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Posted By RexR1 on 01/16/2018 4:32 AM
live in a 55 plus community of 120 units. Recently the president of our community took $150.000.00,and placed it into a C.D. that only pays 1.39% interest for 15 months. Our rules and regulations state that the reserve fund cannot be used for any kind of investment. He had no information of any kind from the Compass Bank, which he was totally set on having that bank be the only place to put the money with no other bids from anywhere. The banks' home office is in Spain With a few bank outlets in America. What proceedings can be done to get our money back?
Who had authority to write a check or move funds from one account to another? Is this authority documented at the bank? If so, and the bank violated its own rules, I imagine you could get the CD cashed in without penalty. If not, the rest of the board could tell the bank what happened and make an argument that the CD should be cashed in without penalty on legal grounds.
If the bank refuses to cash in the CD without penalty, then get through the 15 months and let this side of the matter go.
If I were on this HOA's board, I would motion for removal of the President; announcement of this unlawful action at a meeting; and discuss a possible Special Meeting for removal of the director.
I have heard of Compass Bank, so it is not like it is un-reputable. But the rate of interest underwhelms, based on the latest rates shown at bankrate.com, so this is troubling.