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JasonB13 (Florida)
Posts: 37
Posted:
Anyone in FL know if the legal disclosure rules for a Holiday Fund? Our board just takes the money and distributes it somehow without disclosing the amount collected, who gets it or how much anyone gets. It seems to me this fund could be sed in nefarious ways without any kind of disclosure.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, I don't live in Florida and I do understand your concern, but why haven't you asked your board these questions, or have you? What do your documents say about using Association funds? Is the fund part of your annual budget - if so, the homeowners should know its purpose, how it's funded and where the money has gone (e.g. X amount was used last year to fund a community holiday party). If you're not getting a response or doublespeak, perhaps you and your fellow homeowners should elect new board members who will be more forthcoming.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BenA2 (Texas)
Posts: 1,273
Posted:
Assuming you are talking about HOA funds, you as a member have a right to know how much money you have and how it is spent. If this is an informal collection that someone takes up for gifts or decorations, then it probably would not be considered HOA funds.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why did someone buy a new car? Seriously, no matter if they distributed the money fairly and honestly, it's always going to be suspect to someone. Like "The HOA uses the money for a Holiday Party but not everyone goes". Is this fair? or "I noticed the HOA President carried in a New TV into their house"... So they must be giving that money to line their pockets...

Should the HOA disclose the money in the "holiday fund"? Yes. It should be a budget item on the expense report. Which should show up in the monthly report for December. (Often distributed in January). How or why they do it should also be known. Is it a gift card for all their hard work? Typically board members are all volunteer. This may be a way members feel is a way to show appreciation.

If you already think your board is doing bad things with the money, then that will be the results your going to be looking for. Is it such a bad thing a board member goes to Ruby Tuesdays for a meal with a gift card? Or is that nefarious for you?

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
Holiday Fund? Are you in a condo or an HOA?

"They call Alabama the Crimson Tide"
DaveD3 (Michigan)
Posts: 796
Posted:
What the heck is a "holiday fund"?
BenA2 (Texas)
Posts: 1,273
Posted:
YES! If the board uses HOA money to take themselves out to dinner, that is a bad thing. If there is a budget item for gifts to workers, that's okay, but it would be unethical for a board to give themselves gifts.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By MelissaP1 on 01/20/2018 7:33 PM
Is it such a bad thing a board member goes to Ruby Tuesdays for a meal with a gift card? Or is that nefarious for you?

YES! If the board uses HOA money to take themselves out to dinner, that is a bad thing. If there is a budget item for gifts to workers, that's okay, but it would be unethical for a board to give themselves gifts.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I'm not exactly sure either what the OP means by "holiday fund", but it might be similar to something we've done here. The association doesn't pay for holiday decorations, but some owners are willing to pay for them, put them up, store them, etc. They do ask for contributions to help buy new items as needed, and the association does sometimes include this request in email newsletters. We tell the owners to give donations to one of the decorations group, but occasionally donations will be placed in the HOA payment box. In that case we hand these directly to the decorations group and do not account for them in the association books.

Escaped former treasurer and director of a self managed association.
AllumW (Florida)
Posts: 68
Posted:
Jason,

I believe your HOA documents would outline how holiday funds are to be spent. If they don't outline this, then you should speak with the board to get clarity on how funds are spent and who decides how these funds are spent.

We have an budget line item for Community Events. But nothing in our documents outline how these funds are to be spent.
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By MelissaP1 on 01/20/2018 7:33 PM
Why did someone buy a new car? Seriously, no matter if they distributed the money fairly and honestly, it's always going to be suspect to someone. Like "The HOA uses the money for a Holiday Party but not everyone goes". Is this fair? or "I noticed the HOA President carried in a New TV into their house"... So they must be giving that money to line their pockets...

Should the HOA disclose the money in the "holiday fund"? Yes. It should be a budget item on the expense report. Which should show up in the monthly report for December. (Often distributed in January). How or why they do it should also be known. Is it a gift card for all their hard work? Typically board members are all volunteer. This may be a way members feel is a way to show appreciation.

If you already think your board is doing bad things with the money, then that will be the results your going to be looking for. Is it such a bad thing a board member goes to Ruby Tuesdays for a meal with a gift card? Or is that nefarious for you?

Melissa, I can certainly see why you are no longer an HOA president! Of course it's bad for Board members to be going to lunch on the HOA dime!

If this "holiday fund" is made up from HOA monies, you have a right to see where it's being spent. If it's monies collected by caring neighbors and given to the BOD to spend, maybe not.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our HOA never ever gave out gift cards or any other kind of monetary benefits for board members/general members. I am against that practice myself. I believe the board can indeed contribute amongst themselves with their own money to give a gift card if they want.

However, I have seen many other HOA's have the practice of giving out gift cards or other gift type items. Although it's against what I believe, still need to give advice providing for that practice for those who do it. The OP's HOA sounded like one such HOA that does give out or provides something special for the Holidays. If so, then I don't see anything wrong with a holiday fund IF it is disclosed and viewable. Definitely NOT going to say the board is doing something nefarious or wrong by dining out with their Ruby Tuesday's gift card.

Former HOA President
JasonB13 (Florida)
Posts: 37
Posted:
Of course we have asked. They've refused to disclose anything about it. They don't tell us how much they collect or how it's distributed.
JasonB13 (Florida)
Posts: 37
Posted:
Of course they don't. Its supposedly conducted by firstService management company, and it's a voluntary contribution. To those asking what a "Holiday Fund" is, residents contribute any amount they want into a pool of money that is supposedly distributed to employees as "bonuses". Its a scam, of course, because it's the management company's responsibility to pay the employees. That's why we pay them. However, if people want to contribute that's up to them. But with 0 accountability, such a fund is highly problematic.
DouglasM6 (Arizona)
Posts: 724
Posted:
The fact that it's voluntary changes everything. Not much you can do. Some people simply give from their heart and are not worried about how the money is used.
JasonB13 (Florida)
Posts: 37
Posted:
Good grief. It's still a concern. if they keep any of the money it's a crime.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What crime exactly? If it's a crime go to the police. Otherwise, it just sounds like people are getting a gift for Christmas.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Our HOA board solicits funds for holiday checks to certain vendor's employees (we have no director employees)--our custodians, security officers and building engineer. None of their employers give holiday bonuses.

The amount to each depends on their length of service. Donations are voluntary. Some residents give, some don't as they prefer to give individual gifts to their favorites and some give nothing at all, I imagine.

Our PM sends out the letters to owners and handles the contributions. Flyers are posted in the elevators and mailroom with staffers' names and length off service. She lets residents know in our Jan. News how much was collected. I suppose she could cheat and take some $ for herself, but it doesn't seem likely. If someone wanted to know how much each of the 10 or so staffers received, I personally would give them the list of names months of service and total and tell them to do the math.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, we have no "direct" employees.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JasonB13 on 01/24/2018 1:53 PM
Good grief. It's still a concern. if they keep any of the money it's a crime.

Not necessarily.

You can't see where the money goes because it's managed by the MC not the Association.

Basically it's a tip jar where the tips are divided among the employees of the company at a rate determined by the company.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jason,

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