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DonnaA4 (California)
Posts: 18
Posted:

I'm up to speed on how DS reads in terms of responsibilities generally assigned to the President, Treasurer and Secretary. We are a self-managed property so we do have to cover for each other from time to time. We have a board member who is retired with lots of time on her hands. She wants to do everything from get bid/vendors, sign agreement, oversee work completion, pay the vendor and sign the check. Plus ... all the Treasury duties (nope other 2 board members can't touch) and even control the meeting minutes. She's a bit of a bull in a china shop. Our HOA has not been managed well in the past, no method to the madness. I'd like to put some organization in place so we don't duplicate efforts, have disputes over who's on first, who's on second, do what DS says and above all have checks and balances. She does get things done but not necessarily the best way.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Our Association has the requirements of two signatures on the checks. Typically, the Treasurer and the President. We know that the Bank will cash the checks with only one signature, but this provides an internal control.

The Treasurer is the keeper of the checkbook and other financial files.

The President, per our governing documents, is to be the signature on all contracts.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
DITTO
DouglasK1 (Florida)
Posts: 2,046
Posted:
We used to require two signers for checks, but our bank and others we've checked with say they will no longer require two signers. Now we just have the treasurer (me) sign all checks. We have two board members on the signature card for the checking account, so in theory the other could sign too, but I have the checkbook. We have some of our payments set up for auto debit (power, water, phone), and most others are made by online bill pay. I write and sign a manual check just a handful of times a year. At this point, I'm the only one who knows the password for the online account, but the other signatory could contact the bank and get it if needed.

We keep our reserve savings accounts at a different bank with to different board members on the account. I still get the statements to reconcile monthly. We don't have checkbooks for those accounts and they have little activity, maybe a deposit once a year and I don't think we've ever taken anything out of them.

Escaped former treasurer and director of a self managed association.
NpS (Pennsylvania)
Posts: 4,216
Posted:
We use an MC for Operating account:
All payments approved by Treasurer.
Second Board member approval required for any expenditure over $3k.
Two MC signatures required on any expenditure over $3k.
Like others, the dual signature is not monitored by bank.

For reserve account:
Treasurer holds the checks but is not a signer.
Two other Board members must sign checks (any amount) from reserve account.
Collusion would require participation by 3 Board members.

Operating account and Reserve account are at different banks.
Reserve account bank statements are mailed to HOA PO Box. Only Pres and VP have keys.
Operating account bank statements are accessible to any Board member online.
If at any time, Operating fund balance approaches 90 days projected needs, Treasurer moves excess funds to a MM account. Checks cannot be written against this MM account.

This was not part of some master plan. But it evolved, and it works. It provides us with the best premiums available on our fidelity insurance. And we get a reasonable return on our Reserve funds.

Sikubali jukumu. Read all posts at your own risk.
DarleneN
Posts: 25
Posted:
I'd like to reply on this one. I've been on our board for a few years. The president who finally said he wanted off the board did 'everything' the other two of us I considered lackeys because he only had us there due to the By-Laws. He did things not allowed for the president to do such as writing all of the checks himself. He gave approval to people for things and never told us. Another owner would object and then we'd find out that he said 'go ahead and do that' without even telling us. He controlled all of the money in every way.

When I bought here, I asked to see the books. I did not necessarily mistrust him but after all, someone should be looking at the books and for the nine years this was in existence, no one did that. This guy is an accountant and the bookkeeping was a shame. There is check upon check made out to himself and signed by himself. He says he used his personal funds and then paid himself back. Later, us other two board members discovered that indeed he was paying himself for maintenance. Not allowed on our volunteer board.

I now finally have the checkbook etc. But it took nearly four months after he resigned to get that much from him. Not one single receipt was forked over either and that alone has caused us problems.

Ok, here's what I did instantly. I made a gmail account for all 3 board members. Every service or company any one of us works with is given that email address to respond to. The owners here have all been told that all questions and/or grumbles get reported via email to that email addy. We all have access and I also have those emails forwarded to each of our own personal emails. They are never deleted but fed to 'archive' for posterity. We all see what's going on and the replies accordingly.

We moved our banking accounts. I set things up online and gave the other two board members the necessary password & question answers to enter at any time to look things over. I hold the checkbook and am the only one that signs although all 3 have the right to do so.

I instantly made any constant invoices direct payments and I only write one check a month and then an oddball or two when an unusual job is done. Each of those companies sends an email at month beginning to state what the payment will be and when drawn. They see all of that via our email account and I have given each of them the necessary login information for those online accounts too.

