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JerryV (Florida)
Posts: 45
Posted:
With our annual meeting coming up, there's talk of establishing a "Sunshine Fund" to send birthday cards, get well cards, etc. to residents. Originally it was to be funded by the Social Committee which does not receive money from assessments and is totally self-funding through various events throughout the year. Now it seems the Social Committee wants to expand their "Sunshine Fund" to include helping residents in financial need (electric bills, water bills, groceries,etc.) and they are considering a line item in our expenses to cover this. We are a self-managed HOA with 190 SFH. Has anyone dealt with this? I don't have a problem with the Committee spending their own $ on whatever they want, so long as I am not paying for it in my assessment. Three of our nine board members seem to be in favor while the rest are silent. Am I being unreasonable? Your thoughts, please.
SheliaH (Indiana)
Posts: 6,964
Posted:
No, you're not being unreasonable. It's fine to help neighbors, but HOA money is intended for maintenance and improvements of the common areas, and for association operations (e.g. paying for master insurance or a property manager). There's no reason this committee can't send out notices when someone has an issue and ask for donations. You can even post information on your community website (if you have one)on local government and non-profit agencies that provide assistance.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BarbaraT1 (Texas)
Posts: 821
Posted:
You're being perfectly reasonable. For the sake of optics, I would frame this as "gosh, this is such a well-intentioned idea and y'all are so kind to want to do this, it's what makes our neighborhood great. I do wonder though, if this kind of expense is something our governing documents allow us to spend HOA funds on. It wouldn't hurt to run this past our lawyer. And you know, we really should be getting member input when we add a whole new line item to the budget. Let's do a survey."

Your waffling board members will likely support any idea which lets them pass the buck on decision making.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JerryV on 01/29/2020 7:08 AM
Now it seems the Social Committee wants to expand their "Sunshine Fund" to include helping residents in financial need (electric bills, water bills, groceries,etc.) and they are considering a line item in our expenses to cover this. ... I don't have a problem with the Committee spending their own $ on whatever they want, so long as I am not paying for it in my assessment. Three of our nine board members seem to be in favor while the rest are silent. Am I being unreasonable?
I agree with Shelia and Barbara. A line item as proposed is unlawful.

I do think this is a chance to educate, gently. This includes educating the three board members who think that what the committee proposes is okay. The Board should write the committee and say simply: Dear Committee, The Board understands that the Committee wishes to help residents in financial need using a portion of others' HOA assessment. The Board believes your intentions are commendable. However, Florida corporate statutes, HOA statutes, and the HOA's Declaration only permit the HOA to spend the income from assessments on infrastructure and HOA management. Thank you, HOA Board
SheliaH (Indiana)
Posts: 6,964
Posted:
Building on AugustinD's comment - this would be a good time to establish a policy on advisory committees. The board should decide what the committee (this one or something else) is empowered to do - usually, committees are charged with spearheading projects like this and/or doing research on an association issue and sending recommendations to the board. That doesn't mean a committee can't ask a question about expenses or suggest an expenditure, but members should know upfront what they're being asked to do and focus their activities on that.

You might even pass a board resolution reemphasizing that the primary purpose of HOA funds is to maintain and improve the common areas and pay for overhead expenses related to running the association. Certain expenditures may be prohibited altogether - for example, our documents specifically prohibit using HOA money to fund political campaigns, although it can host some sort of "meet the candidates town hall meeting for all candidates for mayor or something like that.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posted:
Jerry,
All of the above answers are perfectly correct. I think that this committee needs to stay in their lane and continue to do the Cards or letter items only. Anything else would be a very slippery slope to go down. Here are some reasons why.

1) Who makes the decision on what need gets the support?
2) How do you prove that the money is going to pay the bills it is intended to pay?
3) The board would certainly be judged by many sides if the committee ever gets a case wrong.
4) This sounds too much like a Welfare plan to me. That system does not work very well for most and can enable people to look for more assistance down the road.

What would happen if the Board suddenly was dominated by a group of individuals that all came from a Religious group that asks for tithing? You be ok if they gave 10% of the HOA funds to the Church?
TimB4 (Tennessee)
Posts: 21,062
Posted:
If you did this, I believe you would be exceeding your authority.

Your covenants likely specify what your assessment funds can be used for.
They can not be used for anything else without amending the covenants.

If this is being pushed, recommend that the Board obtain a legal opinion prior to making a decision.
TimB4 (Tennessee)
Posts: 21,062
Posted:
I want to expand on what Mark provided.

Expect to have issues when the first request is denied.
All sorts of accusations could be levied at the board and committee.

Don't forget the tax implications for the Association and/or the receiver of any funds.
CathyA3 (Ohio)
Posts: 6,299
Posted:
You have to wonder how a person with financial issues is going to feel when they realize that the entire community is all up in their business. Personally, I would be mortified and think this is a horrible idea.

It would be better to encourage generous homeowners to contribute to things like their local food banks, where the recipients of charity don't have to look donors in the eye when they take out the garbage. Privacy and dignity are also gifts.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TimB4 on 01/29/2020 12:48 PM
I want to expand on what Mark provided.

Expect to have issues when the first request is denied.
All sorts of accusations could be levied at the board and committee.

Don't forget the tax implications for the Association and/or the receiver of any funds.

Tim reminded me of something else. If this committee is officially recognized by the HOA, then the board is accountable for its actions whether or not any HOA funds are being used. So the board needs to tell them to stop and to stick to the birthday cards and such. If some committee members persist, the board should thank them for their service and remove them from the committee. If this group of committee members wants to get together and do something on their own, the board should make it clear that this is a private group that does not represent the HOA in any way.

It's SUCH a bad idea.

For one thing, there's a pretty good chance that someone who is having financial difficulties has bigger issues than any group of well-meaning neighbors can deal with. The sooner the person gets in contact with organizations that can really help, the sooner he'll be able to get back on track.

Second, I always assume that if someone tells me something personal that the information should be kept confidential. If an owner hears about someone who's having money problems and then goes and blabs it to others, then the owner is acting in his own self interest, no matter how much he may dress it up as "sunshine" and "good deeds". Not praiseworthy in the least.
SueW6 (Michigan)
Posts: 814
Posted:
Find a charitable organization that helps families in need (501 c-3 IRS designated charity)

Refer those who need assistance there.

Get back to acting on board business. You are not a charity.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA is a not for profit but NOT a charitable one. The money is to be used for operational/maintenance expenses ONLY. Gift cards to board members, coffee/cookies at meetings, or assisting owners is NOT in the budget. Fundraising is frowned upon. HOA's income is from dues collections. Otherwise, your fundraising efforts could be subjected to taxation.

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
I would also suspect that if the individual isn't paying their utility bills, they are likely behind in their assessments to the HOA.

Makes for a weak case in court asking that the individual pay their assessments while they are receiving financial assistance from the HOA.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That reminds me of a situation we had. A member tragically died in a car accident. Other members wanted us to "skip" that month for collecting dues from that home. It was out of respect and lessen the burden on the family.

However, the reality is that was a bad idea. It was better that individual volunteered to gather funds to pay for the dues. Why? That is because it's a LOOOONG Probate process. It's not unusual to be not paid for 6 months or more during this process. Which our policy was to Lien at 6 months behind. Unless of course of special circumstances like this.

If the person who ended up with the house still did not pay dues, what point would we start? Miss a month? That month couldn't be included in the lien process if we told them they could "skip" it.

So if you want to establish helping people pay their dues, then it is an INDIVIDUAL choice. It doesn't matter who writes the checks to pay the dues. Just those dues get paid.

Former HOA President

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