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GordonS (Florida)
Posts: 10
Posted:
Last complaint...but we need help. HOA President unable to account for missing 80K in our reserves.
Live in a family community where most people just work and take care of their spouses and children. They do not want to hear the problems, like the 80k missing from our reserve. President has a pen and checkbook and dictates how our management company will run.
I am a professional and care about my community. I don't want my hard earned money going into this presidents hands. I want to set up an escrow account where my quarterly payments will be made. Just don't want this president spending my money for things he cannot account for.
Many of us are up on his way of thinking. But he brings in his neighbors that he brain washed and all they do is yell, point fingers at the few of us who want answers and are aware of whats going on,
So here is what I want to know. Can I legally set up an escrow account with my bank and send them my quarterly fees? I just don;t want this president to have access to my hard earned money.I have no mortgage on my home so I am not sure about any liens. I do not forsee my wife and I moving, as we plan to stay in our home forever.
Once (IF) this current president is voted out, I will then send my quarterly maintenance funds back to our previous management company of 18 years. who will be brought back in the event our current president is defeated.
It is a sad situation here where most of the homeowners are not updated/ educated on what is going on.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA is ONLY funded by it's members for it's members. Setting up your own "special" account isn't going to resolve the spending habits of the HOA. Where do you think you and your neighbor money goes? It goes to pay the bills of the HOA. Which includes paying the management company their share. Which by the way is supposed to be directed by the BOARD/President.

Has there been any improvements or repairs made? How do you know the money is gone? Seems you should have an idea of what the bills are of your HOA and an understanding your dues contribute to paying those. Maybe ask the MC where that money could have gone?

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GordonS on 09/15/2011 7:31 PM

Can I legally set up an escrow account with my bank and send them my quarterly fees?

I am not an attorney and I do not work within the legal profession. Therefore, I cannot speak to the legality of the escrow account. I believe that if you did set on up it wouldn't solve the problems you speak of and will most likely cause you additional problems.

I would expect that if the Association did not receive your assessment payments they would probably consider your account delinquent. This could prevent you from voting in HOA elections and prevent you from having access to the amenities provided by the Association. Additionally, you will probably be charged late fees and other penalties. If the Association decided to send the issue to their attorney you would probably incur legal fees. Worst case, the Association might be able to foreclose on your property.

The proper way to address the problems you mention is to get involved with the running of the Association. Solicit proxies from your neighbors and effectively vote the bums out.

Tim
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Can I legally set up an escrow account with my bank and send them my quarterly fees?


No, the HOA will foreclose on you for not paying dues. Start going to meetings, start a letter writing champaign letting "all" homeowners know you went to a meeting and brought up the question of $80,000 missing to the board and they said they didnt know where it went. And that dues will likely need to double to make up the difference. (This gets people's attention)

Its likely very few people pay attention to anything the HOA does. They dont care. Once you mention dues will need to go up, people get involved very fast.

PS. If the money is truly missing, contact your state's attorney general or local district attorney. You may be dealing with criminal activity.
BradP (Kansas)
Posts: 2,640
Posted:
Well, this is America and I bet you can find a lawyer you will help you set up this escrow account. Problem is I see you coming back in a couple months with the title "help in Boca, being charged late fees" and then in a year "help in Boca, foreclousre process started".

The only real way to combat this is to start going to meetings, make your voice hear, educate your neighbors and change the dynamic of the board. If you have real suspicions that 80k is missing, file a police report. Putting gum in a oil leak on a car may sound like a good idea but watch out for when the engine blows.
NoO (Alaska)
Posts: 21
Posted:
With out reviewing you ByLaws and Covenants, I would make this statement.
1st, Brad, Tim and the others are correct in their assessment. However, you can request an audit. Also, you can request a special meeting and attempt to get the number required to call for the President to be removed and a special vote for a new President. This is the approach I would take. Send out letters to state a campaign

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