If I write a letter of correction to any owner or a letter to a business. I never mail it until I email a draft to the other board members for either correction or a change they may want.

I saw what one individual person can or does do with rules and money handling without expected teamwork and it was not a good thing, period. I preached 'teamwork' to the two new members and made sure it would happen. We all have access to everything at all times and we all see what owners complain or chat about.

Having run a large company payroll dept. in my working days. I am a firm believer that lack of communication will surely make things awkward and eventually lead to disaster and possible enemies.

I am a retired old lady too, but just the opposite of your lady. Don't let her do that to you, please.

Darlene

ThomasM16 (North Carolina)
Posts: 7
Posted:
I purchased property in a community with an HOA exactly 1 yr ago in NC. Based on the HOA governing documents provided to me before making my decision to purchase, I felt the HOA had adequate restrictions, etc. and was the type of community. I was looking for. I have lived in Communities with HOAs for 20yrs and have functioned in all board positions. I think HOAs serve a great purpose but only if they are managed in accordance with their governing documents.

Since moving to the community, I have made attempts to understand how the HOA functions and how well the Board works. Right of the bat, I noticed there were numerous violations to the DCC&Rs that were not be addressed. I also found there were multiple boards in the community but only one set of DCCR&R and Articles of incorporation. I have been unable to get a clear explanation from Board members about how the HOA is organized and how it functions with multiple boards. Because of these issues, I began looking over the budget and financial information, which has also raised some major questions. One in particle deals with disbursing of funds and writing of checks.

In my previous experience as an HOA board member in several other past communities, all checks were signed by at least one board member and all payments were approved by the President and Treasurer. In my present HOA, I have learned that they employ an individual who lives 2 hrs away and is identified as the "Property Manager". The property manager is paid $3000/yr and only makes 1 or 2 visits per month. I asked a Board member what service the provided and I was told that "He takes care of all business needs. Contracts, paying bills, taxes, legal consult... and much much more. ". This was a huge red flag as the individual, who is not an elected Board Member, is writing checks to himself and has full control of entering into contracts, bank accounts, etc.

I have never seen such a poorly run HOA and I have great concerns about the finances related to the organization of the Board, who does very little and is not fulfilling their fiduciary duties required by the DCC&R and State Law.

I was wondering if this is something others have experienced and how to best address it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ThomasM16 on 10/11/2014 9:54 AM

In my present HOA, I have learned that they employ an individual who lives 2 hrs away and is identified as the "Property Manager". The property manager is paid $3000/yr and only makes 1 or 2 visits per month. I asked a Board member what service the provided and I was told that "He takes care of all business needs. Contracts, paying bills, taxes, legal consult... and much much more. ". This was a huge red flag as the individual, who is not an elected Board Member, is writing checks to himself and has full control of entering into contracts, bank accounts, etc.

Often, although I think it's improper, a Board will empower a MC or PM to perform all administrative tasks for the Association. I believe that this is mainly done due to burn out and apathy. Apathetic members won't volunteer to serve and those who are volunteering are getting burned out and will only continue to serve if tasks can be taken away from the job.

Quote:
Posted By ThomasM16 on 10/11/2014 9:54 AM

I was wondering ... how to best address it.

Volunteer to serve and, once elected, work to correct the issues you see.
Since you have served in all positions for other Associations, you know what works and what doesn't. Put that 20 years experience to work and start making the changes you see needed.

My only advice is don't try to do it all at once. Make changes slowly, over time.

ThomasM16 (North Carolina)
Posts: 7
Posted:
I have done exactly that and have volunteered to serve on the Board in any capacity on 3 separate occasions. The President position has been vacant since I moved into the community but I have yet to be asked to participate. This "Property Manager" appears to be in control and is not even an elected officer. Basically is only handling financial issues and getting paid $250/mth, which seems outrageous to me.

I have had a similar issue in the past with a board that I was involved with. The legacy board members ignored new members and did as they pleased in that case. That situation resulted in legal action against the board by a group of homeowner's, myself included, and it resulted in a settlement by the board in mediation. Issues were corrected and some board members removed, which is all the homeowner's were seeking.

This situation is a little different in that the Board is basically non-existent and do not fulfill their fiduciary responsibilities and 3rd party entity has full control of finances, etc. A very odd situation that I see as a violation of the DCC&R, By-laws and Articles of Incorporation.

