State Requirements

HOA Reserve Requirements by State: The 2026 Compliance Map

Reserve law in the United States is a patchwork. A condo board in Fort Lauderdale operates under some of the strictest reserve mandates in the country; an identical board in Dallas faces almost none. This guide maps the landscape — which states mandate studies, which mandate funding, and what governs boards everywhere else.

Reserve legislation has been moving fast since 2022 — always verify current statute text or consult association counsel before relying on any summary, this one included.

The Three Regulatory Tiers

Tier 1 — Study and funding mandates. A handful of states require both periodic reserve studies and impose funding rules. Florida is the strictest: buildings of three or more habitable stories must complete a Structural Integrity Reserve Study every 10 years, and SIRS-component reserves can no longer be waived. (Full Florida breakdown.) New Jersey joined this tier with its 2024 structural integrity law requiring studies and adequate funding for covered associations. Hawaii requires associations to be at least 50% funded or on a plan to get there. Ohio requires reserve contributions of at least 10% of the annual budget unless owners formally waive it.

Tier 2 — Study mandates. Several states require studies (or formal reserve disclosures) but leave funding levels to the board. California anchors this group: Davis-Stirling requires a diligent visual-inspection study at least every three years, annual reviews, and detailed reserve disclosures to owners — though it doesn't dictate a funding level. (California details.) Nevada requires studies every five years with annual reviews; Utah, Washington, Oregon, Virginia, Delaware, and Maryland have study or disclosure requirements of varying strength.

Tier 3 — No mandate. The majority of states — including Texas, Georgia, Tennessee, North Carolina, South Carolina, and Arizona — have no statutory reserve study or funding requirement for most associations. That does not mean boards there are off the hook, which is the most misunderstood point in reserve law.

"No Mandate" Doesn't Mean "No Obligation"

In Tier 3 states, three forces fill the statutory vacuum:

1. Your governing documents. Many CC&Rs require reserves, studies, or both — privately contracted obligations that bind the board regardless of state silence. (How that plays out in Texas and Georgia.)
2. Fiduciary duty. Every state imposes a duty of care on board members. Knowingly underfunding predictable repairs — or never measuring the obligation at all — is the kind of decision that looks indefensible in litigation after a failure.
3. Lenders and insurers. Fannie Mae, Freddie Mac, and FHA condo reviews look for at least 10% of budget flowing to reserves and ask about deferred maintenance, and insurers increasingly request studies. These national standards apply identically in Houston and Honolulu.

In practice, a board in a no-mandate state that follows Tier 2 behavior — current study, documented funding plan — has simply done voluntarily what California requires by law. The reserve study process and funding framework are the same everywhere; only the legal floor moves.

Quick Reference

State	Study Required?	Funding Rules?	Notes
Florida	Yes — SIRS every 10 yrs (3+ habitable stories)	Yes — SIRS reserves non-waivable	Strictest in the nation post-Surfside
New Jersey	Yes — structural integrity law (2024)	Yes — adequacy requirements	Phased compliance deadlines
California	Yes — every 3 yrs + annual review	Disclosure only	Balcony inspections (SB 326) interact
Nevada	Yes — every 5 yrs + annual review	Adequacy standard	NRS 116
Hawaii	Effectively yes	Yes — 50% funded or plan	Condo statute
Ohio	No	Yes — 10% of budget unless waived	Waiver by owner vote
WA / OR / UT / VA / MD / DE	Study or disclosure requirements	Generally no	Varies by community type
TX / GA / TN / NC / SC / AZ and most others	No	No	CC&Rs + fiduciary duty govern

What Your Board Should Do, In Any State

1. Read your statute and your CC&Rs — whichever is stricter controls
2. Run the Tier 2 playbook voluntarily if you're in a no-mandate state: study every 3–5 years, annual reviews, documented funding plan
3. Watch the legislature. Post-Surfside, reserve bills are introduced every session across the country; today's Tier 3 state is tomorrow's Tier 1.

State-specific deep dives: Florida SIRS · California · Texas · Georgia — with New Jersey, New York, Arizona, the Carolinas, and Tennessee coming in this series.