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BrianB (California)
Posts: 2,820
Posted:
Our HOA (single family home, Ca) is still using paper checks and a local bank. Nothing terribly wrong with that, I suspect it is because we still use the two signature formula for paying bills (treasurer and president must sign a check before it's sent out).

Downside of this system, our local bank charges us to death for every little thing. $3 here, $2 there... scan copies of checks, $3. Check a balance, $.50. Monthly statement, $1. Change out signatures every year, $15.

I've been doing e-banking for 20 years now, and love the convenience and zero cost. However, I can see that e-banking to an HOA would seem a huge potential for theft/fraud, etc. (no signatures? OMG! How can a member know what's happening???????) Personally, I think it would be better for an HOA (more transparency), but... it's change, and change is scary. And, perhaps, not legal.

So, does anyone have experience with how to e-bank? Can it be done, and maintain a two signature "system" somehow? I figure companies by the year 2016 have figured out how to get away from walking a check to their president to pay the light bill every month, right?

RichardP13 (California)
Posts: 3,868
Posted:
Prior to paying the bill, approve the invoice.

Set up a procedure through a Board resolution.
BrianB (California)
Posts: 2,820
Posted:
cool! can it be that simple?

I mean, I figured that would be the way to do it, I just suspected that California law and HOA law would have made such an easy thing way, way too complicated to actually do it.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Yes, it can be that simple.

Our bank charge is $3 per month.
We also use checks and a two signature system.
However, there are items that can be paid electronically and we have established a resolution allowing those items to be paid that way. Note: This is limited to our normal bills.

copies of bank statements are attached to the treasurer's report as a safeguard to ensure others can also see what electronic payments have been made.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Brian,

It sounds like a typical HOA where no one on the board has any significant business experience. The part about the two-signature checks indicates that they do not even trust each other.

There is no requirement to put all your pennies in just one jar. Open an operating account at a bank with online services, making the initial deposit the equivalent of two months of operating expenses. Use the operating account to pay normal expenses using direct payments, automatic withdrawals, debit cards, or bill-pay checks as appropriate. Review the monthly statement for the operating account at each monthly board meeting and replenish the funds by transferring them from your master account.

I last opened a personal checking account in 2010 at the bank with the stage coach. They gave me a starter kit with ten checks. I still have most of those ten checks and have never once ordered checks. In person, I pay with my debit card. I have some bills scheduled for recurring automatic payment from my account. For the rest, I use the Bill-Pay service.

One advantage of Bill-Pay is that the payee never sees my checking account information; the check he receives has the bank's own account number on it. That is far more secure than writing checks with your own account information available to be exploited.

"I figure companies by the year 2016 have figured out how to get away from walking a check to their president to pay the light bill every month, right?" Real businesses figured that one out a long time ago; HOA's will continue trying to pay their bills with 19th-century financial instruments until the end of time.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I will point out that the two signature requirement for most Associations is an internal check and balance. It is not fool proof and (in my opinion) only keeps the honest people honest as anyone who has access to the Associations online banking and transfer funds and live happy until it's discovered. Hence the reason Larry points out to have bank statements reviewed at each meeting (allows such actions to be discovered earlier).

Typically those Associations with two signature requirements only mentions that all, or checks over a certain amount, issued must have two signatures. I have never seen governing documents requiring that all expenses be paid by check. So, utilize technology with appropriate oversight and when checks are issued, get two signatures.

TIm
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By LarryB13 on 01/26/2016 6:41 PM
The part about the two-signature checks indicates that they do not even trust each other.

Trust isn't the issue. Temptation is.

Whatever system you have in place, paper or electronic, avoid the chance that someone can manipulate things to cover his tracks if temptation gets the better of him.

Electronic benefits - All transactions are recorded. Easy audit trail. But risk that someone can move a significant amount without a second set of eyes on the transaction.

Two signature benefits - Can't do it alone. But many banks today won't take responsibility for verifying the two signatures.

Example from my own experience. MC wrote checks against our operating account. Two signature system. MC owner had a stamp in his desk drawer with his signature. MC controller had a key to his desk. She would generate checks, sign them, and then go into owner's desk drawer and stamp all the checks with the MC owner's signature. Zero protection. One person could do whatever she wanted - including moving money from one HOA account to another. Very risky.

Sikubali jukumu. Read all posts at your own risk.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 01/26/2016 7:07 PM
I will point out that the two signature requirement for most Associations is an internal check and balance.

