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DonM12 (Hawaii)
Posts: 1
Posted:
Our management company submitted a budget which the board did not approve for several months. The board knew the budget was significantly understated based on existing contracts and contracts that were submitted within days after the budget was submitted by the board. Our management company estimated we would have a reserve of $1.4 million.
In fact our reserve is $500,000 less than estimated, and the board did not even spend
$859,000 budgeted. That is a difference of almost $1.36 million. Additionally we have discovered that our deliquencies are in excess of $200,000. While we can find no theft or illegalities, the owner want to know what actions we could take with an expectation of success to recover some of this money. This would see a serious breech of fiduciary responsibility.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Collection proceedings could be started (they may already have). This would of course incur some additional expense in legal fees until the money is recouped. If the units are in foreclosure, the Association might not ever get the money for unpaid assessments as HOA's are typically paid after the mortgage holder.

The other action to cover the expenses would be to raise assessments or pass special assessments for individual projects. Your Associations governing documents probably have some limitations built into them and should be referred to.

As a member, I would start attending Board meetings to observe and see why collections are not happening or successful. If the members disagree with the Board, then they should step up and offer to serve on the board or perhaps a finance committee to review options. If enough members step forward and are willing to do the work, the management company could be let go and the Association could become self managed. Note: depending on the size and complexity of your development/complex this could be far more work then volunteers are willing to do for free.

Tim

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