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KevinB6 (Illinois)
Posts: 36
Posted:
I am currently treasurer for my association and it seems that within a year and half we have developed a 60 thousand dollar deficit. Our old president seemed to make unilateral decisions changing the amount of money spent on projects after the board approved the expenditure. The old president allowed the property manager to basically act like a president and run the association for her. I have emails questioning the financial impact of various projects and financial decisions that property manager made from the past two years. She basically told me not to worry and that the projects and financial decisions would have little impact on our reserves. The advice that she gave me was obviously incorrect.

We have since recently elected a new president and voted to replace the property manager, however, Vanguard management told us that they will not have a replacement for the current property manager for several months. Unfortunately, We have to rely on her for help with the budget. The past president relied on the property manager to produce the entire budget. The past president discouraged board members from actively producing financial figures to incorporate into the final budget. The existing property manager completed the whole budget process on her own. This is a problem for us today because the current property manager knows that the majority of the board wants to replace her. Unfortunately, the old president is still on the board and wants to keep her. We believe she tipped off the current property manager that we were voting to replace her.

After the Sept. meeting, when the majority of the board voted to replace the property manager she threatened to resign and told us it was a bad idea to replace her during the budget time. She emailed the president of Vanguard and told him she was resigning and two hours later she sent the entire board an email stating the same.

A week later she sent the entire board another email telling us that she had a meeting with her supervisor and the president of vanguard and they told her that she is staying on possibly indefinitely or for several months until her replacement becomes available. I emailed the president of Vanguard three weeks ago, voicing my concern about her working on our budget. Mike Dorociak, the president of vanguard has not responded to my concern or gave a date for replacing our current property manager.

Is there any government agency or federal auditor that I can contact to come in and look at the financial situation? As previously mentioned, A year and half ago everything was financially stable, no deficit and now we have a 60 thousand dollar deficit. I believe the ex-president and the property manager concealed the deficit and is making it look like the deficit occurred under the new president. The ex-president, who is still on the board was president for the past 15 years and was devastated and put up a fight when the majority of the board elected someone else as president. I am fairly certain she is holding out to regain the presidency next year and planning to bring back the current property manager. We have little legal recourse until we hire a new attorney, because the property manager under the old president hired the existing one. Any helpful advice would be appreciated.

Thanks,

Kevin
MaryA1 (Arizona)
Posts: 388
Posted:
Kevin,

The BOD can contact a CPA; I'm sure he would be very happy to help you out.

BTW, there is nothing wrong with the PM preparing a budget; however the board members should have the right to make adjustments and offer input and, of course, the board must vote to approve it.

IMO, the prop mgmt co should be bending over backwards to fulfill your needs for a new PM. They can also be replaced you know. I would let them know that if they cannot provide a PM w/i so many days or weeks the BOD will actively seek new management. There is no reason why the HOA should have to wait several months for a new PM. Also ask if there is someone in their financial services dept who can assist in the prep of a budget. If this is a service provided by the mgmt co, under your contract, there is no reason why you should have to hire a CPA to do the work.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Kevin - why is your post titled Federal Audit ??
PeterB1 (Florida)
Posts: 257
Posted:
I makes sense to consult with and receive advice from your PM. BUT, it does not change the fact that the Board is responsible for the budget, expenditures, and everything in between.

"The Property Manager made me do it" is not an excuse for a $60,000 deficit.

peter
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Because Kevin was looking for a government agency or federal auditor. They don't exist. He needs to hire someone to go through the books, or do it himself.
DarleneB2 (Washington)
Posts: 9
Posted:
Steve,
We are a small HOA, but no matter the size, there was a new board effective January this year. This new board asked be to step in as vp to help out. Basically the Treasurer and I have been doing the whole stuff. The old board were upset with each other and other lot owners ,etc etc. I new that some owners would be gossiping as to "Where all the money went, blah, blah, blah" so I audited the account and came in .11 cents!!! I showed the audit at the meeting along with the new treasurer's budget so the one's that happened to show up to complain, had nothing to complain about. I would have you go back and audit the bank balance, deposits, etc. I did this through excel spreadsheet. I would have you and a few of the board members go through a portion each and see if the deposits line up and the checks that cleared were issued to what was written down in the check register book. This will give you peace of mind of EXACTLY where the money went, who the check was paid out too (not just written in the register)
Darlene
LisaS (Illinois)
Posts: 341
Posted:
I fully agree...you need a professional to track your accounts and find out wher this went awry.

The next course should be why it happened. Was it a simple mistake, or was it fraud in some manner? Our HOA carries insurance for crimes, E&O, etc. Does yours? The President may not be legally personally liable (as a Board member) unless he 'willfully or wantonly' committed this act, but there is a responsibility here. I would also take the results to Vanguard if the manager gave obviously poor.mispeading advice and ask them what they plan to do. that kind of an error give you substantial leverage to get someone new in!
KevinB6 (Illinois)
Posts: 36
Posted:
Susan,
I was originally asking if there was a federal or state agency that regulates associations or management companies. It turns out that there is not any. I wanted an Independent audit of our books done.

KevinB6 (Illinois)
Posts: 36
Posted:
Peter,

I agree, that the board is responsible for the budget. However, if some of the spending is concealed or not recorded on invoices there is no paper trail to follow. No figures to add. We hired the management company to pay out and keep track of invoices, not play money games with our ex-president.
KevinB6 (Illinois)
Posts: 36
Posted:


Lisa

Thanks for your response, that is exactly what I am trying to figure out. To me, it looks like some of spending might have been hidden and no paper trail for the expenditures. I want to hire a professional to come in and do an audit. I was hoping there was some type of government agency to ask for help. Vanguard our current management company is of little help.

thanks,
Kevin
KevinB6 (Illinois)
Posts: 36
Posted:


Darlene,
I am glad that you were able to conduct your own audit. We are trying to account for the undocumented expenditures. Vanguard has not been forthcoming with the documentation that we requested. We will probably have to hire a professional.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Kevin ... with that amount of deficit I would recommend a thorough professional audit. This would also insure a neutral party reviews everything.

I do have a question in that you mention old property manager and new property manager along with referencing both with regards to Vanguard management. So I guess my question would be are you using the same management company just replacing the property manager? If so you may want to consider changing to a completely different management company ... or possibly doing so depending on the audit outcome.

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