
NevadaStudy requiredNRS 116.31152: registered Reserve Study Specialist; 30-year projection; adequate reservesAt least every 5 yrs; annual board review
New HampshireDisclosure onlyBudget states reserve basis; resale disclosure—
New JerseyStudy required30-year plan funded at 100%, or temporary 85% option (S3992)At least every 5 yrs
New MexicoDisclosure onlyResale certificate discloses reserve balance and allocation—
New YorkNo mandateBoards act under fiduciary duty—
North CarolinaDisclosure onlyDeveloper offering-statement disclosure—
North DakotaNo mandateDuty comes from governing documents only—
OhioReserves requiredAdequate reserves in budget, waivable annually by owner majority (ORC 5311.081, 5312.06)—
OklahomaNo mandateGeneral fiduciary duty—
OregonStudy requiredReserve account plus maintenance plan and reserve funding analysis (ORS 94.595, 100.175)Updated annually
PennsylvaniaNo mandateBudget power; fiduciary duty of ordinary prudence—
Rhode IslandDisclosure onlyNew-condo offering statement includes reserve budget—
South CarolinaNo mandateNo study or funding requirement—
South DakotaNo mandateNo reserve statute—
TennesseeStudy required (condos)Third-party study shared with owners (TCA § 66-27-403(g)); no funding minimumAt least every 5 yrs; annual review
TexasDisclosure onlyResale certificates disclose reserves (§§ 82.157, 207.003)—
UtahStudy requiredReserve analysis, budget line item, annual owner summary (§§ 57-8-7.5, 57-8a-211)Every 6 yrs; review every 3 yrs
VermontDisclosure onlyOffering-statement and resale disclosure—
VirginiaStudy requiredMost HOAs and condos; annual board review and budget adjustmentAt least every 5 yrs
WashingtonStudy requiredMost condos and HOAs (RCW 64.34, 64.38, 64.90); no funding percentageSite-inspection study every 3 yrs
West VirginiaDisclosure onlyDeveloper offering-statement disclosure—
WisconsinReserves required (newer condos)Statutory reserve account for condos created on/after Nov 1, 2004; opt-out allowed (§ 703.163)—
WyomingNo mandateNo reserve statute—

Laws change. Each linked guide shows its last-updated date. This matrix is general information, not legal advice; confirm specifics with your association's attorney.

Three patterns worth noticing

1. The trend is toward more regulation, not less. Florida's SIRS law, California's AB 2050, New Jersey's 30-year funding mandate, Maryland's HB 292 and Colorado's HB26-1099 all arrived in the last few years. Several more states have bills pending. A board that builds the habit now won't be scrambling when its state acts.

2. "No mandate" doesn't mean "no requirement." In states without a statute, your declaration, your insurer, a lender reviewing a unit sale, or a homeowner in litigation can all ask what your reserve plan was based on.

3. Condos are regulated more heavily than HOAs. Several states (Florida, Hawaii, Tennessee, Michigan, Massachusetts) apply their rules only to condominiums. If you're an HOA in one of those states, read your state guide closely before assuming you're exempt or covered.

What to do next

  • Find your state above and read the full guide.
  • Check your governing documents for reserve and study language.
  • If you're a condominium, check where your budget stands against the 15% Fannie Mae minimum before January 4, 2027.

If you need a study that satisfies your state's rules, request a proposal and tell us your state; we scope every study to the statute that applies.

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