The questions
Ask these before the next meeting
Each question is tied to the Maryland rule it's based on. Skim all of them, then skip to the email template below if you want to send them as-is.
- 01
Is our community actually subject to the Maryland reserve-study requirement, and has the applicable county phase-in date passed?
Maryland's reserve-study regime did not turn on statewide at once. It phased in by county — Prince George's County on October 1, 2020, Montgomery County on October 1, 2021, and all other counties on October 1, 2022 — with separate backstop deadlines for older associations. For HOAs specifically, the requirement only reaches associations responsible under the declaration for maintaining common areas where the total covered-component repair and replacement cost is at least $10,000. A board that says 'we don't have to do a reserve study' may be right — but you need to know which exemption they are claiming and whether it actually applies.
Md. Code, Real Prop. § 11B-112.3 (HOA); § 11-109.4 (condo)
- 02
Is the current reserve study within the five-year cycle, and was it prepared by someone who meets the statutory preparer qualifications?
Maryland is unusually specific about who can prepare a reserve study. The statute requires an independent preparer who has prepared at least 30 reserve studies in the prior three years, holds a current architecture or engineering license, or holds a reserve specialist designation from the Community Associations Institute or the Association of Professional Reserve Analysts. A study done by the property manager or a contractor who does not meet these thresholds is not a compliant study — and the five-year clock runs from the last compliant one.
Md. Code, Real Prop. § 11B-112.3(e) (HOA); § 11-109.4(e) (condo)
- 03
Does our annual budget fund reserves at the level the most recent reserve study recommends?
The statute does not leave the funding amount to the board's discretion. The annual budget's reserves line item must match the funding amount recommended in the most recent reserve study or updated reserve study, and the funded amount must be deposited into the reserve account by the end of the fiscal year. A budget that funds reserves at some other number — without a documented hardship determination — is not in compliance.
Md. Code, Real Prop. § 11B-112.2(d) (HOA); § 11-109.2(c) (condo)
- 04
If the community is not funding reserves at the study-recommended level, is it operating under the five-year initial ramp-up or under a documented hardship determination?
Maryland allows two narrow reasons for funding below the study-recommended level. First, after an initial reserve study, the association has five fiscal years to reach the recommended annual funding level. Second, the governing body may invoke a financial-hardship exception — but only by a two-thirds majority vote, after advance notice, at a regular or special meeting, with documented good-faith efforts to resolve the hardship. The hardship determination lasts one fiscal year and must be renewed under the same standards. A board that is simply underfunding without either justification is out of compliance.
Md. Code, Real Prop. § 11B-112.2(d) (HOA); § 11-109.2(c) (condo)
- 05
If the board has invoked a hardship determination, can I see the two-thirds vote record, the advance-notice documentation, and the good-faith-effort records?
The hardship exception is not an informal decision. The statute requires a two-thirds majority vote at a regular or special meeting, advance notice to all owners, and documented good-faith efforts. That documentation is treated as association records. If the board claims hardship but cannot produce the paperwork, the exception was not properly invoked.
Md. Code, Real Prop. § 11B-112.2(d) (HOA); § 11-109.2(c) (condo)
- 06
Has the board reviewed reserves against the funding plan as part of the most recent annual budget cycle?
Beyond the five-year study itself, the statute requires the board to annually review whether reserves align with the funding plan. A board that commissioned a study three years ago but has not checked it against the current budget is missing a separate compliance step.
Md. Code, Real Prop. § 11B-112.2(d) (HOA); § 11-109.2(c) (condo)
- 07
What funding method is the reserve funding plan using — component, cash flow, baseline, threshold, or something else?
Maryland's statute names specific funding methods the governing body can choose from: component method, cash flow method, baseline funding, threshold cash flow, or another method consistent with GAAP. The plan must prioritize health, safety, structural integrity, and essential utilities. Knowing which method the board chose tells you whether the funding trajectory is conservative or aggressive — and whether the priorities are right.
Md. Code, Real Prop. § 11B-112.3(f) (HOA); § 11-109.4(f) (condo)
- 08
Has reserve money been borrowed for non-reserve purposes, and if so, is it on track to be replenished within five years?
The statute permits reserves to be used for other purposes — but requires replenishment within five years. If the board has drawn down reserves to cover an operating shortfall or a non-capital project, that is allowed only if there is a documented replenishment timeline. Reserves that were borrowed years ago and never repaid are a compliance concern, not a judgment call.
