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RB4 (Illinois)
Posts: 15
Posted:
We are an Illinois Gen'l Not for Profit, tax exempt Corp. Just recently discovered a boardmembers son was hired to do summer work, paid $10.00/hr. This is the second, possibly third year, that this person has been getting paid by the board to perform work that was not advertsised/made known to other homeowners(except boardmembers). The expenditure was not itemized on the P&L, rather it was just another landscaping expense. I called IRS, the specialist for TE/GE provided info should I decide to proceed with a complaint. I suspect the board will use the D & O insurance to defend their actions, is it even worth trying to fight them? Thank You.
MoM1 (Massachusetts)
Posts: 56
Posted:
What sort of work did this individual do? It sounds like their could have been some sort of landscpaing type work done. Did you think there would be a line item in the financial statements that said "Board members child expense"? While not advertising the job opening to the general membership and possibly the general public could be construed that the board did not fulfill their fiduciary duty, I don't think you have much of a legal leg to stand on. Also, if the association followed the correct procedure regarding the payroll aspect of this worker; ie, withheld and remitted taxes properly, issued a w-2 at year-end, etc. who the parents are, is not really the IRS' fight.

What I would recommend is that at the annual owners meeting you go with a list of questions regarding the job. Where was this job advertised? Where is the job description? What were the qualifications? Who did the interviewing? Where did the pay and employer expenses for this job fit into the yearly budget? Make the board defend this hire to the owners. Depending on the sentiments of the other owners and figuring out how much work it is to change your governing documents, you could put in a by-law, rule, restriction, etc., that the association shall not hire any family member of a sitting board member.
SheliaH (Indiana)
Posts: 6,964
Posted:
Have you talked to the board about this - if not, that's where you should start. What was the guy hired to do? Did the work get done? Was it satisfactory? Did the board try other methods to find someone to do the work before hiring the son (such as putting something in the newsletter about looking for hired help so the children of other homeowners might apply for the job)? Did the parent refrain from participating in any discussion about hiring his/her son? Did he/she abstain from voting to hire the guy?

I don't know what you mean by your statement "I called IRS, the specialist for TE/GE provided info should I decide to proceed with a complaint" - were you talking about THE IRS? I would be concerned if the board didn't provide tax information on this employee because the income is taxable (in fact, add that to the list of questions above).

If you don't get a response or the response is vague, you may want to discuss this with other homeowners to see how they feel. If all of you approach the board, it will have to change its tune. In the future, I would suggest that the board prepare a policy that addresses situations like this.

I believe board members should always watch for actual or implied conflicts of interest in their work - if something exists, they should disclose it immediately and if it can't be resolved, the board member should refrain from participating in any discussion on the issue and abstain from voting.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RB4 on 12/05/2012 8:50 AM
is it even worth trying to fight them? Thank You.

It depends. What is it you want them to do differently?
Will making an IRS complaint accomplish this or is there a better method to achieve the same result?
JonD1
Posts: 2,350
Posted:
Sounds like much to do about nothing. If there was one position and it was filled just what purpose would it serve to now seek applicants? Yes we could spend several months with the hiring process and around Labor Day we could make a decision.

And if this kid was hired in years past, knows the job, is familiar with their duties that makes it easier. Understanding the major $10 per hour expense the Board is making.

Then in a moment of free time this requires contacting the IRS! Insanity!

IMO some people just live to "discover" what they percieve as "wrongdoings" because it doesn't sit well with THEM. When in fact they lack the ability to see any other position on the matter.

Let it go. And try your best to not contract the federal authorities when it comes to some kid working a Summer job.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
RB

Might we assume this is not your first run-in with the BOD and/or President?

Also do you realize there is something called General Labor that basically says if you pay someone less then $600 per year, you do not have to report to who you paid it like in no need for a 1099 to the person.

Yes by all means draw the attention of some IRS bureacrat to your association.

Well done RB......LOL

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