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DennisW6 (California)
Posts: 25
Posted:
Does anyone know if the HOA is legaly required to disclose information on the salaries paid to HOA staff (like Executive Director, Managers, wait staff at our restaurant etc.) when requested by an HOA Member/Owner in California? If so, what would the specific law be that makes it a legal requirement. Thanks so much in advance for your help.

RichardP13 (California)
Posts: 163
Posted:
For your answer, you might want to research www.davis-stirling.com. Think you will find what you are looking for.
DennisW6 (California)
Posts: 25
Posted:
Thanks much, Richard!!
DennisW6 (California)
Posts: 25
Posted:
Is this Richard Pearl by chance?
RichardP13 (California)
Posts: 163
Posted:
No, its not.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Who knows what CA does but typically salaries and benefits are privileged information available only to the BOD. That does not mean it is "hidden" but it is often lumped together in some operating expense information and not decipherable right down to So and So made $X.

TimB4 (Tennessee)
Posts: 21,060
Posted:
Per davis-stirling records page:

Upon request, associations must provide compensation information for all employees, including the general manager (if an employee of the association), in the format described below:

Except as provided by the attorney-client privilege, the association may not withhold or redact information concerning the compensation paid to employees, vendors, or contractors. Compensation information for individual employees shall be set forth by job classification or title, not by the employee's name, social security number, or other personal information. (Civ. Code ยง5215(b).)

Management Company Employees. The right to salary information applies to employees of the association not to employees of the association's management company.

Note: Independent contractors are not employees. For independent contractor information, you should request to see their contract.

Here is a link to the statute itself:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§i5215.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By DennisW6 on 04/03/2015 2:45 PM
Does anyone know if the HOA is legaly required to disclose information on the salaries paid to HOA staff (like Executive Director, Managers, wait staff at our restaurant etc.)


This is the key. I would hope that the staff at the restaurant are not the employees of your HOA, but instead are employed by a corporation which only runs the resultant. A HOA has no business being in the food and entertainment industry
Quote:
Posted By TimB4 on 04/04/2015 7:08 AM

Management Company Employees. The right to salary information applies to employees of the association not to employees of the association's management company.

RichardP13 (California)
Posts: 163
Posted:
Mark

I am going to disagree. There are a large number of HOA's in the Palm Springs area of California that have country clubs.
TimB4 (Tennessee)
Posts: 21,060
Posted:
I think what Mark was eluding to was that amenities like country clubs, etc. would have either been incorporated as an LLC of the Association or that the Association would have leased the business to a company to run for the Association. I suspect that such arrangements could limit liability to the Association if something happened.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By TimB4 on 04/04/2015 8:25 AM
I think what Mark was eluding to was that amenities like country clubs, etc. would have either been incorporated as an LLC of the Association or that the Association would have leased the business to a company to run for the Association. I suspect that such arrangements could limit liability to the Association if something happened.

Bingo.

But my point isn't so much about liability, but about competence of management. It's pretty beyond reasonable to expect a HOA to manage a restaurant, and for a restaurant manager to be expected to be put under the microscope of a HOA Board. Things beyond general maintenance and accounting should be done by separate companies well versed in those businesses
DennisW6 (California)
Posts: 25
Posted:
I am in Sun City Linicon Hills, and we own and operate the restaurant, as well as a cafe. It tends to operate at a loss, but largely due to the high salary cost we pay. Our Food and beverage, and salary costs are like 90 percent of revenue....about 32 percent is food and beverage and 58 percent salaies. The indusrty standard food/beverage, and salaries is in the 60-65 percent of revenue.

If my HOA is legally required to provide employee compensation levels, am I correct is saying that they are required to provide a ful organizational chart, one that shows all the HOA departments, all positions, and total number employees by postion?

Thanks
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By DennisW6 on 04/04/2015 11:18 AM

If my HOA is legally required to provide employee compensation levels, am I correct is saying that they are required to provide a ful organizational chart, one that shows all the HOA departments, all positions, and total number employees by postion?


Seems so

Quote:
Posted By DennisW6 on 04/04/2015 11:18 AM
I am in Sun City Linicon Hills, and we own and operate the restaurant, as well as a cafe. It tends to operate at a loss, but largely due to the high salary cost we pay. Our Food and beverage, and salary costs are like 90 percent of revenue....about 32 percent is food and beverage and 58 percent salaies. The indusrty standard food/beverage, and salaries is in the 60-65 percent of revenue.