We have a two signature requirement and I like it. Quite frankly, I wouldn't trust anyone blowing smoke up my rear end while telling me, "It's fine. Trust me." Requiring two signatures is added protection against one person stealing the money. It's a no-brainer.
LarryB13 (Arizona)
Posts: 4,099
Posted:
So, how many of you geniuses who think two-signature checks are a good idea use two-signature checks on your personal accounts? Just tell your spouse that trust is not the issue but temptation is.
CyrstalB (Maryland)
Posts: 457
Posted:
Our account is with one of the big six and we were told that they do NOT take any responsibility for any checks requiring two signatures, bank policy. She said we could still do it if we wanted to, but if one got through without both signatures, they would not be responsible for it. Just an fyi for you to confirm with your own.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LarryB13 on 01/27/2016 4:23 AM
So, how many of you geniuses who think two-signature checks are a good idea use two-signature checks on your personal accounts?

Larry,

I love and married my spouse.

I do not feel the same way nor do I have the same type of relationship with my Association.
BrianB (California)
Posts: 2,820
Posted:
thanks folks, for the answers and opinions.

I am trying to move our little HOA into a very open/transparent operation, and honestly, I think e-banking is more transparent (or can be) than what the last board had (they issued atm/debit cards for "incidental" purchases, and wrote two signer checks for standard bills (insurance, stamps, etc.).

We are finding that those ATM cards got used for a lot of odd activities, and none of it is in any minutes. Apparently, they just charged things, and gave the treasurer the receipt.

My plan, if the board will buy it, is to switch to an E-bank. And, each meeting, our treasurer can bring a report of what checks need to be issued, to whom, how much, and why. Board votes to issue them, and then we go to the website and do it. Nothing gets written without a board vote and notes in the minutes as to what got done (we don't have many checks to write, honestly. Insurance 1/year, supplies for road maintenance each quarter, contract work, and maybe Postage Stamps). Most of our bills can be predicted, brought to the meeting openly, and approved.

the good news would be that our bookkeeper, treasurer, and president would all be able to see the bank account at any moment, via password. So, we'd have three people to tempt, or at least two people mad that the third didn't include them in the theft.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By BrianB on 01/27/2016 10:03 AM
the good news would be that our bookkeeper, treasurer, and president would all be able to see the bank account at any moment, via password.

Caution: We spoke to one bank about electronic access for multiple people. They could only offer us single access for all people. No way to tell which of the 3 people had done anything.

Sikubali jukumu. Read all posts at your own risk.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By BrianB on 01/27/2016 10:03 AM
My plan, if the board will buy it, is to switch to an E-bank. And, each meeting, our treasurer can bring a report of what checks need to be issued, to whom, how much, and why. Board votes to issue them, and then we go to the website and do it. Nothing gets written without a board vote and notes in the minutes as to what got done (we don't have many checks to write, honestly. Insurance 1/year, supplies for road maintenance each quarter, contract work, and maybe Postage Stamps). Most of our bills can be predicted, brought to the meeting openly, and approved.


Brian,

Stop it! You're killing me! I am ROTFLMFAO! A board vote to buy postage stamps! (Yes, I know. Those paper checks do not deliver themselves.) And another vote to approve writing a check for expenses that were already approved when the budget was adopted. That board must be proud of itself!
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By LarryB13 on 01/27/2016 11:09 AM
Posted By BrianB on 01/27/2016 10:03 AM
My plan, if the board will buy it, is to switch to an E-bank. And, each meeting, our treasurer can bring a report of what checks need to be issued, to whom, how much, and why. Board votes to issue them, and then we go to the website and do it. Nothing gets written without a board vote and notes in the minutes as to what got done (we don't have many checks to write, honestly. Insurance 1/year, supplies for road maintenance each quarter, contract work, and maybe Postage Stamps). Most of our bills can be predicted, brought to the meeting openly, and approved.


Brian,

Stop it! You're killing me! I am ROTFLMFAO! A board vote to buy postage stamps! (Yes, I know. Those paper checks do not deliver themselves.) And another vote to approve writing a check for expenses that were already approved when the budget was adopted. That board must be proud of itself!

I know it's overkill, but...

after the last couple years of some odd accounting practices, ATM cards used for soda pop, and lunches at Denny's (WTF?), I would rather go a little overboard on the openness side, and have documented that yes, we did authorize our secretary to spend $500 on postage stamps. See, it's here in the minutes. And here's the check number. And here's the bank record.

Much preferable to what we got handed by the last board when they left. Four boxes of papers, envelopes unopened from last year, and a treasurer that said "You know, I have no idea how much that lot owes. No way to tell."

We didn't even get a spreadsheet listing the lots, payments, names, etc.. "Oh, the computer crashed last summer, so... we've just been depositing the checks."

