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JennaY (California)
Posts: 1
Posted:
Hello everyone - I’m new to this site and really excited to see all these discussions. My Mgmt company wanted to open up an investment acct to get better interest rates for the HOA, but the investment company is requiring my SSN, claiming it’s part of the Patriot Act. Is this common practice? I’ve never had to use my SSN to open any acct under the HOA.

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Jenna,

Did you do an online search for the facts?
MarkW18
Posts: 1,290
Posted:
The answer is YES, and will remain that way until Congress amends the act.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JennaY on 01/27/2020 12:50 PM
My Mgmt company wanted to open up an investment acct to get better interest rates for the HOA,
Ask your silly management company whether the promised interest rate is backed by FDIC insurance. If not, terminate this management company. Directors and officers of a HOA (a nonprofit corporation) have a fiduciary duty not to take risks with reserve and operating funds like the risk that I think your silly management company is proposing.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Darn ... I was hoping Jenna would enter a few words into a search engine :-)
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I wouldn't give them my SSN#. It's not worth it in my opinion. The HOA doesn't need an owner's SSN #. The management company doesn't need any members SSN#. I'd look into different option for investment accounts. Although I don't really think a HOA needs one unless they are large and need to keep a large capital fund avaialable..

Former HOA President
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By MelissaP1 on 01/27/2020 3:13 PM
I wouldn't give them my SSN#. It's not worth it in my opinion. The HOA doesn't need an owner's SSN #. The management company doesn't need any members SSN#. I'd look into different option for investment accounts. Although I don't really think a HOA needs one unless they are large and need to keep a large capital fund avaialable..

Before you make off the cuff remark, please read the specific of the Patriot Act. If a Board member is to be a signatory on the account, they MUST provide a SSN# or TIN#.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would never ever volunteer to be a signatory for the HOA on anything. Only signing I did was for our checks and our bank did not require my SSN# to be a signatory. Just proof I was elected.

Former HOA President
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By MelissaP1 on 01/27/2020 3:43 PM
I would never ever volunteer to be a signatory for the HOA on anything. Only signing I did was for our checks and our bank did not require my SSN# to be a signatory. Just proof I was elected.

Being from Alabama, not surprised.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Being from Florida glad you did not eat me.... Saying Bite me to a Floridian gives new meaning.

Sorry but NOT from Alabama... I would NEVER EVER give my SSN# to ANYONE who has no right to it. A HOA is NOT one of those entities. Otherwise your a special kind of stupid and get what you deserve from doing it.

Former HOA President
MarkW18
Posts: 1,290
Posted:
The SSN# isn't going to the HOA, it is requested by the bank, not the HOA, but the bank. Did I make myself clear, it isn't the HOA or the management company asking for it, it is the bank, in this case REGULATED by our federal government, which has to comply with the Patriot Act! What did by buddy Forest say "stupid is as stupid does".
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Alabama and Florida share a lot of DNA.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
NOT getting my SSN# period. How hard is that to understand? Nope. I don't own the HOA I am just a member in it. What happens when I stop being a HOA member? Oh wait the bank still has my information for how many years? Nope.

Former HOA President
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By GeorgeS21 on 01/27/2020 4:48 PM
Alabama and Florida share a lot of DNA.

Not when transplanted!
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By MelissaP1 on 01/27/2020 4:50 PM
NOT getting my SSN# period. How hard is that to understand? Nope. I don't own the HOA I am just a member in it. What happens when I stop being a HOA member? Oh wait the bank still has my information for how many years? Nope.

If that is what people lose sleep over, we have bigger issues.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is no reasoning to give anyone my SSN#. This is why you get ripped off, have low credit scores, and identity stolen. All for what? So the HOA can use it to invest money? Nope.

Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Easier to just trick treasurer into providing their ssn.

Or, let the registered agent (property manager) put their ssn on the account. Easier for them to withdraw and move to Thighland? 😂
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree George... If we had a MC approach us with this idea, it's a hard pass. Makes no sense to have a member provide their SSN# for anything the HOA does.

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
Wow, there are a lot of crazy responses here. My understanding is that when you open any financial account a social security number has to be attached even though your organization may have an EIN. The sole purpose is to identify a real person.

I agree that you should not give out your social security number to anyone who does not require it but financial institutions, by law, require it. I'm assuming any officer of the association can open the account but someone has to provide a name and social security number.

