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KimT9 (Pennsylvania)
Posts: 7
Posted:
For the past year I have had the title of treasurer on my HOA board. I have refused to take any responsibility as the treasurer because the President has refused to allow an audit to be done. To my knowledge the last audit was over 8 years ago. Also according to the by laws a person on the board can not be a paid employee of the association. However the President gets paid for the cleaning of the buildings common areas and the office secretary is also the Vice President of the association. They say she is a sub contractor but she did not know what a 1099 was.
Because myself and one other member of the board, over the last year, has tried to follow the by laws we have made several people angry and they have gone as far as writing my landlord asking to remove me from my condo. They have tried to have us both removed but after a meeting with the condos attorney the board was informed it was not legal to do it. She also stated that the Vice President/office secretary was able to run if she was indeed a sub contractor. So she again was voted onto the board along with one other person to fill an empty seat.
Monday was our first meeting and ,unfortunately,I was unable to attend because I was in a car accident Sunday morning. I received a call from my friend on the board last night. She was very upset. They took a part of the by laws that stated a renter can vote if he has a proxy from the owner and said because I did not have a proxy from my landlord I was not able to be on the board. The section they took this from dealt with the voting of new members onto the board not with the board voting in general.
So I have been removed from the board.
I want to know what I can do to prove what has been done is not legal or its its? This is my good name on the line here! I don't want to just let them do this to me without standing up for myself.
Also is there a way to force an audit to be done?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kim,

Any qualifiers to be on the Board (must be a member, must be in good standing, can not miss more than x meetings, etc.) will be within your Associations governing documents (typically the Bylaws). If there are no qualifiers or no qualifier requiring all Directors to be members, then you were improperly removed and need to show up at the next board meeting and point that out. If there are qualifiers, then the issue is over.

As for audits, as a renter, you likely have no standing to demand an audit or to petition a court for an audit. Only members would have standing.

Now, if desired, you can certainly contact the IRS and suggest that you believe income is not being reported by individuals - and name them. You may even get a portion of any taxes owed and collected for the tip. Hopefully the Association has issued 1099-misc and W-2s as appropriate as such a tip can also affect the Association if they failed to report or any of the individuals are determined to be employees and employer taxes were not paid.

Hope this helps,

Tim
DonA2 (Arizona)
Posts: 170
Posted:
In our association, renters cannot vote let alone hold a position on the Board. Only owners can be members and do either of those. And being a renter, you have very little power to ask for an audit.

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