So yeah, we will be very visible in what we do for a while, because I got enough stink on me from inheriting the last board's mess. I don't need more from my new board.

RichardP13 (California)
Posts: 3,868
Posted:
Larry

I second that. Talk about overkill.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Brian,

Instead, you might want to suggest to stop utilizing atm and debit/credit cards.
Instead, members who have reimbursable expenses submit receipts and ask to be reimbursed (ideally, they get that permission for the odd items prior to the purchase).

This would remove the lunches at Denny's and drinks you are discussing.

Hiring an independent contractor to provide bookkeeping services can eliminate the financial mess you received earlier.

As I have been told several times, it's best to ACT not REACT to issues as reaction tends to be overkill to satisfy personal frustration of an individual or group and ACTing corrects the actual issue.
BrianB (California)
Posts: 2,820
Posted:
Thanks, Tim. already being done. Debit cards are being taken back and destroyed (against our by-laws, at least, how they were being used), and we'll go back to things the way they were, before our little rogue board started changing the game for their benefit.

and the new board will go overboard a bit this year, in being very transparent and painstaking in how we do business. Just to show that we aren't "the same old board".

CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By BrianB on 01/28/2016 11:46 AM
Thanks, Tim. already being done. Debit cards are being taken back and destroyed (against our by-laws, at least, how they were being used), and we'll go back to things the way they were, before our little rogue board started changing the game for their benefit.

and the new board will go overboard a bit this year, in being very transparent and painstaking in how we do business. Just to show that we aren't "the same old board".


Brian, from the outside looking in it is too easy to call the board rogue, doing what they want etc. The HOA gets what it deserves from the people it represents, and after you've lost sleep, hair and your will to fight for your HOA, you will see it's all for naught because you can be more transparent that plastic wrap and it won't matter. The next board that is seated will accuse you of all the same BS, (true or not) that you are accusing your previous board about. The old saying of don't point fingers until you've walked in their shoes highly accurate and I personally wish you a lot of luck, a good bottle of wine (or two) and a silver spoon to eat your piece of humble pie.
DonnaR5
Posts: 162
Posted:
Oh my, this is eye-opening. I've been in the process of looking for ways to improve my HOA's financial safeguards, to present at our February meeting. One frequently recommended practice is the two signatures on taking money from reserves... but if the bank won't verify that, it's useless. Not permitting wire transfers is another (I don't even know how wire transfers work, much less whether our funds are transferred that way). Not giving the property manager the permission or ability to take money from reserves is another. I'm pretty sure our manager can do it.

So what is a good set of policies for protecting against fraud and misuse of funds, for an HOA that has a management company?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DonnaR5 on 01/29/2016 7:43 AM

One frequently recommended practice is the two signatures on taking money from reserves... but if the bank won't verify that, it's useless.

It's not useless.

It's simply an internal control that is only verified internally.

Keep in mind that signature cards at the bank won't stop someone who is not on the signature card from writing a check. Those cards are only used and looked at if the account holder registers a complaint of a fraudulent check. Otherwise, they will be cashed and processed by the bank with no verification.
DonnaR5
Posts: 162
Posted:
OK, thanks. I see what you mean.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DonnaR5 on 01/29/2016 7:43 AM

So what is a good set of policies for protecting against fraud and misuse of funds, for an HOA that has a management company?

In my opinion, a few of the policies I would look for would be:

1)MC makes deposits and track payments

2) Accounts are in banks of the Associations choosing and under the Association name (i.e. the Association deals with the bank directly - anyone can make deposits to your account without being on the account).

3) MC prepares the checks, Treasurer signs them (i.e. MC does not have authority to sign checks).

OR

Association has 100% control of Reserve accounts and operating account is controlled by MC (this reduces risk)

4) Bank Statements and reconciliation statements are to be attached to financial reports (this way, everyone can see what is happening)
RichardP13 (California)
Posts: 3,868
Posted:
Tim

Have you live and/or been on a Board that utilized a MC?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Richard,

No I haven't.
We have utilized independent contractors for bookkeeping services.

That doesn't mean that the suggestions I made on finances are incorrect.

I have been on this site for a long time and have done a lot of research.
The major financial problems that occur (from what has been posted on this site and in the news) is improper use of funds or issues over funds when changing management companies. All of those issues would likely have not occurred if the Board kept control of the money or kept control of most of the money (i.e. Reserve funds). Granted, new laws and licensing requirements in some States have addressed some (perhaps most) of these issues. However, it's best to be prudent when dealing with Association finances.

