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DougM5 (Washington)
Posts: 20
Posted:
Our association uses [name removed] for financial management. The board is telling me I need to pay to review the financials, and the fees are from [name removed]. Anyone use [name removed]? How do you inspect your financials?
RichardP13 (California)
Posts: 3,868
Posted:
I find it amazing that a company of that size can't just provide some sort of financials of the pdf variety via email. If I had a homeowner ask that of my company and I was in the office, it is done in 15 minutes.

How are you going to review? You're in Washington and the company is in Tennessee and Wyoming.
DougM5 (Washington)
Posts: 20
Posted:
I have asked that the financials be placed in a folder on our association website, which requires,a,login. There's already a folder there. That's why I am asked if anyone uses [name removed]. I SUSPECT the board doesn't want this information available to homeowners.

RichardP13 (California)
Posts: 3,868
Posted:
Then the issue is with the Board and not with [name removed]. As others will attest to, the marching orders come from the Board.
RichardP13 (California)
Posts: 3,868
Posted:
Doug

In another post, you stated that the MC is in South Carolina, but [name removed] lists on their website locations in Tennessee and Wyoming.
DougM5 (Washington)
Posts: 20
Posted:
They seem to have offices all over. We actually mail our payment to North Carolina. I find it hard to believe that a company this large doesn't have a way to share financial information with owners....
MarkM31 (Washington)
Posts: 494
Posted:
I think you need to take them out of the equation. It is your boards responsibility to make these documents available
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By DougM5 on 03/04/2017 10:47 AM
They seem to have offices all over. We actually mail our payment to North Carolina. I find it hard to believe that a company this large doesn't have a way to share financial information with owners....

They could, BUT their duty is to the people who hired them, the BOD.
KerryL1 (California)
Posts: 14,550
Posted:
Doug, please take another look at the rules of this forum. Keep names of HOAs, MCs, etc. out o your posts.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
This is a case of an HOA board being blatantly non-transparent about the organization's finances. It symptomatic of a culture that isn't well. Keep in mind, the property management company is supplying the BOD with financial records and are not charging for the service.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Doug,

I answered the question about having to pay in your earlier thread on the topic. As I pointed out, the applicable Washington statutes support paying to review records.

I'd suggest narrowing the scope of the documents you are looking for.

I'd also suggest that you ask for an itemized list of charges prior to paying.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Asking the same question multiple times is kind of like watching the Titanic ... The ship still sinks in the end. Therefore, asking the same question multiple times will get you the same answers .
KarenT (Washington)
Posts: 250
Posted:
RCW (REVISED CODE OF WASHINGTON) chapter 64.38.045 addresses financial and other records. It does say " the association may impose or collect a reasonable charge for copies and any reasonable costs incurred by the Association in providing access to the records."
GenoS (Florida)
Posts: 4,276
Posted:
Come to Florida. Florida has a lot of problems but owner access to HOA financials isn't one of them (unless the board is crooked).

FS 720.303(5) INSPECTION AND COPYING OF RECORDS
"The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request."

The fact that your records are clear across the country in Tennessee says somebody has something to hide. That's how it looks, anyway.
DougM5 (Washington)
Posts: 20
Posted:
Thanks Karen. My situation is a condo, there's a separate set of rcw's for condos....
AugustinD
Posts: 5,144
Posted:
As MarkM said in the other thread, the controlling statute for condominiums is RCW 64.34.372: "All financial and other records of the association, including but not limited to checks, bank records, and invoices, are the property of the association, but shall be made reasonably available for examination and copying by the manager of the association, any unit owner, or the owner's authorized agents."

I do not think the Washington non-profit corporation act is going to trump this, since the Washington Condominium Act is more particular to condominiums than the non-profit corporation act.

If I recall correctly from the case law, "reasonably available" tends to pertain to times when the records may be viewed. A charge of $423 to view six months of records is not reasonable and I agree with others that this should be fought. The Board of this condominium is disinterested in transparency and is trying to suppress members' legal rights.

DougM5, can you run for the board with a majority of like-minded people?
SheliaH (Indiana)
Posts: 6,964
Posted:
I agree that on its face, $423 does seem excessive, and there may or may not be something Doug really needs to be concerned but I still don't see where Doug has said how large this condo association is, and as I said in his previous conversation, $423 could be based on the volume of records within this 6 months. Context is important - if you want to see EVERYTHING, it may take time to access all that information off a computer, looking in various areas, printing all of it off and then mailing it, unless Doug wants to go to the office and pick it up. In any case, the property manager isn't going to simply put all this together without someone paying for the time to put it together.

