Gift Cards

Need your help, no one seems to be able to give me a direct answer. I am part of Board in Florida. We have a gentlemen that volunteers in our community and does many of our minor maintenance work. Many of the homeowners have suggested on the Board giving him a gift card. Is this legal.

It's virtually impossible to say without knowing more. As a general rule, my modest research indicates that it is most likely legal from the standpoint of any governments (fed/state/local). Most laws either seem to say nothing or just speak to a framework of how to lay out CCRs and bylaws, but little about what an HOA can do with its own funds--just as most companies or other organizations. Next comes your association's documents. There's probably some statements around what capacity/discretion the board has in using funds, but from the few I've seen, most don't speak clearly enough to specific, low cost issues like this to prevent you.

My non-expert guess is that a board can do such a thing. Most everyone who knows this guy's contribution will be okay with it and a few will be up in arms over it. If that fallout is okay with you, then I think you could do it.

What about all the other volunteers?

I just think it starts a bad precidence (sp?)

Either pay him hourly or not, but don't give him $$ for volunteering.

Where does the money come from? All monies collected must have a line item for it's collection. Florida statutes prohibit compensation to Board and Committee members. While he appears to be neither it does flirt with the intent of the law.

Without proper licensing or insurance?

The only reason why I say have an invoice and a check paying the invoice is to avoid abuse. There needs to be a paper trail. If the HOA started buying gift cards left and right for people, no records, there is likely to be abuse. Tomorrow they will buy a gift card for ed, then frank, then start issuing gift cards to themselves etc.

Dont go down that road.

Keep it simple. Someone does work, invoice, payment. Done.

JonD1...things in a HOA aren't as simple as they seem. Take a note from the $15,000 dollar hammer the government buys all the time...

I think there is a time and a place for a gift card. Not knowing this HOA first hand, but getting the jest from the poster, this would be the time and place for a gift card. However, not to sound cold but from a business stand point it isn't necessarily wise to participate in such practices as a common expectation. I site looking at the "Oscars, Tonys, or Music awards" as a guide. We now have award shows for actors and musicians every year in big granduer and it's a tragedy if they get cancelled or even toned down due to world events. I know that example is extreme but you can get where it is going...

Sometimes the job is it's award itself. That's how I took my President position. I couldn't be more happier than when I did my job even though I could get compared to "Hitler" for doing so...Get to know the reason behind the volunteer effort before bestowing such gifts. I know I've been to way too many "charity" events where the person who paid the cash and never showed up to the job site, got the plaque...while the people who did the work applauded...So it can be a slippery slope on which to apply one's gratitude...

As far as accounting for the money...ask your accountant where this cost would be applied to if it were to be paid. It may be for supplies or consulting work. There is always a money trail and the best way to politicize is the best policy in my book...lol

JonD1,

I can only speak from my knowledge and experience which is different, though not inferior, to yours.

No one works on any common elements that does not have proper insurance and licensing.

Were just 'crazy' about protecting our assest I guess.

Hi MC:

I agree with Steve … it is nice gesture but may pose problems in the long run. The individual is a member of your community and therefore just like you, Donna, Steve, Susan, etc. we are all volunteers in some fashion doing work within our associations.

My recommendation would be for the homeowner’s themselves to maybe pass around a hat and anyone interested chip in for a gift card from the neighbors instead of association as a special thank you for the extra hard work on their behalf.