Reserve and repair fund rules: country by country
The provision on this topic in each place we have a verified source for, with the date it was last checked.
| Place | Short answer | Provision | Last verified | Page |
|---|---|---|---|---|
| Italy | The Civil Code does not require a general reserve fund. When the assembly decides extraordinary maintenance or innovations, it must set up a special fund equal to the amount of the works. | Art. 1135, n. 4, c.c. | Read | |
| Spain | A reserve fund is mandatory in every community of owners. It must hold at least 10 per cent of the last ordinary budget, belongs to the community, and serves conservation, repair and rehabilitation works and the accessibility… | LPH art. 9.1.f) | Read | |
| Portugal | A common reserve fund (fundo comum de reserva) is mandatory in every condominium, to pay for the conservation of the building. | Decreto-Lei n.º 268/94, art. 4.º, n.os 1 e 2 | Read | |
| Mexico City | The assembly sets the owners' cuotas, and one of them funds the reserve fund. That fund pays for the tools, materials, equipment, machinery and labour the condominium needs, and for works and maintenance. | Ley de Propiedad en Condominio de Inmuebles para el Distrito Federal, art. 55 | Read | |
| Colombia | The legal entity of every complex must set up a fund for unforeseen obligations or expenses (fondo de imprevistos), built and increased with a surcharge of at least 1 per cent on the annual budget of common expenses and with the… | Ley 675 de 2001, art. 35 | Read | |
| Ecuador | A common reserve fund is mandatory. It serves repairs of common property, urgent or unforeseen common expenses caused by force majeure such as accidents and earthquakes, and planned future expenses such as repainting the… | Reglamento General de la Ley de Propiedad Horizontal, art. 31 | Read | |
| Chile | The administration of every condominium must consider forming a common reserve fund (fondo común de reserva) for extraordinary, urgent or unforeseen common expenses. | Ley 21.442, art. 39 | Read | |
| Argentina | Each owner must contribute to the reserve fund (fondo de reserva) "if there is one". The Civil and Commercial Code does not make a reserve fund compulsory. | Código Civil y Comercial de la Nación, art. 2046, inciso d) | Read | |
| Germany | The owners resolve on the advance payments for costs and for the reserves. Building up an appropriate maintenance reserve (Erhaltungsrücklage) is part of proper administration. | § 28 Absatz 1 Satz 1 und § 19 Absatz 2 Nummer 4 WEG | Read | |
| Croatia | The common reserve fund (zajednička pričuva) is money for maintaining the common parts and installations of the building and for managing the building. | Zakon o upravljanju i održavanju zgrada (NN 152/2024), članak 28., stavak 1., i članak 29., stavci 1. i 2. | Read | |
| Serbia | The amount set aside for investment maintenance of the common parts is decided by the assembly and cannot be lower than the minimum in the act that the local self-government passes on investment maintenance of buildings. | Закон о становању и одржавању зграда, члан 64 | Read | |
| Slovenia | If a property has more than two owners and more than eight separate units, the owners must set up a reserve fund (rezervni sklad) to cover future costs of regular management. | Stvarnopravni zakonik, 119. člen | Read | |
| Latvia | Owners make payments into the savings fund (uzkrājumu fonds), in proportion to their share of the common property, on the basis of a decision of the owners' community. | Dzīvokļa īpašuma likums, 13. panta 2.1 un 2.2 daļa | Read | |
| Kazakhstan | The accumulative contribution is a mandatory monthly contribution of at least 0.005 times the monthly calculation index per square metre of usable area, set aside for capital repair of the common property. | Закон «О жилищных отношениях», ст. 34-1, п. 3 | Read | |
| Kyrgyzstan | The general meeting of the association's members decides on forming special funds of the association, including a reserve fund and a fund for restoring and repairing the common property of the apartment building and its equipment. | Закон КР № 122, ст. 13, п. 2 | Read | |
| Armenia | A reserve fund may be formed by a decision of the owners' meeting from the mandatory payments paid into the bank account, and placed on deposit. | Կառավարության N 2078-Ն որոշում, կետեր 18 և 21 | Read | |
| Azerbaijan | In an owners' association (MMMC), a special fund serving the purposes in the charter can be created by decision of the participants' general meeting, and the meeting sets how special funds are created. | Mənzil Məcəlləsi, maddə 131.3 | Read | |
| Vietnam | The buyer or hire-purchaser of an apartment must pay a maintenance fund (kinh phi bao tri) of 2 per cent of the value of the apartment. | Luật Nhà ở 2023 (Luật số 27/2023/QH15), Điều 152 khoản 1 | Read | |
| Saudi Arabia | The general assembly may decide to form a reserve amount to meet costs that exceed the association's approved budget, as the by-laws specify, and the owners may also agree to form it. | اللائحة التنفيذية، المادة (٣٠) | Read | |
| Florida | A residential condominium association must have a structural integrity reserve study completed at least every 10 years for each building three habitable stories or higher. | Fla. Stat. § 718.112(2)(g)1. and (2)(f)2.b. | Read |