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RS8 (Arizona)
Posts: 17
Posted:

My opinion is that an audit is so that HOA members can have transparency into their finances of their community. Besides the members paid for it. It only seems reasonable that the members read the audit results. This seems like a no brainer.

After 10 years without an audit, I finally forced the issue and had a full audit approved by the board. The results were as expected: the HOA is waaaaaaaaay off track on standard financial procedures, reporting, taxes, savings, checks and balances, bidding, transparency etc.

I am getting push back from a board member to keep it under wraps and let the board address the mess behind the scenes. LOL they are the ones that created it in the first place. I say let the member's view the document. What do you guys do with your audit results.

SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By RS8 on 11/17/2016 5:32 PM

My opinion is that an audit is so that HOA members can have transparency into their finances of their community. Besides the members paid for it. It only seems reasonable that the members read the audit results. This seems like a no brainer.

After 10 years without an audit, I finally forced the issue and had a full audit approved by the board. The results were as expected: the HOA is waaaaaaaaay off track on standard financial procedures, reporting, taxes, savings, checks and balances, bidding, transparency etc.

I am getting push back from a board member to keep it under wraps and let the board address the mess behind the scenes. LOL they are the ones that created it in the first place. I say let the member's view the document. What do you guys do with your audit results.


I agree the members have a right to take a look at it if they want, but more importantly, the board needs to come up with a plan on how to address the problems uncovered by the audit. As you have guessed, the reason this board member doesn't want others to see it is because people will ask questions as to why and how the board let things get to this point, and begin considering not re-electing him/her to the position. But such is politics - even if you do everything right, people still nitpick, so you may as well do what's right from the start.

Anyway, take a long, hard look at the audit - hopefully, some suggestions were made that your board should take seriously. There are various books on the web about running HOAs and managing the money (the community association institute website is a good place to start). If you have a property manager, you need to take a serious look at him/her, also because if they've been charged with preparing the books, you may need to reconsider keeping them.

EVERYONE shares responsibility - the board was apparently lax and didn't keep track, while the homeowners didn't ask enough questions for 10 years. I'm assuming you're on the board, so now that you have your audit, you should lead the way in turning things around. You can't and shouldn't do this by yourself - start looking for some like minded people who might make up some sort of finance committee that can develop procedures for the board's review and approval. Once those procedures are in place, the finance committee can serve as some sort of oversight group to continue to make recommendations.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
I have mixed opinions on this one.

I agree that the audit should be available for those who desire to see it.
We provide ours through our website.

Although the audit should be available, that doesn't mean the Association has to give everyone a copy regardless if they request a copy or not. Instead, a simple statement at the annual meeting and (perhaps) in the newsletter specifying what the CPA found and what steps the Board is taking to correct the issues can be done. There is also no real need to go into specifics on everything.

For example: The CPA discovered some issues with our record keeping. In response, the Board is creating a records policy to correct those issues.

ND (PA)
Posts: 792
Posted:
I'm more or less with others on this one.

Owners should be able to receive a copy of the audit if they desire a copy. However, I would make it known that the audit is available only after the Board has carefully reviewed it and developed a get-well plan. But that plan needs to be done quickly so release of that plan and the audit is timely.

Releasing the audit and informing ownership how screwed up things are without simultaneously showing the get-well plan will most certainly create havoc. The Board Members' time will quickly be consumed by questions, criticism, and calls for their head. Their time right now needs to be spent on figuring out what went wrong and how to make things right.

If things are so severely off track, the Board should look into hiring a professional who can help create this get-well plan. Good luck.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Believe it or not all stock holding corporations do release this information. They are required to do it to their stockholders. If you own stock in a company they will send you a "Prospectus". Which basically lays out the whole corporate plans, financials, and even the bad stuff. If you read one of them, there is a section where they list any litigation they are involved in. They also post other information like losses and other potential/existing damages. Hence why your HOA being a corporation has to release financial information and records to it's members.

Now with that said... The issue is that even though the HOA is being open and honest, it also welcomes scrutiny. It is that scrutiny that causes the most worry and headaches. Your HOA may just get the results of an audit just to have the wolves at the door... The board may not even get a chance to breath and create a plan.

So I recommend that the HOA if audited, say they need to take a moment to review and create a plan. Once the board gets it's bearings and direction, I think it's all fair game then. Now the time period I think should just be 1 meeting or maybe 2. After that it should be openly discussed ad welcomed feedback if other members have ideas. This way your HOA can say "Hey we recognize we have issues, let us take a minute to discuss, plan, and unite".

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
If the audit was requested by the HOA and paid for by them then it is an HOA record. Per state law, upon request by any member the HOA must allow inspection of the audit and provide copies at the member's expense if so requested.

My personal opinion is that few members will want to review the audit.

KerryL1 (California)
Posts: 14,550
Posted:
In CA, either an annual review or annual audit is required of all HOAs who meet the criterion below:

CA Civil Code ยง5305. Review of Financial Statement.

