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TomE4 (South Carolina)
Posts: 26
Posted:
I need some advice. When a management company receives assessments from a homeowner, what dictates where they should put that money (i.e. which expense account or reserve account should it go into?).

Do they allocate money to specific expense or reserve accounts based on what the board tells them, what's written in the covenants, or both?

What if the board tells them to do one thing, but the covenants clearly say something else. In that case, must the management company follow the covenants (I would think that would be the case, since that's a legally governing document).

If the management company does NOT follow clear "instructions" in the covenant and instead does what the board tells them, can they be sued for not following the covenants?

Regards, Tom
RobW (California)
Posts: 279
Posted:
It depends on the state and the specific situation, Tom, but the management company performs duties at the direction of the board, and - hugely important - according to the terms of their contract with your association. If you were to read the contract fine print, I'm pretty certain you will find all sorts of disclaimers about their liability when performing those duties, whether they're asked to do something that might conflict with your governing documents or not. Unless they are asked to do something illegal, you may find that they have very limited liability (if any) if directed to act by the board.

Rob
SusanW1 (Michigan)
Posts: 5,202
Posted:
...And if any of them do this deliberately, there could be real repercussions down the line.

Can you be more specific? Does it involved funds to be placed into Reserve Funds/

DavidW5 (North Carolina)
Posts: 565
Posted:
Are you saying that your CCR's specify how the monthly dues are to be allocated to the operating and replacement reserve accounts? If so, I think that is highly unusual.

Our annual budget process determines the amount of the monthly assessment that is to be transferred to the reserves, based on the reserve balance, the reserve study forecasts and funding decisions by the board. The management company follows the allocation in the budget and transfers the appropriate amount to the reserve account each month. The balance of assessments collected remains in the operating account and is not allocated down to any lower level budget line items.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Tom,

We only have two accounts, 1 checking and 1 savings. We do have line items for our reserves but don't require that separate physical financial accounts be created.

Our bookkeeper puts everything into the checking account. Our Treasure will move money from checking to savings and vice versa as needed. Our Treasurer identifies how much of the Assessments each year is allocated to reserves based on our reserve study and the boards approval of the budget.

Our bookkeeper informs the Treasurer of each deposit and provides copies of the deposit slips. Our Treasurer creates any financial reports for the board.

Tim
TomE4 (South Carolina)
Posts: 26
Posted:

We have a general fund (site reserve) that everyone pays into (for upkeep
up common areas). Then, each of the townhomes have their own reserves (for
things such as roof repair, siding, etc). In the Covenants, it specifically
states that all amounts collected for the townhomes are to be held in trust and
used solely for the benefit of the townhomes. I should mention we have a mix
of single-family homes and townhomes in our neighborhood.

So, my question is this "Can the board use those 'townhome reserves' for any other purpose, other than for repairs/maintenance of those townhomes?"

Regards, Tom
TimB4 (Tennessee)
Posts: 21,061
Posted:
I would say no they should not. However, I suspect that they could borrow from those funds providing it is made known to the membership that this is happening and that there is a specific time period for the amount to be paid back.

Our developer actually separated the townhomes into their own HOA separate from the single family homes. This prevented a lot of issues. You might want to suggest that as a solution.

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