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ElizabethN2 (Colorado)
Posts: 7
Posted:
Hi. I will try to keep this as short as possible.

I joined the board for my 336 single-family home HOA in November of 2015. At the time I was elected I was put into a member at large position, which suited me just fine. Over the course of the last 7ish months our VP left and our treasurer stepped down due to military commitments. I was moved up into the treasurer spot and a new VP was brought up from another member at large position.

Our HOA is a mess. We are a military community and have over $30,000 in delinquent funds. The board, including me, is not very happy with our management company currently and we are looking at the options of firing them and either get a new management company, self manage, or dissolve the HOA.

In anticipation of the board's favorite by majority (not my favorite option), self managing, the board decided to purchase a computer and related materials for our use for HOA matters.

In order to purchase the computer, the president and secretary went out and used generic checks from the bank. Wrote them to themselves and cashed them. In total $1150.00. The money was spent to buy computer, external hard drive, and printer supplies, and in my opinion money was not spent in a responsible manner. There was about a $50 difference between what they spent and what they took out. The president owes about $50 back to the HOA funds. I told him as much and he became angry that I was asking him to return the money. The VP (with whom I have had a different conflict with recently) stated that he should use the $50 for mileage. I replied back that if the president wanted mileage then he could send me the traveled miles and I would use the government rate to calculate.

I was then told by the VP that I could have my own opinion and state that opinion but "If it comes down to a vote I know which way it will come out so do what you need to do..."

This VP is not the most professional person and in group text messages has made sexually graphic remarks about our management company team. He also has sent pictures via the group message of him giving the finger (somewhat directed at me due to the aforementioned other matter). An on a probably unrelated note, he is drunk most of the time that he is not working in his professional career.

My questions are:
1) If this $50 gets "explained" by the rest of the board and not refunded to accounts, am I any way responsible?
2) I feel like I am part of a sinking ship and I am the only one trying to patch the hole, do I leave the board? I hate to be a quitter and would really have to put a lot of effort in in order to not burn bridges.

What are my options?

Thanks
LarryB13 (Arizona)
Posts: 4,099
Posted:
Resigning from a board is always a bad idea. The board will select your replacement who will more like them than like you.

With $30,000 in delinquencies, I think you are making way too much of a missing $50. Let it go; you have bigger fish to fry.

Your board does not sound like one that would be capable of self-management but your old/current management company is not serving you well if it allowed all those delinquencies to pile up.

As to the VP who "is drunk most of the time that he is not working in his professional career," my guess is that he is drunk there, too. He will eventually self-destruct.

ElizabethN2 (Colorado)
Posts: 7
Posted:
I will take recommendations on reducing delinquent funds. We are a military community and so a lot of our residents PCS and rent out their house. If they are deployed then they fall under the law that they don't have to pay when they are deployed (the name of that law escapes me). We also have quite a few homes in foreclosure or just vacant.

Want to know the best part. For our 336 homes... the HOA YEARLY dues are $125.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Would you mind sharing your annual budget?

Sikubali jukumu. Read all posts at your own risk.
ElizabethN2 (Colorado)
Posts: 7
Posted:
In what regard?

Income 54,525.00

Expenses: 56,650.41

ElizabethN2 (Colorado)
Posts: 7
Posted:
My biggest concern right now is that I don't want to be responsible as treasurer for missing funds. I also don't want to set precedent.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By ElizabethN2 on 06/03/2016 4:55 PM
In what regard?

Income 54,525.00

Expenses: 56,650.41


What are your big expense categories? How much do you spend on each?

Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Eliz

Your association has more issues than $50. Get off the $50 and work on the delinquencies.

AugustinD
Posts: 5,144
Posted:
Elizabeth, you can consider making a motion at the next board meeting to record that the President is taking an extra $50 as compensation for a mere x miles of driving? Note the part of your Bylaws that states that directors may be compensated for expenses, but there is no receipt and you feel nor is there a reasonable justification for this expense. Being transparent takes much of the burden off you as treasurer. After this discussion, prepare to discuss what the governing documents (declaration and bylaws most likely) say are the powers of the Association with respect to collecting past delinquencies. What notices have been sent out to inform members they are delinquent? Can liens be placed on homes? Is interest to be charged? Some HOAs use collections attorneys, but I think the more financially prudent route is to just place a lien on the house (after proper notice). The money will come back in, with any Declaration-authorized interest, over time as houses are sold and purchased.