"Unless the governing documents impose more stringent standards, a review of the financial statement of the association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California Board of Accountancy for any fiscal year in which the gross income to the association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statement shall be distributed to the members within 120 days after the close of each fiscal year, by individual delivery or by email if consent has been given]..."

Our docs do require an annual audit and we do US- or email it to every Owner. Since it's not due to owners till 120 days after the end of the fiscal year, any Board should have time to put together a plan to correct big messes which, as others have written, the Board would want to send with the audit. If the situation is bad enough, I'd say the board would want to maybe hold an open meeting or town Hall for all members to discuss the situation.

But Larry is very knowledgable about AZ and apparently an audit or review is not required as in CA. And apparently there's no requirement to send the audit to each member.

(it Looks to me that Melissa might be talking about "being audited" when she wrote: "So I recommend that the HOA if [sic] audited..." But I'm not sure.
LarryB13 (Arizona)
Posts: 4,099
Posted:
I was just about to post that there is no Arizona audit requirement. That would have been so wrong!

Here is the full text of ARS 33-1810:
"Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association. The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year and shall be made available upon request to the members within thirty days after its completion."

I am not certain as to the difference between "audit, review or compilation" and the statute provides no guidance. It appears that the board must do one of those within six months after the end of each fiscal year.

There seems to be nothing in the statutes to require that the "audit, review or compilation" be publicized or distributed to the members. If a member request to see it then the association must make it available within ten business days. If the member wants hard copies, the association must provide them at a cost of no more than 15 cents per page. ARS 33-1805.
SueW6 (Michigan)
Posts: 814
Posted:
We did "audit reviews" which were signed off by two members (not on the board). This just looked for standard

A full financial audit costs a lot of $$ and is done by a CPA, I believe.

I did another kind of "audit" for my HOA some years ago. Here's what I requested from the Secretary:

1. All legal corporation documents in one binder (copies accepted; originals in lock-box) Bylaws, IRS Determination Letter, other HOA/Corporation filings, Annual Reports to the State, etc.
2. Binder containing all minutes of the Board meetings for the last 3 years with motions either capitalized or underlined in the minutes (easy to find).
3. Binder with minutes of the Annual Meetings, including all committee reports and annual report from the Treasurer (Financial report)
4. Binder containing all financial and IRS filings that would be "open" to members to review.
5. Binder containing copies of all contracts with outside vendors and employees contracts.
6. List of names, addresses and status of all homeowner members.

KerryL1 (California)
Posts: 14,550
Posted:
I thought maybe AZ had some kind of requirements, Larry--good you found them.

The below is from Davis-Stirling.com, a website compiled by a CA HOA law firm and includes the distinctions among the three procedures.

"There are three levels of examination for financial statements.

Audit. If an association's governing documents require an audit, a licensee of the California State Board of Accountancy (a Certified Public Accountant) performs an extensive examination of the association's financial records and issues a statement as to their compliance with generally accepted accounting principles (GAAP). An audit is performed in accordance with GAAS (generally accepted auditing standards) established by the American Institute of CPAs (AICPA). The auditing standards are described in Statements on Auditing Standards (SAS). An audit provides a "reasonable level of assurance" that the financial statements are materially correct. As a result, audits are more expensive than reviews and compilations.

Review. If an association's governing documents are silent regarding an audit, the Davis-Stirling Act requires, at a minimum, a "review" of the finances for any fiscal year in which the association's gross income exceeds $75,000. (Civ. Code ยง5305.) In a review, a CPA performs limited inquiries in accordance with GAAS .... and gives "limited assurance" that the financial statement is materially correct. Reviewing standards are described in Statements on Standards for Accounting and Review Services (SSARS).

Compilation. A compilation is the lowest level of review in which a CPA assembles information provided by an association. The CPA need not be independent and is required to perform very few procedures. Further, the CPA takes little responsibility for the financial statement and gives no assurance as to compliance with GAAP.

NOTE: Neither audits nor reviews guarantee that embezzlement will be detected."
SueW6 (Michigan)
Posts: 814
Posted:
A suspicious check amount should be matched with a motion in the minutes.

For example, if there is a check for $1,000 written out to Joe Blow, there should be a matching motion authorizing payment to Joe Blow.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Transparency is best. If things are messed up, they are messed up. Its just reality.

If it was my HOA I would email a link to the PDF to every homeowner. Why? Its obvious the HOA mgmt needs some new blood. The people that would take the time to read the report, would also be the type of people who would volunteer and have the skills/interest to actually help out. If the current people running the HOA have caused this mess, they are unlikely to fix it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
RS

I can agree with keeping the audit temporarily under wraps especially if the BOD can easily cure some of the issues up many which might require a mea culpa and a procedure change. That said, if there are glowing errors then best fellow owners be informed and action taken to correct them but even then, do not be to hasty. Best to offer up a solution to a problem then just the problem itself.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Yes. Let members view the audit report.

Yes. Have the HOA Board quickly (but with deliberation) create a tangible plan for correcting the challenges outlined in the audit.

Your board transparently reveals the problems but issues the answers. This reflects strong leadership if the board follows through.

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