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VirginiaG (Georgia)
Posts: 11
Posted:
The Declarant transition control of the HOA and a Board was elected. The Board was given check for funds held by Declarant, financial statement, budget for current year, check register, copies of tax returns, etc., in connection with accounting. What else is the Board entitled to receive? What should the Board ask for? Some Board members want a copy of all checks issued since HOA was formed 10 years ago--that seems excessive to me.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Here are some threads on the topic that should be able to assist you:

Subject: HOA Transition from developer

Subject: Transition to Homeowner Control problems Your own thread from a year ago

Subject: HOA transition from developer control to homeowner control

Additionally, see:

Best Practices Report #7 - Transition a 55 page pdf document from the Foundation for Community Association Research

Developer/Homeowner Transition: A Guide To Success from Neighborhood link

TRANSITION PLAN a 10 page pdf document developed by an HOA (specifically for their HOA but still good info)

For the future:

Best Practices Reports links to all the reports by the Foundation for Community Association Research
TimB4 (Tennessee)
Posts: 21,059
Posted:
Oh, for the links to the HOA threads, make sure you open up the document RogerB had uploaded to each of those threads. It contains a list of things you should receive from a developer during transition.
RayC4 (Virginia)
Posts: 173
Posted:
Virginia, In our state (also Virginia!) there are statutory requirements that would be the minimum required. (Of course your state requirements may be different, or not exist in statute at all.) So, check your state laws and of course anything your governing documents may contain. At the end of the day, lots depends on having a decent relationship with the Declarant. From your note, I sense that you do. For some mind-joggers, here is the section from our state law:

55-509.2. Documents to be provided by declarant upon transfer of control.

Unless previously provided to the board of directors of the association, once the majority of the members of the board of directors other than the declarant are owners of improved lots in the association and the declarant no longer holds a majority of the votes in the association, the declarant shall provide to the board of directors or its designated agent the following: (i) all association books and records held by or controlled by the declarant, including without limitation, minute books and rules and regulations and all amendments thereto which may have been promulgated; (ii) a statement of receipts and expenditures from the date of the recording of the association documents to the end of the regular accounting period immediately succeeding the first election of the board of directors by the home owners, not to exceed 60 days after the date of the election, such statement being prepared in an accurate and complete manner, utilizing the accrual method of accounting; (iii) the number of lots subject to the declaration; (iv) the number of lots that may be subject to the declaration upon completion of development; (v) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans if available; (vi) all association insurance policies which are currently in force; (vii) written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers, if any, relative to all common area improvements; (viii) any contracts in which the association is a contracting party; (ix) a list of manufacturers of paints, roofing materials and other similar materials if specified for use on the association property; and (x) the number of members of the board of directors and number of such directors appointed by the declarant together with names and contact information of members of the board of directors.

If the association is managed by a common interest community manager in which the declarant, or its principals, has no pecuniary interest or management role, then such common interest community manager shall have the responsibility to provide the documents and information required by clauses (i), (ii), (vi), and (viii).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Virgina

Based on the references/lists given, I am almost to embarrassed to say how we did it but here goes.

We are 113 standalone (free standing) patio homes with no amenities thus we are not a very complex association. We have a $67,800 yearly budget with all of it being from dues. Our only yearly contracts are with the MC and the landscaper.

We had our transition Dec 31, 2014 so we owners have been in charge since January 1, 2015, all of 12 weeks.

We had a very open and honest relationship with our Declarant. He faithfully present Budgets, Actuals, Yearly Financial Statements, etc. every year (for 7 years) at the Annual Meeting. There was an element of trust with him that not all have with their Declarants.

The Declarant and 3 of 5 BOD Members went to the bank and checked that all was as we expected, Reserves, Checking Account, etc. All was in order so all was transferred to HOA with 3 account signers. We were shown one outstanding check of $200.00 which showed up a few days later. We all shook hands and said goodbye. The Declarant has since been asked a few informational questions and he has gladly answered them.

The Management Company we hired jumped through all the legal hoops to be sure all got transferred to the HOA with the state, utilities, etc. The Declarant gave us 5-6 file boxes of records that our MC stores for us. No one has had a need to look at any of them.

We did have our typical Chief Complaining Officers (CCO's) ask for an audit. Our MC replied that he had his CPA look everything over to protect his own company before signing a contract with us and his CPA said all was in order. The BOD replied we concurred with the MC and we felt there was no need for an audit. The CCO's went away mumbling as they usually do.

I know our transition is more the exception then the rule but it shows a smooth, upfront one can happen.