If both these discussions go poorly, and if I were in your shoes, I would be in conflict over the sexist VP; the embezzling President; and being pressured to join in a coverup of said embezzlement. Such conflict takes a toll in lost hours of sleep, hostility from people you do not even respect, and unhappiness. All for what? Could you make a difference on this board? I think only in the movies does someone so outnumbered by incompetent fools sometimes have a Cinderella moment and all ends up well. After your motion is voted down, I would write a short letter of resignation to the board, stating all of what you say above as reasons why you cannot serve with them, and letting the board know that you think it's important to tell people why you left, if asked. It's possible the greatest service you can do for this board is to leave on these terms. You will then be saving your fine attitude and energy for a board where your talents and integrity have a chance of making a difference.

Else give by sacrificing yourself through service to this board, and you might make some small difference or, over time, a much larger difference. No guarantees.
ElizabethN2 (Colorado)
Posts: 7
Posted:
Big ones:

Landscaping 9500
Insurance: 2000
Legal: 10,000
Management: 12,300
Website: 3,000
copy: 2400
Postage: 3700
Misc Office: 3764
BadDebt/ Collection: 6,250
NpS (Pennsylvania)
Posts: 4,216
Posted:
Your budgets way off.

First off you need to figure out how to reduce your expenses by at least $2k. No way you should be running at a loss even though you have delinquents.

Looks like the only real service you provide is landscaping, and that's just 20% of your budget. 80% on non-services is way out of whack.

Postage is a crazy number. Copying too. So is misc office.

You're a single family development. Looks like you have no amenities. Just grounds to take care of.

Don't understand why you're insurance is so high. Can you break it down into its components.

Forget about the 50 bucks.

You've got a ton of money going down the drain.

You could probably run your place for about 60% of what you're spending.

You could also start to put money toward reserves.

Get control of your expenses first. Fire the MC if you have to.

Delinquencies not your biggest problem. Plenty of time to deal with that once you've got your operations under control financially.


Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Elizabeth,

I agree with others, stay on the Board.

As for the $50, disclose the issue in a written report to the entire board (and insist that that report be part of the minutes).
Don't mention names, simply mention that the receipt for the Association computer does not equal the checks written. The amount of the difference is $xx.xx How does the Board wish to handle this situation? The options I see are a,b,c

As for the delinquencies, if they are from military families, I understand the difficulties the laws create in collecting. However, I also know of another option where a simple letter will likely correct the issue. If interested, contact me: [email protected]

Tim
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There are some ways to reduce your expenses. First off, reduce the legal and collections. Your HOA needs to make a few policies in this area to reduce the expense. The collections your HOA should have a policy of when it starts collecting. Our HOA we do monthly dues. The policy is that at 6 months behind we lien and at 1 year we CONSIDER foreclosure. As Tim mentioned, Active Military can be exempt from these actions while deployed/active. Foreclosure decision is the last resort and no reason a HOA can't just keep a lien going.

Once your HOA puts in a solid collections deadline/policy it should help reducing many of the expenses your HOA incurs. Liens are to include the legal expenses the HOA incurs in filing. Which in our case, it was about $400 to file a lien. Why would we do that until the dues owed equal or exceeded that amount? Plus it allows for some negotiation room in collections like sans interest/late fees if paid etc...

Legal costs? What is your HOA actually spending and getting for this? Do you have just one source that works with the lawyer? Only the President in our HOA can communicate to the lawyer but ONLY after approval of the board. Limiting who contacts the lawyer can reduce expenses. Plus using the right lawyer for your needs helps. You don't need a "Real Estate" lawyer in a HOA. A lawyer familiar with business or collections will do. Legal services can also help.

A HOA should spend as much as it collects. It is a non-profit. Don't get ahead of yourselves and try to run it like your home budget. Remember the money in the HOA is NOT your money.. It is EVERYONE's money. So treat it as such where everyone has a say so in how it is spent.

Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By ElizabethN2 on 06/03/2016 7:48 PM
Big ones:

Landscaping 9500
Insurance: 2000
Legal: 10,000
Management: 12,300
Website: 3,000
copy: 2400
Postage: 3700
Misc Office: 3764
BadDebt/ Collection: 6,250

REDO:

Your most important issue is that so few of your dollars actually go to community services. You bring in $54k but the only visible service your HOA provides is landscaping at less than $10k.

One way to improve collections is to show the community that their money is going toward something they see and not being wasted on administrative overhead.

We've got 4x your budget and spend less than 1/4 of what you spend on copying, postage, and misc. If you look there, I bet you're going to find a lot of waste. Those are the dollars you should be investigating before you bother with the change from the $50.

Not sure what your management company does for you. If the only service you provide is landscaping, then sure you can self manage. Not sure why you need to spend $12k on the MC.

You shouldn't confuse your collections problems with running the HOA. If you separated out the legal and the bad debt, then it seems that the job of managing the HOA is rather simple and should be done very economically.