Earlier you implied that you don't know the salaries for the restaurant staff. So if that is a fact, how can you say that the problem is too high of salaries? It could also be poor sales, poor management, a poor location, a disgusting building or meddling by the HOA.

DennisW6 (California)
Posts: 25
Posted:
I can tell what the overall salaries are based on the financial statement provided by our HOA. However, I am not able to tell how much we pay individual positions. We have 220 employees of which 154 are part-time and 66 full time. We have never been told what we pay them by position. That is, I have no idea how much we pay our executive director, any of the managers, or the wait staff at our restaurant. We only see overall salaries paid by business line.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
And this is a problem? Can I contact your company and enquire your salary? I say NONE Ya Business on individual paychecks. It is rude and not necessary. Do not like the overall expense, then shop for a new contractor to your liking and submit for consideration. Problem solved.

Former HOA President
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By MelissaP1 on 04/04/2015 3:31 PM
And this is a problem? Can I contact your company and enquire your salary? I say NONE Ya Business on individual paychecks. It is rude and not necessary. Do not like the overall expense, then shop for a new contractor to your liking and submit for consideration. Problem solved.

I think the OP is saying is that all these individuals are in fact employees of his HOA, and not in fact employees of a firm contracting to his HOA. So in fact, this information is legally available to him.
MarkM31 (Washington)
Posts: 556
Posted:
It sounds like a monster development, if there are 220 employees, including restaurant staff.
KerryL1 (California)
Posts: 14,550
Posted:
Dennis, Please clarify: Are all of these staffers director employees of your HOA? Or employees of contractors of your HOA?
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By KerryL1 on 04/04/2015 5:44 PM
Dennis, Please clarify: Are all of these staffers director employees of your HOA? Or employees of contractors of your HOA?

Seems pretty clear cut

Quote:
Posted By DennisW6 on 04/04/2015 11:18 AM
I am in Sun City Linicon Hills, and we own and operate the restaurant, as well as a cafe.

Quote:
Posted By DennisW6 on 04/03/2015 2:45 PM
Does anyone know if the HOA is legaly required to disclose information on the salaries paid to HOA staff (like Executive Director, Managers, wait staff at our restaurant etc.)

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dennis

Is your Sun City under owner control?

Sun City Hilton Head (Bluffton) SC is still under Pulte control. The golf courses and restaurants are owned by Sun City but they are leased out thus Sun City has no direct control nor knowledge of salaries, benefits, etc. What they do know are the lease payments they receive and if residents are happy (via surveys).

MarkM31 (Washington)
Posts: 556
Posted:
Quote:


Sun City Lincoln Hills Community Association transitioned from Del Webb management to self management on April 1, 2005. The membership-elected resident-volunteer Board of Directors and staff work closely to conduct the business of the Association, adhering to the Davis-Stirling Common Interest Development Act and related California laws. Resident volunteers serve on committees that make recommendations to the Board of Directors.


http://www.suncity-lincolnhills.org

According to their financials, F&B expenses were about 30% of F&B revenue. Maybe Dennis can explain this 60% discrepancy as he related the story to us
DennisW6 (California)
Posts: 25
Posted:
Food and beverage costs were 32 percent of revenue. Salaries were over 55 percent of revenue.
DennisW6 (California)
Posts: 25
Posted:
They are all staff of the HOA. It is a large senior community with about 6800 homes.
DennisW6 (California)
Posts: 25
Posted:
Correct, Mark.
MarkM31 (Washington)
Posts: 556
Posted:
I see what you're saying. You have F&B revenue of $3.2M, and expenses of <$1.0M> and <$2.2M>. But this isn't a company, where you want to stick the profits into your pockets. They probably need to "make no profit". There is a lot none of us know, it'd be nice if an accountant chirped in.

But as of right now, I'm leaning towards you making huge assumptions with only partial knowledge.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dennis

Budget aside, how would personally rate the F&B. Facility, service, quality, variety, etc.
DennisW6 (California)
Posts: 25
Posted:
John,

In regard to how I would rate the restaurant. The concensus is it offerers very small prtions, have an extremently limited menu selection, and is overpriced. This is all done to pay the excessive salaries of management staff in particular. Wait staff services are excellent. This restaurant would go out of business in a month if it was located anywhere else.