Md. Code, Real Prop. § 11B-112.3(f) (HOA); § 11-109.4(f) (condo)
- 09
Is the reserve study available for me to review, and was a summary provided with the most recent annual budget?
The statute requires the reserve study to be available to owners and a summary to be included with the annual budget submission. If you have never seen either, that is a transparency failure with a statutory basis — not an unreasonable request.
Md. Code, Real Prop. § 11B-112.3 (HOA); § 11-109.4 (condo)
- 10
What capital components are included in the reserve study, and has anything been added, removed, or reclassified since the last study?
Moving items off the reserve schedule — to operating, to deferred maintenance, or off the books — is a common way to make reserves look healthier than they are. Changes to the component list between studies should be documented and explained, not buried in footnotes.
Email template
Send this to your board
Replace the bracketed fields with your community name and your details. The statute citations are deliberate — they move a response from "we'll get back to you" to a real written answer.
Hi [Board / Property Manager name], I own a property at [Community Name] and I want to make sure I understand how our reserves are being handled before the next budget is adopted. I've been reading the Maryland reserve-study requirements and I have a few questions I'd like answered in writing. 1. Has our community's applicable phase-in date passed, and is our current reserve study within the five-year cycle required by the statute? 2. Was the reserve study prepared by someone who meets the statutory preparer qualifications — at least 30 studies in the prior three years, a current architecture or engineering license, or a reserve specialist designation? 3. Does our current annual budget fund reserves at the amount the most recent reserve study recommends? If not, are we within the five-year initial ramp-up, or has the board invoked a hardship determination? 4. If a hardship determination has been invoked, can I see the two-thirds vote record, the advance-notice documentation, and the good-faith-effort records the statute requires? 5. Has reserve money been borrowed for non-reserve purposes, and if so, is replenishment on track within the five-year statutory window? 6. Can I get a copy of the current reserve study and the summary that should have been included with the most recent annual budget? I'm not trying to second-guess the board — I just want to confirm we are meeting the reserve-study and reserve-funding requirements the statute imposes and that the budget reflects the study's recommendations. I would appreciate written answers, or a pointer to where these are documented in the association's records. Thanks, [Your name] [Property address]
Why these questions, in this order
Maryland is one of the more specific states on reserve-study compliance. Both the Homeowners Association Act (§§ 11B-112.2, 11B-112.3) and the Condominium Act (§§ 11-109.2, 11-109.4) require a reserve study on a five-year cycle, annual budget funding at the study-recommended level, and detailed preparer qualifications. The statutes also name specific funding methods and require reserves borrowed for other purposes to be replenished within five years.
The question list above is ordered to walk through the compliance chain in the sequence that matters:
- Is the requirement even triggered? The HOA regime has a scope test (common-area maintenance duty plus a $10,000 component threshold) and county-specific phase-in dates. The condo regime applies to all residential condominiums but also phased in by county. If the board claims the rule does not apply, you need to know why — and whether the exemption is real.
- Is the study current and properly prepared? Maryland’s preparer qualifications are unusually explicit. A study that does not meet the statutory threshold is not a compliant study, regardless of its quality.
- Is the budget actually funding at the recommended level? The statute does not leave the amount to board discretion. It must match the study’s recommendation, with only two narrow exceptions: the five-year initial ramp and a properly documented hardship determination.
- If there’s a gap, is the justification documented? The hardship exception is procedural — two-thirds vote, advance notice, meeting, good-faith records. Missing any of those steps means the exception was not properly invoked.
How to use the email template
The email below is written to be forwarded as-is to your board or property manager. It cites the statutory framework directly because that is what moves a response from “we’ll get back to you” to “we need to check our records.” You don’t need a lawyer to send this email — just your property address and the community name.
If the written response claims reserves are “fine” but cannot produce a current reserve study, a budget line matching the study’s recommended funding, or hardship documentation when funding falls short, that combination — the claim plus the absence — is the single most useful thing to bring to the next meeting.
What this page is not
This is not legal advice and it is not a complete audit of your community’s compliance posture. It is the question list an owner should be able to hand to their board without retaining counsel. If the answers raise more questions than they resolve, the next step is usually reading the actual study and the budget’s reserve line against the statute’s mechanical requirements — which is where we come in.
The underlying rule
Maryland reserve law, in plain language
These questions come from the actual statute. If you want the full explainer before you send the email, start here.
Next step
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