There are other ways to improve collections and minimize lawyer costs, but first things first.

Immediately reduce spending by $2k so that you don't spend more than you take in.

Next, get your administrative costs under control.

Life will be better when you do these 2 things. Then, you can shift your attention to the delinquencies.

But first things first. The the services and administrative part of your operation under control.

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
Apologies if I messed it, Elizabeth, but what is the breakdown of the $10,000 legal fees?
CyrstalB (Maryland)
Posts: 457
Posted:
Take a reality check Elizabeth, if I were in your shoes, I would ask myself just what is my personal objective on serving on this board? From what you have stated in your original post it doesn't sound as if you have a clear shot at getting your HOA under control.

The current board has a drunk on it, they are spending money without proper procedure and if questioned they give you grief for doing your job, your in a community that will always have delinquent funds due to it's the high military aspect, after years of paying a management company, the board wants to self manage itself out of a mess that is pretty bad.

If dissolving the HOA was put on the table, all of you on the board on only spinning your wheels until the time comes and it is forced in to being dissolved. The delinquencies will only build up, and to fight for the liens or whatever your docs allows is not an easy path towards a healthy HOA.

So why are you interested in doing battle for something that is already on the skids as it is?
Can you, as one person truly wage the proper initiative and fight it will take to get it under control? Are you willing to put your family at stake to fight it? Or is saving face more important by not resigning?

You will not be a quitter if you resign, you will be a winner, for yourself and your family. Ask yourself why you are willing to fight a fight that you will lose? Who are you going to battle for exactly? 300 some homeowners who don't care themselves? Is it all worth the stress and aggravation that you are already feeling over it now?

These HOA's are a losing battle for many, many neighborhoods and I've seen too many good people get stressed out over trying to fight for something that has no clear cut path to being "a wonderful place to live".

Good luck!

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We were self managed from 2010 to 2013 it was a nightmare. A few months ago when the VP came to me suggesting we go to self management again I told him if we do I will not be on the Board. Unlike the original poster we currently have (in my opinion) good Board Members who would be capable of self management. But who knows in the future what will happen as we elect new Board members.

I know it was our Secretary who suggested self management to the VP.

But I agree the OP should not resign at this time. But I would suggest he document any and all problems he has with the Board Members.

When I was treasurer there was a VP who did not even want me to see the bank statement. When I mentioned it she said something to the effect that I don't trust anyone. Now all Board members who want can have internet access to our read only bank account. So things can change.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Bonnie and Crystal

Your general perspectives may not necessarily apply to the situation.

From what the OP posted, my best guess is that:

These are single family residences and the HOA only provides common area landscaping services. They bring in $54k in revenues, but the landscaping only costs $9.5k.

I see no reason why this setup needs an MC. I see no reason why the HOA can't self manage.

I know of several communities like this. All of them have a single person who runs the show. The board meets once a year. That's all they need.

As I posted earlier, it's important to separate the operating needs of the community from the bloated administration and collection issues that are causing the problems.

Important not to forget that the OP's administration and collection headaches do not have a direct effect on the basic services of the community - providing landscaping for the common area of single family residences.


Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Landscaping 9500 - Could be fair.
Insurance: 2000 - Could be fair.
Legal: 10,000 - Outrageous.
Management: 12,300 - Could be fair.
Website: 3,000 - Outrageous.
copy: 2400 - Borders on outrageous.
Postage: 3700 - Borders on outrageous.
Misc Office: 3764 - Borders on outrageous.
BadDebt/ Collection: 6,250 - Do not know understand who/where spent on.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 06/05/2016 9:14 AM
Landscaping 9500 - Could be fair.
Insurance: 2000 - Could be fair.
Legal: 10,000 - Outrageous.
Management: 12,300 - Could be fair.
Website: 3,000 - Outrageous.
copy: 2400 - Borders on outrageous.
Postage: 3700 - Borders on outrageous.
Misc Office: 3764 - Borders on outrageous.
BadDebt/ Collection: 6,250 - Do not know understand who/where spent on.


I think the OP is including the cost of the computer, etc. in what she's calling "website."

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Legal: 10,000 - Outrageous. Depends what the work is for. If for collections, that could be the amount just for 10 delinquencies (and the OP stated that there were several).

Website: 3,000 - Outrageous. Depends what level of service they are getting. Full service websites can cost as much as 3K. Simple domain registration and hosting for a site you administrate yourself can be as little as $85 per year (which is what we pay).

copy: 2400 - Borders on outrageous. Again it depends on quantity, if the Association is taking advantage of discount cards, if the MC is copying or if the Association owns and maintains a copier. It seems high but if there are newsletters printed and mailed every other month, it could account for the cost.