MarkW18
Posts: 1,290
Posted:
Quote:
Posted By GeorgeS21 on 01/27/2020 4:48 PM
Alabama and Florida share a lot of DNA.

I think you're proving your point.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
As a not for profit corp, shouldn’t one be able to just file for an EIN, and use it?
MarkW18
Posts: 1,290
Posted:
EIN or Employer Identification Number is different than the SSN# or TIN (Taxpayer Identification Number). Banking institutions (unless you happen to be from Alabama) require that real people provide real ID, in this case SSN#. This Act came about from 9/11 and it's main purpose was to curb money laundering from terrorist organization, (which may or may not be an industry).
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By MarkW18 on 01/27/2020 7:32 PM
EIN or Employer Identification Number is different than the SSN# or TIN (Taxpayer Identification Number). Banking institutions (unless you happen to be from Alabama) require that real people provide real ID, in this case SSN#. This Act came about from 9/11 and it's main purpose was to curb money laundering from terrorist organization, (which may or may not be an industry).

I looked at one banks requirements:

In addition to an EIN, the individual (owner/manager of the account) must provide:

Name and title of person opening account
Name and address of entity for the account
Name, date of birth, Social Security number (U.S. Citizens), passport number and country of issuance (for foreign individuals), residential address, country of citizenship, country of residence, and percentage of ownership for each Beneficial Owner
Name, date of birth, Social Security number (U.S. Citizens), passport number and country of issuance (for foreign individuals), residential address, country of citizenship, country of residence for each controlling individual (this information is required even if no equity owner has 25% or greater ownership)
Certification that information provided on the Beneficial Owner and/or controlling manager is accurate

CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TimB4 on 01/27/2020 11:46 PM
Posted By MarkW18 on 01/27/2020 7:32 PM
EIN or Employer Identification Number is different than the SSN# or TIN (Taxpayer Identification Number). Banking institutions (unless you happen to be from Alabama) require that real people provide real ID, in this case SSN#. This Act came about from 9/11 and it's main purpose was to curb money laundering from terrorist organization, (which may or may not be an industry).


I looked at one banks requirements:

In addition to an EIN, the individual (owner/manager of the account) must provide:

Name and title of person opening account
Name and address of entity for the account
Name, date of birth, Social Security number (U.S. Citizens), passport number and country of issuance (for foreign individuals), residential address, country of citizenship, country of residence, and percentage of ownership for each Beneficial Owner
Name, date of birth, Social Security number (U.S. Citizens), passport number and country of issuance (for foreign individuals), residential address, country of citizenship, country of residence for each controlling individual (this information is required even if no equity owner has 25% or greater ownership)
Certification that information provided on the Beneficial Owner and/or controlling manager is accurate


This is consistent with what I experienced when I opened a new business account to hold some of our reserves. They make you jump through an amazing number of hoops.

As for the more important question about an investment account:

One of the few things nearly everyone agrees about is the board's fiduciary duty when managing HOA money. Most interpret that to mean that the board should only choose investments when there will be no loss of principal and the funds will be available when needed. This means you're limited to things like money market accounts (not money market funds, those are different), CDs, Treasury bills, and bonds that are purchased as new issues and held to maturity. Unfortunately our low interest rate environment can tempt people to take greater risks with their money. Don't do it, you're asking to be sued.

Investment accounts can give you access to a wide range of financial products, most of which are NOT suitable for HOA funds. Stocks, mutual funds, ETFs and REITs can all lose principal. Brokerage firms may offer CDs, but these are brokered CDs that trade on the open market and that may lose principal. You also need to read the fine print if you buy CDs from a bank. In the past, any penalty for early redemption of a CD was limited to a reduction in the amount of interest. However, I've seen reports of some banks actually reducing principal as well. So you need to understand what you're buying.
CjC
Posts: 210
Posted:
I have been on both sides of this. I have opened accounts but I also work for a financial institute that requires you to prove your identity per the Patriot act. It is required to proved your SSN to the financial institution but I have had plenty of HOA members provide it directly to me and not through the HOA mgmt company so that they do not see it. I have even had some where each member signs a form seperatly that comes to me so other members do not sign the same form and see the SSN.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jenna

If you management company is handling your associations investments (Reserves) you have more potential problems than giving your SSN to them. When a MC goes bad, the first thing they do is steal any money from the association they can steal. Bye bye Reserves.

Your BOD should be controlling Reserves/excess money, not the MC.

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