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RebeccaS1 (New York)
Posts: 20
Posted:
I just saw news that an executive at Saparn Realty management company in NYC was arrested for stealing reserve money. I've also seen news of board members stealing from their the communities.

How do board members prevent this? I know the people in my community would blame the board members if something like that happened to us.
MissyP (Alabama)
Posts: 63
Posted:
You don't prevent it. That's a waste of time, money, and effort. What you do is deal with it when it happens. If something like this happens do you have insurance in place? Know the appropriate legal steps to take? Have the appropriate lawyer? It is NOT in the prevention but in the cure HOA's need to focus on.

This was NOT the HOA it was the Management company. The management company is responsible as a contractor/3rd party to the HOA. They will have to make sure to be involved in recovering the money or that individual once prosecuted.
JonD1
Posts: 2,350
Posted:
Could not disagree more.

Your job should be to protect the community from something like this. My suggestion, involve yourself directly and do NOT simply turn the property over to the MC.

Prevention of theft and abuse IS part of the Board's job. Not sit back and wait till after the fact and THEN act.

Easier to keep the car on the road rather then having to pull it out of a ditch after you did not bother to see where it was you were going.

You should and MUST have a clear understanding of the MC's role and what they do and why. And you must understand the MC works for the Board they ARE NOT to do the Board's job.
JeanneK3 (Maryland)
Posts: 562
Posted:
Rebecca:
It most certainly is the Board's responsibility to protect all of a community's assets. Things like carefully reviewing Financial Statements and having 24/7 read-only access to all operating accounts is a start.

You can't count on liability insurance to reimburse stolen funds. In Maryland,when a management firm closed doors and $2 million in reserve funds was frozen by their bank, those associations were not reimbursed by insurance and had to initiate law suits to get the bank to release their money. Unfortunately, when a law suit is in progress is it almost impossible to sell a home in the community. I know of two associations who have withdrawn their lawsuits and are taking $100,000 and $25,000, respectively, as a total loss.

And yes, the community will take out their anger on the elected Board because the Board was not doing its job.

As I mentioned earlier, Maryland has a bill pending to license managers which I totally support.

Jeanne

Jeanne
FrankS10 (Kansas)
Posts: 276
Posted:
Totally agree with Jon that the Board must do everything possible to prevent this by being involved, regular audits and constant over-sight.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RebeccaS1 on 01/26/2014 4:08 AM

How do board members prevent this?

Trust but verify.

The Treasurer should spot check the banks balance.
The Treasurer should be the one to reconcile the accounts.
The MC should never be given full access to the money (in my opinion).

As far as other board members go,
Same thing, trust but verify.
When they are asked and agree to do abc, verify that abc was done.
If abc wasn't done and they say that it was, you have an issue
If abc wasn't done and they say it wasn't done, offer to assist.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By TimB4 on 01/26/2014 5:54 AM
Posted By RebeccaS1 on 01/26/2014 4:08 AM

How do board members prevent this?


Trust but verify.

The Treasurer should spot check the banks balance.
The Treasurer should be the one to reconcile the accounts.
The MC should never be given full access to the money (in my opinion).

As far as other board members go,
Same thing, trust but verify.
When they are asked and agree to do abc, verify that abc was done.
If abc wasn't done and they say that it was, you have an issue
If abc wasn't done and they say it wasn't done, offer to assist.

IMO it should not be up to the Treasurer alone to verify the financial statements. The more eyes on anything the better the chance to see.

Our former MC was charging us for office supplies each month. A long list of expenses was given to us and when someone ook he time o do the math we were being overcharged. Not once but each month. he numbers simply were not added up correctly. FORMER being the key phrase.

In our case the Treasurer, VP and myself have access to all the accounts online. We can see what was done, when and why. In the past we have caught overpayments, CDs coming due, bank fees which could be avoided, and in one case a check which was drawn out of our account twice.

We are provided bank statements, check ledgers, along with other financials each month. Sadly, many on the Board can't be bothered to review these but enough do to ensure things are being verified.

Each check issued is sent to the Treasurer for her signature, a copy of the invoice provided for her records.

In most cases when something improper has taken place the Board has failed to do their jobs and allowed it.

No one watches your money like you can or should. Whenever you turn a blind eye and take the easy route you might leave yourself at risk and your entire community.