Mark, In regard to your interest in hearing from an accountant. I would offer that it is not an accounting problem, rather a business management problem. Our restaurant operates in the red year after year, and it is directly attibuted to the excessive salary costs that are well beyong industry standards. You too must be a resident of Sun City Lincoln Hills I suspect.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By DennisW6 on 04/05/2015 8:04 AM

In regard to how I would rate the restaurant. The concensus is it offerers very small prtions, have an extremently limited menu selection, and is overpriced. This is all done to pay the excessive salaries of management staff in particular. Wait staff services are excellent. This restaurant would go out of business in a month if it was located anywhere else.

Mark, In regard to your interest in hearing from an accountant. I would offer that it is not an accounting problem, rather a business management problem. Our restaurant operates in the red year after year, and it is directly attibuted to the excessive salary costs that are well beyong industry standards.

It is an accounting question. You said that you don't know what the employees make, now you say they are paid excessively. How can you square that?

An accountant to answer the question of the tax liability of this restaurant. It may be that it is advantageous to have no profit or to operate at a loss. In that case, the restaurant could become a repository for other management, maintenance and depreciatory costs.

These are things we don't know, but the more I think about them, the more likely I believe they are.

I don't live within a thousand miles of you
DennisW6 (California)
Posts: 25
Posted:
It is not an accounting question/issue, Mark. I have mentioned that based on our financial statements, our salarly cost run from 55-60 percent of revenues. The industry standard for full service restaurants is about 30-35 percent of revenues. As such, we have significant excessive labor costs do to poor management of our food and beverage business line. It is clearly not an accounting issue, rather a business management issue.
MarkM31 (Washington)
Posts: 556
Posted:
The financials on the web site show expenses as <$1.0M> and maintenance and operation as <$2.2M>. So do you know for a fact that these costs are only food and salary? Or are there other cost in there, such as the restaurants share of HOA management, repair, landscaping and the like? If this is so, it is also likely that the restaurant is actually burdened beyond their actual share in order to keep profits down for accounting purposes.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By DennisW6 on 04/05/2015 8:58 AM
It is not an accounting question/issue, Mark. I have mentioned that based on our financial statements, our salarly cost run from 55-60 percent of revenues. The industry standard for full service restaurants is about 30-35 percent of revenues. As such, we have significant excessive labor costs do to poor management of our food and beverage business line. It is clearly not an accounting issue, rather a business management issue.


Hi Dennis
I question whether you should be using "restaurants" as your industry comparison. "golf and country clubs" would probably provide you with a better comparison.

Also, much depends on whether certain hours of operation are mandatory and if minimum use fees are charged.

In other words, you are dealing with a very specialized type of food service - While industry standards may be a good starting point, you should probably try to narrow things down a bit.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,060
Posted:
Dennis,

Once you confirm your suspicions, what do you plan to do?

Will you launch a recall effort and try to replace the Board?

Will you use the info to gather support and get yourself elected to the board, hence be part of the decision process?

Will you try to gather support and boycott the club?

What is it you hope to accomplish once you find out this information?
DennisW6 (California)
Posts: 25
Posted:
Mark, The numbers show up in the financials under account codes, and salaies is one of them and is exclusive to the F&B business line.
DennisW6 (California)
Posts: 25
Posted:
Hello NpS,

I did a lot of seaching to ensure I was making a fairly reasonable comparison to try to avoid comparing apples and oranges. I agree it is not easy to do, but what we have is much much more than a country club facility. Here is the website for our restaurant. We also have a cafe in a seperate location on the property, and some catering goes on as well.

http://meridiansrestaurant.com/
DennisW6 (California)
Posts: 25
Posted:
Tim, My interest is to bring this information to the surface, and hopeful work to reduce our salary costs for the F&B business line. I would then like to see the saving go into better quality food, a larger menu selection, and lower menu prices.
MarkM31 (Washington)
Posts: 556
Posted:
Ahh, you want to become involved in the (micro)managing of the F&B
DennisW6 (California)
Posts: 25
Posted:
No Mark, We are a seniors community with the average age of about 70 and I want to ensure the residents/owners are getting better value for the money spent, rather than spending too much on salaries that goes to others.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So you want to take the food out of the mouths of hard workers who provide you the food and service so you can enjoy a profit? Which your pretty much saying as you say that taking the "profit" from the savings of their salaries to roll over to the enjoyment of your residents/members.

Sorry but taking the money out of people who work for it seems a bit unfair and impolite. Instead, if your that concerned find better food suppliers or other ways for the business to SAVE money than deny people a decent wage for providing such services.