Even if you scan that information, you may need to break the PDF forms up, perhaps by month or type - and all of that takes time. Loading all this online takes time if that's where he wants to look at it. It's also been suggested that he narrow down his request a bit and he hasn't indicated where he'd consider that either.

I also agree with your suggestion about Doug's considering a run for the board - if they haven't been forthcoming on Association business (especially the finances), it may be Doug needs to rally together the neighbors and run for the board. If enough people are voted in to change the regime, they might consider getting an audit to ensure the money's being collected and spent as it should be.

So Doug, if you really want to look at all this information, are you willing to start with some sort of compromise regarding the volume? Or at least, ask the property manager for an itemization of this $423 and then see what you absolutely want to look at right now. Perhaps you need to see, say, $50 or $100 worth of stuff and then you can add on everything else. In the last conversation, I also suggested making an appointment to go to the office and perhaps looking at all of this stuff yourself on a computer - you haven't said if you'd consider that either.

It would appear that you have three choices - narrow down your request (I'm not saying you shouldn't or can't look at the other stuff, but start small and work your way up), talk to the property manager and get a breakdown of the costs and then negotiate from there - or pay it and look at the records.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DougM5 (Washington)
Posts: 20
Posted:
We are fairly small, 40 units across9 buildings. Most owners don't seem to care, excerpt when dues are raised. The board hired a,company on the other side of the country to handle the finances, the rest they are doing themselves. The ex-presidents husband does the maintenance/pool care. The board raided our reserves a couple years ago to make a payment for insurance. At one point we had 60k in reserves and operating funds. I am curious where we are now, financially....
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DougM5 on 03/08/2017 8:39 PM
We are fairly small, 40 units across9 buildings. Most owners don't seem to care, excerpt when dues are raised. The board hired a,company on the other side of the country to handle the finances, the rest they are doing themselves. The ex-presidents husband does the maintenance/pool care. The board raided our reserves a couple years ago to make a payment for insurance. At one point we had 60k in reserves and operating funds. I am curious where we are now, financially....

You have to decide what you want to see instead of making like a witch hunt and asking for the last 6 months financials which means everything. Maybe the last 6 month, monthly financial statements (1-2 pages each) will suffice
SheliaH (Indiana)
Posts: 6,964
Posted:
I appreciate your concern about your community’s financial status, but doesn’t your board publish some sort of annual financial report where you can see how well the association did in staying within budget? Have you been getting copies of the annual budget regularly? If you don’t have a clue about what’s going on financially, looking at all the financials might not do you any good because you don’t know what you really should be paying attention to.

Of course, it may be the board likes it that way – after all, no one else has asked questions because they’re happy dues aren’t raised. Maybe they figure if they charge you a bunch of money, you’ll be quiet. Then again, if the company doing the finances is across the country, that could be yet another reason for the $423 quote - they'd have to ship all this stuff to you.

And speaking of dues – have yours kept up with inflation? 2012 dollars won’t pay for the same amount of goods and services in 2017. “Keeping dues” artificially low has gotten lots of HOAs and condo association into trouble because they don’t seem to understand the price of everything goes up sooner or later. Homeownership isn’t cheap – if you didn’t want to take care of your home properly (so the property values will increase), you should rent an apartment. And then deal with rent increases because the landlord has to do maintenance and replacements too.

I think you need to first consider what bothers you the most about the finances and that will help determine what you need to look at first. For example, if you were to look at the year ending income/expense reports for the last five years, you might want to note which line items have been increasing and then ask why. Perhaps the snow removal budget has been blown because you had several bad winters two or three years in a row. Check the board meeting minutes to see what’s been discussed.

Back to reserves – what is the current balance? Reserves are supposed to pay for major repairs/replacement to the community, such as roof replacement. Was the money used to pay the insurance ever been replaced? When was the last time you had a reserve study? Has the board EVER commissioned a reserve study? If so, how well is the association following the study recommendations? Do you have any major repairs coming up this year, such as street or parking lot repaving? If so, has the board budgeted for that?

I suggest you start with an overview of the entire budget and then start drilling down. Perhaps ask for the year ending income/expense reports for the last five years – get it on a spreadsheet so you can compare line items and see how well the association stayed within budget. After checking the minutes to see what the discussions have been, you might want to have a sit down with the board members -– for example, did they look for other contractors before settling on the former president’s ex-husband to do the maintenance work? When was the last time anyone evaluated his quality of work or renegotiated his contract?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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