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LindaK10 (Maryland)
Posts: 9
Posted:
I was recently made the Treasurer of a condo association and the Board is preventing me from doing my job as outlined in the Bylaws. As an example, the President won't let me ask the Property Manager questions or request source documents. The President also prevents homeowners from asking questions at the Board meetings.

The condo association is in Maryland, any thoughts on going a legal route?
LetA (Nevada)
Posts: 2,679
Posted:
My first question. Were you placed on the HOA's bank accounts as a officer? AKA did you fill out a signature card for the Associations bank account?

If you are being prevented from being able to execute your duties, your board president should be removed. What does your governing documents say about removing an officer? Your CM should know better and correct the president. Sounds fishy to me, you may need to talk to your HOA attorney. I would seriously look at getting the president removed from the board.
AugustinD
Posts: 5,144
Posted:
Is a Board majority saying no you cannot have documents or ask the manager questions?
DouglasK1 (Florida)
Posts: 2,046
Posted:
In theory, the board should make decisions, not the president or any individual board member or officer. The president has specific duties as defined in your bylaws, such as chairing board meetings.

In reality, it depends on the rest of the board. If they are on the president's side, and will agree with what the pres says, then you have a majority against you. If the rest of the board members aren't haven't pledged a loyalty oath to the president, then you need to might want to try to work with them to choose a new president (from the board members).

I assume you were elected treasurer by the board, and if the board is behind you in allowing you to fulfill your duties then you should be able to resolve this fairly easily.

According to your bylaws, what are the duties of the treasurer?

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Ignore the President.

Contact the MC and ask to review the financials (be specific in what you want to review).

If you are blocked from doing so, bring the issue up at the next board meeting and, in front of the Board, ask the President and the MC why you are being prevented from doing your duty and what is it they are trying to keep you from finding out.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Need more context. Since our accounting firm did all our accounting, the Treasurer position was just that. A position to be filled. Now they may be another signature on our account as we required 2 officers to sign each check. It is possible that "Treasurer" is an officer position for that purpose only.

Now do not go contacting the HOA lawyer. They are NOT your personal lawyer. They are the HOA's. Only designated member should talk to them. It limits sources and resources. Lawyers charge money for each contact so best it stay limited and on topic. As for not talking to PM. That relationship with the HOA may be blurred. They are to work for the HOA and in the capacity of what the HOA wants them to do. It may be that they handle all the finances already. Which as a paid contractor of the HOA, they may not want that involvement into their business operations.

Former HOA President
LindaK10 (Maryland)
Posts: 9
Posted:
As more context, here is the Treasurer's role as noted in the bylaws:
The Treasurer shall have responsibility
for corporate. funds and securities and shall be responsible for
keeping full and accurate accounts of all receipts and
disbursements in books belonging to the corporation. He shall be
responsible for the deposit of all monies and other valuable
effects in the name, and to the credit, of the corporation in such
depositories as may from time to time be designated by the Board
of Directors. He shall be bonded under a fidelity bond in such
amount as may be determined by the Board of Directors.
President bullies others, there are five board members, two just sit in the meetings and vote yes or no on topics, the other board member is a good friend of the President.
Homeowners voted me in this past June, Board members voted me in as Treasurer. I provided an overview of revised financial statements that I will prepare and went over Board to keep an open mind.
Property management company employees (supposedly some functions are segregated, but no evidence) are the only signers on all accounts, manage the delinquencies, approve invoices, pay invoices, perform bank reconciliations, etc. When I asked to see the cancelled checks, I was told no as well as being provided the original statements, and directly receiving the lockbox report from the Bank that shows the monthly maintenance fee payments.
LindaK10 (Maryland)
Posts: 9
Posted:
Thank you for this advice, I like it.
LindaK10 (Maryland)
Posts: 9
Posted:
Good advice on the attorney, I have a lawyer friend who may provide a good attorney and the Anne Arundel County States Attorney is researching for me.
LindaK10 (Maryland)
Posts: 9
Posted:
here are the Treasurer's duties according to the bylaws:
The Treasurer shall have responsibility
for corporate. funds and securities and shall be responsible for
keeping full and accurate accounts of all receipts and
disbursements in books belonging to the corporation. He shall be
responsible for the deposit of all monies and other valuable
effects in the name, and to the credit, of the corporation in such
depositories as may from time to time be designated by the Board
of Directors. He shall be bonded under a fidelity bond in such
amount as may be determined by the Board of Directors.
LindaK10 (Maryland)
Posts: 9
Posted:
thank you, agree about the President. The last time this happened to me, I found fraud and now I am concerned something unethical is going on because the grounds are in disrepair - my building was only fixed because I made a comment. Board does not proactively do maintenance/improvements on the building and grounds - they rely on homeowners to report issues. I found deck wood and pillars rotting - so it is probably occurring with other buildings.
LindaK10 (Maryland)
Posts: 9
Posted:
Only the President, other Board members are silent, as usual.
LindaK10 (Maryland)
Posts: 9
Posted:
I am not on the Bank accounts and the Board agreed to let me see source documents during the last meeting, but that has since changed when I requested the documentation this week.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By LindaK10 on 08/03/2017 4:20 PM
I am not on the Bank accounts and the Board agreed to let me see source documents during the last meeting, but that has since changed when I requested the documentation this week.

