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KerryL1 (California)
Posts: 14,550
Posted:
We have two committees in our HOA that are assigned annual budgets by our Board. On one committee, only the chair is allowed to spend funds from its budget.

On the other Committee, all members may expense funds, but the chair generally makes most of the purchases. We directors see the checks written to committee members/chairs on our monthly financials in three areas, the aging report, the reimbursement report and the voucher report. I also review all the expenditures in a different format.

On the second committee, something caught my attention and I requested receipts for purchases made by the committee chair. December, '14 seemed unusually high and, examining her 15 or so receipts for Dec , I saw nearly $400 worth of items that have not been and will never be used by our HOA. There may be an additional $100 with of stuff that she also kept for herself, which is more difficult to identify. These items do fit the committee's work, but clearly were for the chair to own.

When I requested the receipts from our PM, I copied our board president and asked both to keep my request confidential. A week or so later, this committee chair resigned.

I plan to meet with our PM tomorrow to see if there's any possible explanation for this reimbursement. Our prez is away till late this month. I really don't know how to proceed.

I've heard that this woman wants to be on the Board and I think she should not be permitted (our elections aren't until Oct. The behavior is baffling as the woman is wealthy. I suspect she was trying to use all of their budget rather than lose it and also risk having their budget reduced since they didn't use all of it.

But what steps should we take?? We certainly want restitution, but what else??

(We have a 2 mill.+ budget and our MC handles writing checks for routine expenses. We, of course, have two check signers for reserves withdrawals and they and non-routine expenses are approved by the Board. I really, really hope you all can stick to my questions.)

Thank you!!
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By KerryL1 on 03/12/2015 7:32 PM

But what steps should we take?? We certainly want restitution, but what else??

You want procedures in place to prevent this from happening in the future.

It's fine for committees to have a budget. However, in my opinion, reimbursement should come from the Treasurer after receipts are provided. At that time, if there was a question on an item, the Treasurer can hold off on reimbursement while waiting for an explanation.

Possible new procedure should include:

1) list of items that can be purchased by committees and reimbursed without Board approval (this alone may have stopped the problem you describe)
2) Individual approving reimbursement can not be the same person who purchased items.
3) Credit cards (if used - and I'm against having an Association credit card but understand it sometimes is a necessity) can only be used with prior approval.
4) Association purchases and personal purchases may not be on the same receipt

Those are just a few things I can think of off the top of my head.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By KerryL1 on 03/12/2015 7:32 PM

(We have a 2 mill.+ budget and our MC handles writing checks for routine expenses.

I've said this before, I don't think it's a good idea to have a MC or PM to be authorized to write checks. This should, in my opinion, stay with the Board. Yes it's a pain, but if you think it's a good idea, send me a signature card for your personal account and some blank checks so I can have full access to your money. If you aren't willing to do that then you shouldn't be willing to do that with Association funds either. (I'll get off my soapbox now).

JohnB26 (South Carolina)
Posts: 1,001
Posted:
The mgmt. co. preparing the checks is A-OK.

ONLY the treasurer + another BOD member should actually sign same and/or be signatories at your bank.

The treasurer can visit the mgmt. co. once a week for 15-20 minutes ~ good idea anyway.

Routine monthly bills payable to major known companies such as electric, cable, phone, insurance may be 'auto-pay'.

To repeat: The Treasurer signs EVERY check (+ another director for internal security).

If anyone has committed a crime contact L.E.

(contact them anyway just to establish 'precedent/intent')

BEST OF LUCK
KerryL1 (California)
Posts: 14,550
Posted:
I don't think anyone wants to be involved with the police right now, JohnB.

I was hoping for practical in-house suggestions to deal with her. Have the board censure her in Ex. Sess.? Invite her or not? Follow that up with a formal letter to her asking for restitution? Forget the whole thing since she's resigned?

I'll meet with our PM at 2 today and possibly learn I'm wrong--I'll let you know if that's the case!

I'll address your suggestions, Tim & JohnB later.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

I say step one is the Treasurer send her a list of questionable expenses and ask for an explanation.

If she answers satisfactorily then it is over.

If she was just sloppy/wrong then censure her in Executive Session.

If more severe, then fire her from the committee.

I would want step one in writing before proceeding.

KerryL1 (California)
Posts: 14,550
Posted:
Thanks, JohnC--very helpful. I'm on the way the door to see the PM. If she cannot explain this "irregularity," I'll see the treasurer next.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By JohnC46 on 03/13/2015 12:57 PM

I say step one is the Treasurer send her a list of questionable expenses and ask for an explanation.

I would say that the explanation requested should be of a specific nature (what was it purchased for? when was it used? where was it used? etc.)
KerryL1 (California)
Posts: 14,550
Posted:
The PM has sent a list to the Comm. chair asking for what purpose were they purchased and when were they used. As mentioned, the chair resigned form the committee a week or two ago. She is out of town for a while.

I just looked at a sample monthly financial report. It's 115 pages long, and we wrote about 105 checks. We have a Finance Comm. chaired by our board treasurer and it goes over the financials every month at a meeting a week before our monthly board meeting. Our annual budget is $2.412 mil. It's broken up into 3 "special benefit areas." We have $3.3mil. in reserves to repair/replace over 150 reserves. Our reserves also are 3 different budgets for over 150 components.

I'm not on the FC, but review our monthly financials very carefully with special attention to its complexities involving the different budgets.

I may not prefer giving our MC blank checks, but in fact, all expenses are approved in advance by our board of 7. We have about 20 contracts that are paid annually or monthly an are approved by the Board. The PM has a small petty cash budget for incidentals (about $250/mo).