There are MCs that want full control of the funds that they are handling. This, in my opinion, is not a good idea and is the root of most financial issues between MCs and Associations. Anyone who thinks its a good idea to give full control of Association finances over to someone please contact me and we will arrange to have all of your personal funds transferred into a bank of my choosing with only my name on the account.

Here are various links on the topic:

Protecting Your HOA from Fraud and Embezzlement from the Executive Council of Home Owners.

The Management Company – what is their role? from an attorneys website (be sure to scroll to the top of that page as well as there is some good information here)

Fraud Detection for Co-ops and Condos: When You suspect Something is Amiss 2010 article from the Cooperator New York

Best Practices: Financial Operations from Community Associations Institute Research Foundation

Practices to Prevent Fraud and Embezzlement in your HOA from a MC blog

Subject: How Does Your HOA Protect it's Money? 2013 thread on this forum

Smooth Criminals article from HOA-USA

Scam guide for homeowners’ association members and other nonprofits: Internet Scambusters #498 from scam-busters.org

Is Your HOA Protected? Avoiding Losses From Fraud - Embezzlement Improving Financial Security and Controls Separation of Duties - Responsibilities from a legal firm

Top 10 Reasons When You SHOULD Fire Your Community Property Management Company! from a management company
JohnC46 (South Carolina)
Posts: 14,265
Posted:
All

We pretty well let our MC run the financial show. We make our quarterly dues payments to a bank lockbox. We get monthly financial reports from the MC and the bank. We have a password with the bank that can stop payments to the MC with one phone call.

Our reserves are held in a different bank and the MC has no access to it other than a monthly report of such which they incorporate into our monthly financials.

No matter what system(s) one puts in place, a good thief can steal. Cheaters cheat and the good ones are near impossible to stop. I say the best safeguard is to spend your time personally reviewing/verifying your financials. If need be, make a few phone calls to see if payments are up to date. As an example, our largest monthly out lay is for landscaping and that provider would be on the phone to the BOD in a heartbeat if a payment was missed.

Do we put more trust in our MC than many recommend? Yes we do. Unless you want to do it all yourself, sooner or later you have to trust someone.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 01/30/2016 8:52 AM
No matter what system(s) one puts in place, a good thief can steal. Cheaters cheat and the good ones are near impossible to stop. I say the best safeguard is to spend your time personally reviewing/verifying your financials.

Yep.
Our reserves are at a different bank than our operating account which the MC manages. We can shut the MC off at any time. We get monthly statements mailed to us directly from both banks.
4 signers on our reserve accounts - Everyone but the Treasurer. Treasure keeps the physical checks. Two signatures required. So 3 people need to be involved for every reserve check issued.
Not long ago, I emailed the bank holding our reserves and asked them to send a certified check. They did. No questions asked because I was one of the people who set up the account originally and they know me. Did the bank follow our HOA's instructions? No. Did the bank follow my instruction? Yep. As a single individual, I could have stolen a big chunk of our reserves before anyone found out.
The value of safeguards is to reduce temptation not eliminate theft.

Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 3,868
Posted:
Tim

Whether a HOA is managed or self-managed, fraud can and does exists.

I have a more unique perspective than most here on this site. I have been a homeowner, a committee member, a board member, a board president and a property and now an owner of a property management firm. I have seen the good, bad and the ugly.

Ultimate responsibility rests with the Association and its Board members. I've read most of the article you attached and know some of the companies involved. Unfortunately, they are only telling part of the story.

This is for HOA's utilizing a management firm:

Operating accounts are opened through the bank(s) of the MC's choosing. The reason is the more accounts and money the more services and products they can provide to benefit the HOA. A couple that come to mind are ACH and lockbox. Operating account are ALWAYS opened under the Association's name in care of the management company, and separate account numbers are assigned to each association they may manage.

Reserve accounts, per California Civil Code, are controlled by the Associations. Funds from the dispensed from the reserve account require two signatures, whether of not the bank checks. They can be held by any bank of their choosing. Statements would go to the management company and a board member.

The days of two person signing checks is past. There is new and better technology available to associations in paying their bills. Again, its a recommendation, as the Board makes the FINAL decision. There are software companies that integrate with management software that will allow the association to approve ALL invoices prior to checks being cut. If their is a disagreement with the invoice, it is pulled from further processing.

I had gone to Board meetings where the Boards signed the checks. Out of 40 checks to sign they MAY have looked at one invoice. Financials were approved without any questions, turns out some that approved NEVER looked at, let alone, understood. You can lead a horse to water, BUT, you can't make them drink.

After I left the Board as president, I became Finance Chair. Didn't go over well with the management company at all. They didn't like being questioned about their sloppy accounting procedures. Problem was the Board didn't want to get involved.