Former HOA President
DennisW6 (California)
Posts: 25
Posted:
Melissa, Please read my previous posts. Our food and beverage costs are about 32 percent of revenue...consistent with industry standards. Salaries are significantly above industry standards, by as much as 30 percentage points. Our HOA is not a welfare organization, and it is not the HOA's responsibility to pay excessive labor costs to keep people employed. It is the duty of the HOA to provide excellent good and services to the members in a cost effective manner. That is, give them great value for their money. After all, it is their money.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is McDonald's a charity by paying their workers? No. Could they use better food? Yes. Do they have a whole department of professional chef who do that? Yes. So to say your HOA is paying your workers too much money and above the "norm" in an industry that notoriously pays BELOW the norm, is a stretch.

I am sorry, but not going to agree in lowering the living wage of people working because you think they get paid too much money. If you don't like the food, suggest a better food service provider. Don't like the menu? Request changes to the menu.

Seems to me, if you pay a people a decent wage, you get consistent workers who will show up when needed. Less turnover and more dependability. I don't hear you complain about turnover which costs a company ALOT more money than providing a decent wage to their workers.

Former HOA President
DennisW6 (California)
Posts: 25
Posted:
Melissa, Your statement : "So to say your HOA is paying your workers too much money...." Is not what I am saying. I am saying very simply that our overall salary costs are excessively high. I have no idea what we pay staff. The problem could be that there are way have way to many people on staff for the services needed. It could be we are over paying management. I am seeking salary information to better define the problem. You may want to revisit my previous posts.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Do you know how to run a restaurant? How do you know it is NOT industry standard that salary is NOT the bulk of the expense of such businesses? You may be surprised to find out that slary is one of the highest expenses a business faces. Equipment is a HUGE expense but they are capital. Food and supplies are NOT the bulk of the restauarant business.

You do not know the salary but attribute for the exact cause. How can you do that without knowing how such business runs?

Former HOA President
DennisW6 (California)
Posts: 25
Posted:
Melissa, You obviously do not know the restaurant business. You may want to do some research before posting again. Insofar as our F&B business line is concerned, it historically operates in the red, and that is just when costs for food/beverages and slaries are compared to revenues. It does not pay any space fee(rent), untility cost, insurance cost (except for staff where applicable), equipment cost, furnishing cost, or capital improvement costs (rennovations).
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By DennisW6 on 04/05/2015 11:38 AM
Hello NpS,

I did a lot of seaching to ensure I was making a fairly reasonable comparison to try to avoid comparing apples and oranges. I agree it is not easy to do, but what we have is much much more than a country club facility. Here is the website for our restaurant. We also have a cafe in a seperate location on the property, and some catering goes on as well.

http://meridiansrestaurant.com/


Dennis

Took a look at your assortment of dining & drinking choices: cafe, lunch, dinner, sports bar, catering, golf outings, banquets, weddings, conferences, etc.

1. If you are in a resort area, the prices seem generally on the low side. A 25% increase in prices would bring your cost percentages in line. But then again, I don't know what the local market is like.
2. Each food area has its own financial demographics - You may want to start by asking for a P&L on the individual business units. That's the only way IMO you are going to find out which portion of the restaurant business is subsidizing the others.


Sikubali jukumu. Read all posts at your own risk.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Can I get a job there? Sounds like a good place to work... Low overhead, good pay, and insurance...

Former HOA President
DennisW6 (California)
Posts: 25
Posted:
NpS, Not in a resort area. I certainly agree with your statement about seeking the incremental costs of each part of the F&B business line. I plan to look into that, as well as salaries and number of positins. If anything, it is the restaurant portion being subsidized.
DennisW6 (California)
Posts: 25
Posted:
Melissa, To answer your question....No.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dennis has raised some interesting questions about expenses being out of line with industry standards. Though I know nothing about that business, his questions deserve answers.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Richards questions caught my interest. I went Internet surfing. Typical restaurant (not fast food) costs are 1/3 for food, 1/3 for employees, 1/3 for overhead (rent, utilities, etc.), reserves, advertising, etc. with a typical profit margin about 6-8% and upwards of 20% for a fast food, low employee overhead operation.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 04/06/2015 5:09 AM
Richards questions caught my interest. I went Internet surfing. Typical restaurant (not fast food) costs are 1/3 for food, 1/3 for employees, 1/3 for overhead (rent, utilities, etc.), reserves, advertising, etc. with a typical profit margin about 6-8% and upwards of 20% for a fast food, low employee overhead operation.

OOPS...Dennis's questions.....

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