We would not find anyone to serve as treasurer if s/he had to sign all of the checks. And, in fact, no treasurer would have thought the $350+ for a comittee chair's purchases would be out of the ordinary. The date of purchase made sense and the types of items were logical.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By KerryL1 on 03/14/2015 12:59 PM

I may not prefer giving our MC blank checks, but in fact, all expenses are approved in advance by our board of 7.

So what you are saying is that the committee's expenses were approved by the Board?
KerryL1 (California)
Posts: 14,550
Posted:
My wording might be off. The board approves the two Committees' budgets once a year. Neither the Board nor an officer approves each expenditure within that budget. The Landscape Comm., for instance has a budget. Sometimes that chair purchases items. She does not need approval to purchase a $6 package of twist ties., nor a $48 flat of flowers. She does need to submit her receipts for reimbursement.

Neither the Board nor the Treasurer approves all of the 105 payments for various services and components for the month mentioned above. It might be common for complicated HOAs with lots of contracts & reserves components to have the kind of relationship of trust we have with our MC, who has dozens & dozens of accounts in CA. I don't know as few leaders of HOAs like ours post here. Our 22-page contract (including exhibits) with our MC was vetted by our HOA attorney, who reviews all of our major contracts. I'm confident in our attorney's reviews and in the isdowm of most (but not all) of pour directors.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By KerryL1 on 03/14/2015 3:21 PM

The board approves the two Committees' budgets once a year. Neither the Board nor an officer approves each expenditure within that budget. The Landscape Comm., for instance has a budget. Sometimes that chair purchases items. She does not need approval to purchase a $6 package of twist ties., nor a $48 flat of flowers. She does need to submit her receipts for reimbursement.

Keep in mind that you, not the PM nor the Treasurer nor the finance committee, identified these expenses as suspicious. Therefore, it appears that the system you currently have in place is allowed this to happen. Failure to make changes to your process may very likely have you dealing with the same issue in the future.

Perhaps, you now need to have an officer or finance committee approve each expenditure now (since it has been taken advantage of).
NpS (Pennsylvania)
Posts: 4,216
Posted:
See nothing wrong with MC/PM issuing checks.

What seems to be missing is spending limits - For example - a committee chair can spend $100 - a committee member can spend $25 - a board pres can spend $250 - a board member can spend $100 - or any other arrangement that makes sense.

On a $3M budget with as many transactions as Kerry has, easy oversight is more important than control over every single transaction.

Apparently there is some control in place - since a problem could be spotted and subsequently investigated. But would be better to have assigned limits.

Of course, any system can be undermined. Which means that other controls might be appropriate - Such as - pres can spend $100 alone but if pres is going to spend $250 needs sign-off from another board member. Whether it is treas or not isn't that critical IMO. Again, different considerations when budget is large and transactions are many.

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
Well, it turns out I was wrong!! I only mentioned this to our PM & prez, so that was a good thing. Btw, this is a Social Committee. All Dec. purchases are for our annual Holiday Party. Every high rise around us -- about 20 in our urban area has a social committee. Some have really large budgets. So no lectures, please!, on why we should not have a social committee.

The reason this month's expenses caught my attention was that a summer event was almost entirely catered, but cost quite a lot less than this winter event for which committee members prepared all of the food! It was an anomaly and that's what the CFO of our MC had advised us to look for in a seminar for us. I simply don't see how anyone else would have noticed, treasurer or not.

The only way to find out what the $380 in question was spent on, and why, was to have the PM ask the ex-committee chair--they have a close relationship. And, as Tim suggested, the reason I couldn't figure it out for myself is that the receipt in question had about 30 items on it totaling well over $550. The ex chair had only circled the $380 due her, but not the relevant individual items.

She sent a list of the appropriate items to the PM, who forwarded it to me. Over $230 was for 4 items that are ridiculously useless, but do exist, and are in a storage closet used by this committee. I'd looked in the closet previously, saw them and dismissed them as old, unused items and they seemed to match nothing on the receipts. Another $40 item, the ex chair wrote, was broken in transfer to the storage closet. The other four items were less expensive, were not in the storage area when I'd looked previously, but mysteriously reappeared after my request to the PM. There were two candy dishes and two divided relish dishes. I'd attended our crowded Holiday Party but cannot say whether or not the items were used.

So, yes, something sneaky happened and I believe she intended to keep some of the items. I do also still think she was trying to spend the Committee's assigned budget before the end of the year. But wine woulda made more sense! No, she didn't "embezzle." Glad she's off the committee.

I'm taking the lessons learned to the Board this month to tighten the Committee's charter or enforce it better. I'd done that the previous month with the Landscaping Committee, but for different reasons. In that case, they were not giving the Board a monthly written report or meeting minutes. We now require both. We also will require them of the Soc. Comm.

I will see if the Board'll go for a limit each month on non-consumables--this is where the excesses or abuses occurred. And if a receipt says "dinnerware," as many of them did on the receipt in question, the member will need to write "red candy dish," "chocolate fountain." or whatever. Oh, yes, the ex chair bought one, but it was clear on that store's receipt. Success?? No--lotsa leftover angel food cake and strawberries.

Even though the PM said that it's fine if the committee member submits a receipt with a mix of personal & HOA items, that will definitely change. Four other members also made purchases and all turned in clean receipts with no other items on them, just ones that were obviously consumed at the party. This way it'll be difficult to bury non-HOA purchases.

Our PM approves these committee purchases and the checks come from their corporate offices. The PM does know the monthly limit on the Landscape Comm., which actually makes few purchases.

No directors or officers sign these types of checks.

Thank you again to all of you who offered advice!!

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