Case in point. When I left the Board in 2012, our delinquencies were down to $60K and heading downwards with good collection policies in place. As of Dec 2015, they are $280K. Beginning of 2015, they said they collected $24K from a delinquent homeowner through escrow. They removed the amount from their mickey mouse spreadsheet, BUT the money NEVER got into the bank account. Bring the information to the Board and it falls on deaf ears.

California has rules that state the associations are to review the financial statements, which would include bank statements for both operating and reserve account on at least a quarterly basis. How many really do that?

Bottom-line, if you choose to look the other way, you have no one to blame but yourself and D & O or Fidelity insurance shouldn't cover you.

LarryB13 (Arizona)
Posts: 4,099
Posted:
The title of this thread, "Electronic banking in a two signature world," is very misleading. It is actually about issuing 19th-century financial instruments in the contemporary world of electronic banking.

Tim, I was amused by your justification for not using two-signature checks on your personal account while patting yourself on the back for insisting on them for your association. Unless you are the culprit, you would have no personal liability for the loss of association funds. You are not so lucky with your personal accounts; should your wife blow your life savings at the nearest casino you are personally going to take the loss. While I face that same risk, I do not insist that others use two-signature checks.

Here is a challenge for all who think a two-signature check is some sort of safeguard against unauthorized withdrawal of your funds: Send me one of your blank checks. Blank, not void. Since there are no signatures at all on the checks and I have no exemplars for the signatures, there is no way for me to cash it. Right?

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By LarryB13 on 01/30/2016 12:14 PM
Send me one of your blank checks. Blank, not void.

Address?

Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By LarryB13 on 01/30/2016 12:14 PM
The title of this thread, "Electronic banking in a two signature world," is very misleading. It is actually about issuing 19th-century financial instruments in the contemporary world of electronic banking.

Tim, I was amused by your justification for not using two-signature checks on your personal account while patting yourself on the back for insisting on them for your association. Unless you are the culprit, you would have no personal liability for the loss of association funds. You are not so lucky with your personal accounts; should your wife blow your life savings at the nearest casino you are personally going to take the loss. While I face that same risk, I do not insist that others use two-signature checks.

Here is a challenge for all who think a two-signature check is some sort of safeguard against unauthorized withdrawal of your funds: Send me one of your blank checks. Blank, not void. Since there are no signatures at all on the checks and I have no exemplars for the signatures, there is no way for me to cash it. Right?


Larry

I agree 100%

My responsibility as a management company is to put the proper safeguards, with the board's assistance, so that fraud is prevented, by anyone!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Larry,

Obviously, my response was tongue in cheek.

I do believe that everyone on this site has agreed that the 2 signature requirement is an internal control only and, at best, keeps temptation at bay for the typical honest person.

Every negative thing that has been said about it is true. Invoices may not get looked at by the second signatory, checks may even be signed ahead of time without an invoice simply to meet the requirement, minimize time and still get the bills paid in a timely manner.

However, if it is only partially used (as John does for their Reserve funds) and it removes temptation from one person - isn't it worth it. What's the harm in having it?

And yes, I have seen banks cash checks with no signatures especially with the incorporation of technology of ATMs and scan/deposit at home.

Tim
TimB4 (Tennessee)
Posts: 21,059
Posted:
Richard,

You do have a different perspective due to your experience that not all on this site have shared (but some have).

You and I obviously disagree on some things. However, those disagreements are based on our own experiences and our own research and although there is disagreement, it doesn't make either of our statements invalid. They are simply different options for the same goal - safeguarding the Association funds that a Director has a fiduciary duty to safeguard.

I believe we agree that Board members should take the time to educate themselves on various safeguards that can be put in place within their Association as not all safeguards are practical for all Associations. The Board should also take some time to review what new safeguards have been developed that may be better or compliment what they currently have in place.

The bottom line is (as you pointed out)-

Regardless of what safeguards are implemented, it's up to the Board to verify that those safeguards are working or not and make changes as needed.

RichardP13 (California)
Posts: 3,868
Posted:
Tim

As most CCRs state, the ultimate responsibility for the affairs of the association rests with the Board of Directors.

As John pointed out, at some point in life you have trust someone. If you try and micromanage everything, you will have a lot of sleepless nights. You also lose the cooperation of your team. If an HOA can't devote the time to really managing the association, MC's are a real benefit to them.

That said, and this is from experience, there are some bad MC's and some really bad MC's. Some where money and power are their driving force. But at the end of the day (someone I know really hates that phrase) there are some really good ones that will take their real life experiences to ensure that any association they manage doesn't have the same experience they had.

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