SmartProperty® helps New York HOAs, co-ops and condominiums plan and fund their reserves. State law doesn’t require a study, but the board’s duty of care and the business judgment rule depend on informed decisions. A study is how you document them.
Jan 4, 2027Fannie Mae’s 15% reserve minimum takes effect for condo loans
Informed decisionsThe business judgment rule protects boards that investigate and deliberate, not boards that stall
No mandateNew York law doesn’t require a reserve study or a minimum balance
WHAT NEW YORK REQUIRES
No statute requires the study. The board’s duty still does.
Most New York associations are formed under the Not-for-Profit Corporation Law, and their reserves, or lack of them, often start in the developer’s offering plan.
FIDUCIARY DUTY · NOT-FOR-PROFIT CORPORATION LAW
Loyalty, care and staying within authority
Directors owe undivided loyalty, and must act in good faith with the care an ordinary prudent person would use.
That duty of care implies planning for predictable repairs and replacements, even without a statutory study requirement.
Directors must also stay within the powers granted by the governing documents and the law.
BUSINESS JUDGMENT RULE · LEVANDUSKY · POMERANCE
A shield the board has to earn
Courts won’t second-guess decisions made in good faith, within authority and in furtherance of corporate purposes.
The rule protects deliberate decisions, not a failure to investigate or decide, so never commissioning a study can cost the board that protection.
Courts give no deference to a board’s reading of its own authority, so an action outside the governing documents isn’t protected.
The shield only works if the board did its homework.
Special assessments invite fiduciary claims
When a roof or other predictable replacement forces a large assessment, owners often allege the board failed to plan. A study is the board’s record that it investigated its long-term needs.
Lenders set a de facto reserve floor
Lender questionnaires ask about reserves and deferred maintenance, and a building that falls short can be listed as non-warrantable. Fannie Mae’s 15% reserve minimum applies to condo loans dated on or after January 4, 2027, or the budget must fund a current study’s highest recommended contribution.
The offering plan may set the starting point
Some offering plans state there is no special advanced reserve fund. That’s a starting point, not a plan, and the board still has to decide how to fund the building’s future repairs.
HOW SMARTPROPERTY HELPS
Compliance is the floor. Funding stability is the goal.
Full reserve studies and updates
A site-inspected study to start, then updates as costs and conditions change, so the board always has a current plan.
A plan that stays current
The Living Reserve Study® updates as projects are completed and costs change, so your plan is ready for the next update or budget.
Funding options the board can compare
Model higher contributions, special assessments, loans or lines of credit side by side before you take a recommendation to owners.
Numbers you can explain
Atlas shows the cost data and useful-life assumptions behind every figure, so boards can answer owner questions with confidence.
TALK WITH SMARTPROPERTY ABOUT NEW YORK
Get your New York reserve plan on solid ground.
See how the Living Reserve Study® works for your community, or tell us about your association and we’ll put together a proposal.
Photo via Wikimedia Commons: Manhattan skyline: Jakub Hałun, CC BY 4.0. New York law summary is not legal advice. Confirm your association’s obligations with New York counsel.