Postage: 3700 - Borders on outrageous Totally agree. at 49 cents a letter (less if stamps are purchased when the price reduced) that's over 7500 letters being mailed. With 336 lots, that equates to 22 letters a year. If monthly statements are being mailed for assessments, then perhaps this cost is high. However, it could be reduced by utilizing payment books vs. monthly statements.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By NpS on 06/05/2016 6:47 AM
Bonnie and Crystal

Your general perspectives may not necessarily apply to the situation.

From what the OP posted, my best guess is that:

These are single family residences and the HOA only provides common area landscaping services. They bring in $54k in revenues, but the landscaping only costs $9.5k.

I see no reason why this setup needs an MC. I see no reason why the HOA can't self manage.

I know of several communities like this. All of them have a single person who runs the show. The board meets once a year. That's all they need.

As I posted earlier, it's important to separate the operating needs of the community from the bloated administration and collection issues that are causing the problems.

Important not to forget that the OP's administration and collection headaches do not have a direct effect on the basic services of the community - providing landscaping for the common area of single family residences.

Whoops I didn't pay enough attention. My mindset is apartment style condominium building. Just like posters who have a mindset of individual houses sometimes apply to my post with suggestions that do not work in my situation.


CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By NpS on 06/05/2016 6:47 AM
Bonnie and Crystal

Your general perspectives may not necessarily apply to the situation.

From what the OP posted, my best guess is that:

These are single family residences and the HOA only provides common area landscaping services. They bring in $54k in revenues, but the landscaping only costs $9.5k.

I see no reason why this setup needs an MC. I see no reason why the HOA can't self manage.

I know of several communities like this. All of them have a single person who runs the show. The board meets once a year. That's all they need.

As I posted earlier, it's important to separate the operating needs of the community from the bloated administration and collection issues that are causing the problems.

Important not to forget that the OP's administration and collection headaches do not have a direct effect on the basic services of the community - providing landscaping for the common area of single family residences.


Thank you NPS, however my perspective has nothing to do with money. The OP needs is considering resigning, and that was my perspective thank you.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By CyrstalB on 06/07/2016 5:09 AM
Thank you NPS, however my perspective has nothing to do with money. The OP needs is considering resigning, and that was my perspective thank you.

Understood. No offense intended.

I addressed you because I thought you were making generalizations that might not apply to the OP's particular situation.

When I saw that the money was out of whack and that the only service the HOA provided was landscaping the common areas in a SFR community, I figured that this situation should be a lot easier to turn around than HOAs that are much more complex and provide many more services.

If what I'm saying is accurate about the OP's HOA, do you still think that resigning is the best path for the OP?

Sikubali jukumu. Read all posts at your own risk.
PitA
Posts: 1,416
Posted:
Resigning and MOVING to a non HOA home is the best path.

As it would for MOST OF US.

I, however, am a glutton for punishment and stay put.

Circling the drain in my wonderful 55+ gated and walled prison.
GordonS1 (Washington)
Posts: 18
Posted:
Quote:
Posted By ElizabethN2 on 06/03/2016 7:48 PM
Big ones:

Landscaping 9500
Insurance: 2000
Legal: 10,000
Management: 12,300
Website: 3,000
copy: 2400
Postage: 3700
Misc Office: 3764
BadDebt/ Collection: 6,250

The way these expenses are structured, I strongly suspect that the management company is taking this association for a ride. I've seen this behavior when the MC sees that there's no one in the association paying attention. The MC contract is for a base amount ($12K) but many of the actual management tasks are subject to massively inflated 'a la carte' prices which are pure profit for the company. Example:

Envelopes $1 each
Mailed Statements $1 per page
Office Supply Fee $1 per unit per month

So even though the management fee is buying paper, envelopes, etc. in bulk, it charges the association a huge markup. This model creates a perverse incentive for the MC to generate massive amounts of paperwork - e.g., one mailed statement per month, plus a monthly newsletter, plus a quarterly 'community update' or 'rules reminder' and on and on.

In one instance, I've observed a company sending out monthly statements to a delinquent homeowner who had abandoned the property over 7 YEARS prior. The statement was generated, printed, postage purchased, and mailed every month. And every month, the envelope would come back, unopened and marked as undeliverable from the post office. At no point did the company think maybe they should dial down the frequency, or search for an alternate address, or just even INFORM someone of such excessive waste, because all this 'work' was generating profit at the association's expense.

For an association with annual dues and only one real service, I agree the whole affair could be managed with very little oversight. A management company can remove the burden from volunteer leaders, but still needs to be kept in check to avoid excessive cost overruns as is happening here.

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