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DennisW4 (Florida)
Posts: 6
Posted:
a Homeowner is pushing the Board to present to a past Board President, a gift card with a cash in value of xxxx amount of dollars for service on the Board. Our Documents do not allow for compensation for service on the Board. New Fl Statutes effective July 1, 2010, Chapter 720.303, #12 Compensation prohibited, states in part; a Director or officer may not in any other way benefit financially from service in the association. Is there something I'm not reading in this statute that would allow for such a monitary gift?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are they still on the board? It's a nice gesture but maybe NOT using the HOA funds. Ask them to donate their own personal money to the gift card but not the association funds. I don't think this falls under HOA responsibilities.

Remember the association funds are EVERY members money and NOT just the boards. So unless a majority of homeowner's agree to spend their money on such a gift or social event, it's a no go.

I would ask the person to ask it to be a personal donation and may be present it at a meeting for everyone to enjoy but making sure it is done AFTER official business.

Former HOA President
PeterD3 (Florida)
Posts: 708
Posted:
ILLEAGAL with HOA funds. Period!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Dennis,

My first reaction to this s that a precident would be set for gifting former Board members, which is a really bad thing to start. Associati funds may not be used per the new Statute. So unless the other Board members want to dummy up the funds, then it is a "no go". Remember, if you do it once,the next guy to leave office will expect it as well. The homeowner pushing for this must be a friend/
SusanW1 (Michigan)
Posts: 5,202
Posted:
Our subdivision gave a gift basket to a board member after serving for 25 years. It was donated.

I don't know if you have a social budget, but sometimes things like this can be posted against that.

Tough call.
DennisW4 (Florida)
Posts: 6
Posted:
PERSON TO RECEIVE IS EX OFFICER. YES, FUNDS BELONG TO ALL HOMEOWNERS. THANK YOU FOR YOUR THOUUGHTS
JonD1
Posts: 2,350
Posted:
Just wondering with all the XXXs tough to know just what amount of money we are talking about? Is it an amount really worth discussing or would ANY amount cause this to be an issue?

Just watch is the annual budget of your property?

Did this person do a good job? Did they serve your property well?

And just to be clear why is this an issue that YOU seem to be involved in? Where do you stand?

How many years did this person serve? How many things did they do to protect or serve YOUR property? And then I have to ask how many years have you volunteered your time?

And this gesture has been proposed by the other members of the Board serving with them?

Yes there is the letter of the law. No compensation for those serving on the Board. Period end of story. But there is also the meaning of the law no one should be paid for the services on the Board. There is quite a difference.

On our property during the holidays we present small gifts to those that service our property NOT to compensate them for 12 months of work but to send them a message they are or were appreciated and their efforts protecting MY most valuable asset are valued.

If someone serving the property has a loss in their family we send flowers out of consideration. Is that then permitted?

IMO there are circumstances when doing the ILLEGAL thing might just prove beneficial. But some can feel free to read the letter of the law and find behavior they determine uncalled for and rather than sending a message of "we appreciate all of your efforts" why not send " you deserve nothing. Not even our gratitude.

Is it lost on some that this person served ALL the owners not just those serving on the Board?

Under the letter of the law postal workers are not allowed to accept gifts. We give them gifts. The town worker who on X-Mas morning met with me and stood in knee deep water in freezing weather while turning off the main water line was given a token gift for his efforts allowing us to make the necessary repairs. I guess we acted illegally.

I guess when some folks come to retirement age after giving their best effort better to have the boss or employer just show you the door and leave. Rather than a simple thank you for the time you have spent serving us. You know the old gold watch thing.

Do you really believe the mysterious amount will even begin to compensate them for their efforts? Get real.

And of course this IS the most important issue facing your property.

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