WTF is the Company Seal..........LOL

RichardP13 (California)
Posts: 163
Posted:
https://corpkit.com/store/showroom/corporateSeals.html
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

We are 113 standalone (free standing) patio homes with no amenities thus we are not a very complex association. We have a $67,800 yearly budget with all of it being from dues. Our only yearly contracts are with the MC and the landscaper.


I would think in an association like yours, you would have some amenities such as a road?
KerryL1 (California)
Posts: 14,550
Posted:
Check your state laws about HOAs to see how far back Homeowners can demand the inspection of any documents--the developer's or otherwise.

In CA, for example, only meeting minutes must be kept forever. And only the current year + the 2 previous years of just about everything else can be reviewed by H/Os.

To demand inspection of 10 years of issued checks, whatever GA law says, seems extremely unreasonable to me.
KerryL1 (California)
Posts: 14,550
Posted:
Well, Virginia, I didn't follow your thread of a year ago and didn't open the materials that Tim provided. But here's a fairly tidy list from CA HOA attorneys. A few on the list, then, e.g., Election Rules may not pertain to CA. As you can see, it doesn't state how far back you should go. This might be useful for other readers here too.

Your reserve study listed below is extremely important, especially if your HOA had a lot of elements or components that must some day must be repaired or replaced. this study or analysis is sometime overlooked by developers.

TRANSFER OF DEVELOPER RECORDS
As a developer sells the last of his properties and turns control of the association to an owner-controlled board, the new board should obtain the following documents from the developer:

Governing Documents
1. Articles of Incorporation
2. CC&Rs & Bylaws
3. Rules and Regulations
4. Condominium plan
5. Deeds to common areas (for PUDs)
6. Parcel maps (for PUDs)
7. Election Rules
8. Collection Policy

Architectural Records
1. Architectural Standards
2. Landscape plans
3. Exterior colors & materials

Construction Documents
1. Bonds
2. Tract/Parcel maps
3. Plot plans
4. List of sub-contractors who worked on the development
5. Blueprints + as-built plans
6. Final Subdivision Report ("white report" issued by the Bureau of Real Estate)
7. Certificate of Occupancy

Insurance Policies
1. General Liability
2. Directors & Officers Liability
3. Fidelity bond
4. Workers' Compensation

Corporate Documents
1. Corporate minute book
2. Corporate seal (if any)
3. Statement of Domestic Nonprofit Corp. (Form 100)
4. Membership list

Financial Documents
1. Budget
2. Reserve study
3. Bank statements
4. Financial statements
5. Assessment schedule (verify against CC&Rs)
6. Tax returns
7. Invoices for unpaid bills
8. Bank signature cards
9. Checks
10. Delinquency list and liens

Vendor Contracts (carefully examine the agreements for term of the contracts, automatic rollover provisions and any unusual provisions) for landscaping, pool maintenance, elevators, security, laundry, trash collection, etc.

Warranties & Maintenance Manuals. Roofs, boilers, elevators, security gates, HVAC equipment, fire/life/safety systems, pool equipment, etc.

RECOMMENDATION: Boards should use CPAs who specialize in homeowner associations to prepare the association's tax returns.

Read more: Transfer of Developer Records http://www.davis-stirling.com/tabid/1580/Default.aspx#ixzz3UrXrGShz
from Davis-Stirling.com by Adams Kessler PLC.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, some listed may not pertain to GA (not CA).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SteveM9 on 03/19/2015 12:08 PM

We are 113 standalone (free standing) patio homes with no amenities thus we are not a very complex association. We have a $67,800 yearly budget with all of it being from dues. Our only yearly contracts are with the MC and the landscaper.


I would think in an association like yours, you would have some amenities such as a road?

One road in, three cul de sacs off that road. County roads, county water, county sewage. When I say amenities I mean HOA owner/controlled like pools, tennis courts, etc.

RichardP13 (California)
Posts: 163
Posted:
Posted By KerryL1 on 03/19/2015 1:00 PM
Well, Virginia, I didn't follow your thread of a year ago and didn't open the materials that Tim provided. But here's a fairly tidy list from CA HOA attorneys. A few on the list, then, e.g., Election Rules may not pertain to CA. As you can see, it doesn't state how far back you should go. This might be useful for other readers here too.

Actually the list is from one attorney who runs the Davis-Stirling.com website. While I may agree with most of the items presented on the site, I am highly disappointed in his interpretation of case law over the past couple of years.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RichardP13 on 03/19/2015 11:36 AM
https://corpkit.com/store/showroom/corporateSeals.html

Richard

It was a joke as in ..LOL..followed it.

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