But this one may result in legal action as well based on the responses that I have been getting. Thanks for your response.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Hi Thomas
Would you mind sharing:
How many units are in your HOA?
How many board members do your have?
How large is your annual budget?
Are you Singles? Townhouses? Condos?
Thanks.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ThomasM16 on 10/11/2014 12:18 PM

I have done exactly that and have volunteered to serve on the Board in any capacity on 3 separate occasions.

I have to ask, did you make that offer to the Board or the PM?

It could be that you will have to wait until the annual meeting and then get elected to the Board.
ThomasM16 (North Carolina)
Posts: 7
Posted:
It was made to the Board as the Board only has the authority to fill a vacancy as per DCC&R and By-laws.
ThomasM16 (North Carolina)
Posts: 7
Posted:
The first time that I volunteered was when they were soliciting candidates during last annual meeting a year ago and have yet to fill the vacancy.
ThomasM16 (North Carolina)
Posts: 7
Posted:
There are 145 single family homes in the HOA. There are 3 separate communities with each having its own board and a separate Amenities Board. This is according to current Board member that serves on one community board and the Amenities Board in different capacities. There is only one set of governing documents and all fees are paid to the Amenities Board, which is the only incorporated entity. It is very confusing as these is only one Annual Meeting of the Amenities board. I have never seen any thing like it.

The annual Budget for the Amenities Board, which includes all communities is INCOME = 41,5K and EXPENSES = 35K.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By ThomasM16 on 10/11/2014 1:16 PM
There are 145 single family homes in the HOA. There are 3 separate communities with each having its own board and a separate Amenities Board. This is according to current Board member that serves on one community board and the Amenities Board in different capacities. There is only one set of governing documents and all fees are paid to the Amenities Board, which is the only incorporated entity. It is very confusing as these is only one Annual Meeting of the Amenities board. I have never seen any thing like it.

The annual Budget for the Amenities Board, which includes all communities is INCOME = 41,5K and EXPENSES = 35K.

The arrangement may seem unusual at first blush. But if the Amenities Board is the incorporated entity, and that entity is responsible for the overall financial management, I would see nothing wrong with there being sub-committees or sub-boards (or whatever anyone wants to call them) to make localized decisions for each of the three communities.

On the financial end:

You pay around $24 per month.
Of your $24, $1.75 per month goes to the PM.
About 15% of what your HOA takes in goes into reserves (assuming that's where the excess of income over expenses goes).

These numbers do not seem outrageous.

It may be that your HOA has grown comfortable with the current setup, and the Board members do not want to take on any more responsibility. And there may have been a history of conflict between the communities that was resolved by giving each community its own governing body.

If your concern was that services to the community were lacking, then that would be a different story. But you haven't raised that as a problem.

I suggest that you continue to put yourself forward as a board candidate.

And be careful about attempting to re-write something that seems to be working ok for the other members of the community.

Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Thomas

It is not uncommon for there to be multi-HOA's under the umbrella of one Master Association. What the Master Association often offers is amenities for all to share like pools, tennis courts, bike paths, etc. that each individual HOA may not have nor can afford to have on their own.

Each HOA may have a different cost structure (annual dues) such as their own amenities, desired level of service, etc. Typically each individual HOA will pay an amount to the Master based on whatever formula (square footage of the home is one example) but typically a portion of each HOA's dues stays within the individual HOA.

Hope his helps.

ThomasM16 (North Carolina)
Posts: 7
Posted:
I have had experience with communities with Master HOA and individual HOAs. In those cases, each HOA managed their own affairs in accordance with their governing documents and then the Master HOA handled the affairs applicable to the amenities/functions shared between all individual HOAs. In this current HOA, there is only one set of recorded governing documents and no where does it state or make reference to individual HOA boards that manage their own affairs including finances. Based on this, it appeared to me that these individual HOA boards were actually committees of the Master Board as all finances are managed by the Master HOA. I have received conflicting explanations from different people involved with the different HOA boards. The individual boards do not have regular meetings, do not enforce any of the DCC&Rs and have no regular communication to HOA members. So within the past year, it has not been apparent that these individual HOA boards actually do anything.

Thanks for you comments.
ThomasM16 (North Carolina)
Posts: 7
Posted:
If you crunch the numbers as you did, the monthly dues should be around $25/month, which is what I was told when I closed on the property. The first bill I received for annual dues equated to $38/month. So this prompted me to take a close look at the finances and I found discrepancies that didn't make sense. The dues are low and not disputing anything related to what I am paying but rather the discrepancy in the accounting of dollars.

Thanks for your comments.

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