The Boards decision changed or the MC refused to follow the boards decision?
TimB4 (Tennessee)
Posts: 21,061
Posted:
Linda,

It's a shame that the MC isn't required to be licensed in MD. Otherwise I would also suggest making a complaint against their license. Unfortunately, not an option.
RichardP13 (California)
Posts: 3,868
Posted:
As a management company myself, IF I were told by the President to withhold documents from another Board, let alone the newly appointed Teasurer, I would send a email to the whole Board about one individuals decision. If they did nothing, I would start the process to terminate the association. I wouldn't tolerate such behavior, if in fact it were true.
GenoS (Florida)
Posts: 4,276
Posted:
Sounds like my HOA late last year. The president insisted on opening all the mail, approving every check that went out (even though her signature was not required), gave herself the final say on every meeting agenda and the minuts of every meeting, unilaterally tried to impose a loyalty oath on the other directors, demanded that the rest of the board not discuss any subject whatsoever with the homeowners outside of a board meeting, started a backstabbing campaign against one director because, "she talks too much," and tried to strongarm a new annual budget line item for an "unspoken amenity" that doesn't exist anywhere in our governing documents.

Do whatever it takes, legally, to make sure you are able to carry out the Treasurer's duties in accordance with your bylaws. You may have to find enough owners that care enough to help correct the situation.
CjC
Posts: 210
Posted:
As the Treasurer I can't fathom a reason why they would withhold this. As a resident you should have the right to inspect the books and documents. I would put the request in writing with a deadline and if they don't respond accordingly, you have the right to pursue in a court of law to compel them to produce the documents. Is the MC or the president refusing?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LindaK10 on 08/03/2017 4:16 PM
here are the Treasurer's duties according to the bylaws:
The Treasurer shall have responsibility
for corporate. funds and securities and shall be responsible for
keeping full and accurate accounts of all receipts and
disbursements in books belonging to the corporation. He shall be
responsible for the deposit of all monies and other valuable
effects in the name, and to the credit, of the corporation in such
depositories as may from time to time be designated by the Board
of Directors. He shall be bonded under a fidelity bond in such
amount as may be determined by the Board of Directors.

Except for being bonded and handling money paid to Association, you potentially have the same rights to view these documents as an Owner!!! I am with others in that if you are being denied to see documents ... what Is anyone trying to hide??? If you do not have anything to hide their is no reason to deny proper access.
LindaK10 (Maryland)
Posts: 9
Posted:
Thank you so much for all of this useful information! I reached out to the MD State Attorney General's office and an attorney. I have decided to disclose to the Board members that if I am denied access to the books and records, I will inform all homeowners indicating the red flags and concerns about hiding information. I will post how this progresses.

Again, thank you for all of the responses. I previously found fraud in another organization, so I get concerned in these types of situations.

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