Kickbacks

Started by JillS6 • 13 replies • 1898 views

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JillS6 (Arizona)
Posts: 10

Posted:

Any ideas on how to prove kickbacks? Signs of it may be an over padded budget prepared by the thief, overpaying 25-50% on repairs/services...but proving it - how to get the vendors to turn in the board member collecting the $...would turning them in for unlicensed repair work, or not paying taxes help force their hand?

CarolR11 (Colorado)
Posts: 2,563

Posted:

Who/what officer is the "thief' who prepares the budget? Or is it a property manager? Does your board typically accept bids from unlicensed contractors? How would you know if the contractors are or are not paying taxes?

Sorry to be terse, but it seems like we need more info and I'm on my way out the door.

JillS6 (Arizona)
Posts: 10

Posted:

Long time board member does the budget. I was told all contractors had to be licensed, but found out it is not true. One contractors invoice says 'tax exempt - out of state', therefore no taxes paid and we are all in state.

JonD1
Posts: 2,350

Posted:

Quote:

Posted By JillS6 on 05/25/2013 10:57 AM
Any ideas on how to prove kickbacks? Signs of it may be an over padded budget prepared by the thief, overpaying 25-50% on repairs/services...but proving it - how to get the vendors to turn in the board member collecting the $...would turning them in for unlicensed repair work, or not paying taxes help force their hand?

Jill:

Seems to me you would need to give us more information than you have provided.

Do you have an MC?? Are bids for services put out?? Who reivews these bids and if so who decides to whom they will be awarded?

And without offering what I would consider proof you have already decided to label people as thieves. "overpaying 25-50% on repiars and services" just how have you made that determination?? I would be interested.

Are contracotrs required to be licensed in your area for ALL repairs? And tax collection by the state who federal government who be their responsibility as the HOA does not really have a role in enforcement.

I have to wonder if there is a Board in place?? Are you a member of that Board? And is it your claim one person has the power to determine who gets the work, inflates their prices to enable payments back to this Board member and the rest of the Board and the homeowners turn a blind eye to all of this????

I would hope you might provide facts and details rather than statementrs that suggest wronging by don't prove as much.

If the Board feels they are paying more than a fair amount for a contract they have the ability to change service providers. If the Board members or home owners feel things are being handled improperly change the Board, change procedures, take control over the process you suspect is wrong. Rather than going on a wild goose chase to PROVE kickbacks in the hopes of accomplishing what????? Proving a point??

JillS6 (Arizona)
Posts: 10

Posted:

No, it's not just proving a point, it's holding people accountable for their actions. If a board member gets kickbacks, they can also get jail time. Hence the question...

MelissaP1 (Alabama)
Posts: 13,836

Posted:

How did jail time get involved here? Violating a HOA law/rule does not equal going to jail. It's mixing apples and oranges. If this person is indeed a "thief" you call the police or report it to the District Attorney's office. There is no such thing as "HOA jail".

If you feel so strongly about this, then you go report it to the right authorities and stop hiding behind the HOA. Call the Better Business Bureau and ask them for advice. Any way you slice it, this is a REAL WORLD issue and that is where the legal consequences will be played out. Your post leads me to believe there is more to this story than you are willing to say. Which leads me to doubt there is any "Kickback" scenario really going on. Starting to sound like a personal issue you have against someone on your board. That's just my opinion considering I don't have much facts to go on....

Former HOA President

JonD1
Posts: 2,350

Posted:

Quote:

Posted By JillS6 on 05/25/2013 11:52 PM
No, it's not just proving a point, it's holding people accountable for their actions. If a board member gets kickbacks, they can also get jail time. Hence the question...

Jill neither YOU nor any other single person can make the determination as to when someone might be sentenced to jail. Simply sounds like wishful thinking on your part. When it would depend on whether or not there was a crime, whether or not the police determined they had enough to arrest, whether the DA determined there was a case strong enough or violations of the law severe enough to charge this person and prosecute, and then you need to prove guilt and see if a judge is willing to hand down a sentence sentence. Lot of IFs, MAYBEs, MIGHTs, that you now assume would take place.

My question would be do you want to fix the problem or are you looking for revenge? My number 1 goal would be to stop any abuse if in fact ot does exist. What you have detailed thus far is a far cry from a criminal matter.

Allowing contractors to perform work without a license is not a criminal matter. Overpaying for services is not a criminal matter.

I have to question what your motivation here is. And chasing jail time for people serves the property how???

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By JillS6 on 05/25/2013 11:23 AM
I was told all contractors had to be licensed, but found out it is not true.

You should first understand that not all persons performing work for your association need to be licensed. The Arizona Registrar of Contractors issues licenses for some construction professions but if the work does not involve construction then a contractor's license is not normally required. For example, no contractor's license is required to cut grass and prune trees; no license is required to change light bulbs. In addition, no license is required if the work done falls below a certain dollar amount, which I think is $800.

Quote:

Posted By JillS6 on 05/25/2013 11:23 AM

One contractors invoice says 'tax exempt - out of state', therefore no taxes paid and we are all in state.

A person from out of state doing work in Arizona that requires a contractor's license must have an Arizona contractor's license.

I do not follow what you are saying about the taxes. There are many kinds of taxes. What kind of taxes are you referring to and how would you know whether the contractor has paid them or not? Or are you saying that your association owes taxes and has not paid them?

NormaS (Illinois)
Posts: 6

Posted:

I have the situation that while my HOA president was getting estimates for work to needed by my front door my Ring camera recorded the encounter the 2 contractors both told her the same price for the work. A year had passed and she sent the board the new proposal for the work at twice the price, Unfortunately I fail to preserve the other encounters to my computer so I have no proof of the other pricing. I believe she is getting kickbacks. Its her word against mine and I dont know what to do. Advise please?

MichaelT21 (Arkansas)
Posts: 462

Posted:

My advice would be to start a new thread rather than add on to one that is 9 years old.

NormaS (Illinois)
Posts: 6

Posted:

Thanks Micheal I took your advice.

MaxB4
Posts: 3,513

Posted:

I particularly like the second post..Sorry to be terse, but it seems like we need more info and I'm on my way out the door.

Sounds all too familiar

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jill

Come up with proof versus accusations other wise shame on you.

MichaelT21 (Arkansas)
Posts: 462

Posted:

MaxB = CarolR?

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