TimB4 (Tennessee)
Posts: 21,059
Posted:
I said the Treasurer because that function is normally the Treasurer's responsibility. However, I agree, as long as there are procedures in place, having as many eyes on the finances as possible, the better.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
very simple solution:

the treasure should sign every check PREPARED by the MC

this could be done once a week and would take 20-30 minutes maximum

only members of the BOD should be signatories to the bank account(s)

the signatories should be 'bonded' for full $

case closed - simple
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Each check issued is sent to the Treasurer for her signature, a copy of the invoice provided for her records.


the posts 'crossed'
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
One great think our President does is watch our money. We receive all Association Fees, and stamp for deposit only before our PM even sees the checks.

Our President approves all bills then we give the bills to the PM to cut checks which are returned to us for the President to sign. After the President has signed the checks, we return the checks to the PM to mail and file.

We have got to tweek this a little bit as it caused us to have a late payment fee on one of our utility bils.

In my opinion we should let our PM sign the checks after they have been approved. We could get the checks in the mail much faster this way. But our President will not go for this.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By BonnieG1 on 01/26/2014 1:22 PM

In my opinion we should let our PM sign the checks after they have been approved. We could get the checks in the mail much faster this way. But our President will not go for this.

Nope, That would be giving them full access to the money which, in my opinion, is never a good idea.

Perhaps the PM can prepare the check and mailing envelope (addressed, stamped, etc.) at the same time. This way, the checks can be signed and mailed without the need to go back to the PM.

CarolR11 (Colorado)
Posts: 2,563
Posted:
Our Board of seven is sent all of the financial reports every month for our review. They're supplemental materials to our monthly directors report or packet. The Finance Committee also reviews them.

I'm not sure that anyone except the treasurer and I actually review all of them. And I'm not so sure about the treasurer! I suspect most just review the spreadsheet of summaries of various reports. I mainly look for anomalies since we're a really complex HOA that writes lots of checks each month.
BanksS
Posts: 403
Posted:
Quote:
Posted By BonnieG1 on 01/26/2014 1:22 PM
One great think our President does is watch our money. We receive all Association Fees, and stamp for deposit only before our PM even sees the checks.

Our President approves all bills then we give the bills to the PM to cut checks which are returned to us for the President to sign. After the President has signed the checks, we return the checks to the PM to mail and file.

We have got to tweek this a little bit as it caused us to have a late payment fee on one of our utility bils.

In my opinion we should let our PM sign the checks after they have been approved. We could get the checks in the mail much faster this way. But our President will not go for this.

Why don't you set up auto payment withdrawals for the regular monthly bills like utilities. This is what our HOA does. It saves time and money.
JoK2 (California)
Posts: 198
Posted:
Quote:
Posted By JeanneK3 on 01/26/2014 5:34 AM
Rebecca:
It most certainly is the Board's responsibility to protect all of a community's assets. Things like carefully reviewing Financial Statements and having 24/7 read-only access to all operating accounts is a start.

You can't count on liability insurance to reimburse stolen funds. In Maryland,when a management firm closed doors and $2 million in reserve funds was frozen by their bank, those associations were not reimbursed by insurance and had to initiate law suits to get the bank to release their money. Unfortunately, when a law suit is in progress is it almost impossible to sell a home in the community. I know of two associations who have withdrawn their lawsuits and are taking $100,000 and $25,000, respectively, as a total loss.

And yes, the community will take out their anger on the elected Board because the Board was not doing its job.

As I mentioned earlier, Maryland has a bill pending to license managers which I totally support.

Jeanne

Jeanne

How did it go on Thursday? Thanks
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Trust...... but verify.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
.......stealing reserve money. I've also seen news of board members stealing from their the communities....... How do board members prevent this? I know the people in my community would blame the board members if something like that happened to us.


For starters, dont give the mgmt company access to the reserve fund. They dont need access. It should be setup as a separate account, even a separate bank if the bank cant separate online access to prevent the transfer of funds. If they need reserve money, they need to ask the board for it. The board can write a check to the operating account. Incoming checks should go into a separate, deposit only, account that the mgmt company does not have access to.

The operating fund should be controlled by the mgmt company and only have enough money to operate the HOA. This is the only money they should be trusted with. The board should regularly transfer funds into this account from the incoming checks account to run the HOA.

As for board members stealing funds, there needs to be checks and balances. Form a finance committee who's sole job is to continuously audit the books. Every month, quarter or 6 months they need to look over everything, original bank statements, etc. Make sure everything looks good. If its done on a regular basis, it shouldn't take much time.
JebbyJ (New Jersey)
Posts: 2
Posted:
"Do you trust management and your fellow board members?"

Hail's NO!

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