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AnnaJ1 (Maryland)
Posts: 95
Posted:
Our HOA has been embroiled with a protracted lawsuit against the developer for over a year. The main attorney, who really has gone above and beyond, recently retired. The Board sent him an Edible Arrangement for $50 as a retirement gift. At our last meeting residents were upset by this, saying the HOA already pays him for his service, why are we spending money this way, etc. As president, I said it's not uncommon to do something like this for our vendors. (The last time we did this is when the lead developer passed away unexpectedly. We sent flowers to the family.) I was shocked by the response from residents. Thoughts?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
NO!!!! It would be okay if INDIVIDUALS whom want to get together to thank them is okay. However, NEVER EVER out of the HOA's budget. It's NOT the cost of doing business to purchase such "gifts". You also never "forgive" dues for anything.

Remember when you buy something using the HOA dime, you using ALL member's money to do it. It's NOT an individual thing. That is why many are upset. Your spending their dues money on this without their agreement to do so.

Former HOA President
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AnnaJ1 on 01/31/2021 9:00 AM
Our HOA has been embroiled with a protracted lawsuit against the developer for over a year. The main attorney, who really has gone above and beyond, recently retired. The Board sent him an Edible Arrangement for $50 as a retirement gift. At our last meeting residents were upset by this, saying the HOA already pays him for his service, why are we spending money this way, etc. As president, I said it's not uncommon to do something like this for our vendors. (The last time we did this is when the lead developer passed away unexpectedly. We sent flowers to the family.) I was shocked by the response from residents. Thoughts?
The Declaration and Bylaws specify what association funds may be used for. Gifts to vendors fall outside of any agreement the HOA has with a vendor and so are not a lawful use of HOA funds. Competent vendors understand that a board is obliged to follow the governing documents and is limited to (1) paying only what the contract specifies; and (2) verbal niceties.

The HOA members and the Board agreed to abide by the governing documents when they bought a home in the HOA. The Board should keep up its end of the bargain and spend only what the governing documents allow it to spend.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By AnnaJ1 on 01/31/2021 9:00 AM
Our HOA has been embroiled with a protracted lawsuit against the developer for over a year. The main attorney, who really has gone above and beyond, recently retired. The Board sent him an Edible Arrangement for $50 as a retirement gift. At our last meeting residents were upset by this, saying the HOA already pays him for his service, why are we spending money this way, etc. As president, I said it's not uncommon to do something like this for our vendors. (The last time we did this is when the lead developer passed away unexpectedly. We sent flowers to the family.) I was shocked by the response from residents. Thoughts?

The world won't end by the $50 gift nor for a memorial gift but it's generally best to fund this from non-HOA funds. Residents attending a meeting and expressing such strong negative emotions is a bit dramatic but you know they're paying attention and have a fair point.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Many businesses/professions have rules and codes of conduct against accepting any gifts worth more than small amounts such as $5. Gifts often read as "bribes".

If I received any gift from my clients, I would be concerned that they didn't understand the nature of professional relationships or ethical conduct. And if it were worth more than the nominal amount, I would have to return it. I would not be happy.
AnnaJ1 (Maryland)
Posts: 95
Posted:
Thanks for the feedback. I guess I should have noted that we have a management company, and they stated that since our by-laws dont explicitly forbid this type of expenditure we were ok to do it. I really didnt think $50 would be a huge deal. We always work to diligently appropriate funds correctly. After all, we're homeowners too. So I guess I'm moreso looking for an opinion on if we should do this in the future. I gather most think the answer is no. I cant say that I dont understand the residents point of view.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AnnaJ1 on 01/31/2021 9:32 AM
I guess I should have noted that we have a management company, and they stated that since our by-laws dont explicitly forbid this type of expenditure we were ok to do it.
I am going to be glib; at least a little impertinent; but also I hope honest: Either fire this management company, or inform this management company that the Bylaws also do not explicitly forbid installing a Playboy mansion on the grounds. Does this mean that the HOA/condo Board can therefore lawfully spend funds on a Playboy mansion?

Quote:
I really didnt think $50 would be a huge deal.
If I were a member of this HOA, I would be thinking, "Where there is smoke, there's fire." What else is the Board spending my money on without authority from the governing documents.

In my opinion, the board's ego went into this decision. They wanted to be thought of highly by this retired attorney. So they were nicey-nice and sent a gift. But truth to power: Attorneys are paid well. You say this attorney went "above and beyond." This is their job. Furthermore, if the attorney did not go "above and beyond," he could be held accountable under the attorney's Rules of Professional Conduct.

If the OP sees this as snarky, I understand. But such a casual attitude towards spending members' money is a bad sign IMO. And as noted above, I think the management company lacks competence.
AugustinD
Posts: 5,144
Posted:
I do praise the OP for asking. "The only stupid question is an unasked one." I know the law of HOAs takes at least a few years to absorb, presuming one is reasonably intelligent and educated. Even after a few years, questions will arise. To me, a good director always aims to learn more.

AnnaJ1 (Maryland)
Posts: 95
Posted:
I dont see it as snarky--I appreciate your candor. It's why I come on here.

I can assure you this isnt a regular thing and we weren't trying to leave a certain impression on the lawyer. The last time it was done was in 2018 when the developer died on a cruise ship & flowers were sent to the family. Would you guys not have done it in a tragedy like that too? Is is the situation for which the gift was given or the action itself? Is there any circumstance by which you'd see this as appropriate or never?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 01/31/2021 9:29 AM
Many businesses/professions have rules and codes of conduct against accepting any gifts worth more than small amounts such as $5. Gifts often read as "bribes".

If I received any gift from my clients, I would be concerned that they didn't understand the nature of professional relationships or ethical conduct. And if it were worth more than the nominal amount, I would have to return it. I would not be happy.

Adding to this, the most valuable thing you can provide to a vendor is a positive review or serving as a reference. There is a reason businesses constantly ask their customers for online reviews.

Sending a condolence card when appropriate: sure. But anything beyond that is probably not a good idea. (And in fact our contractors and other professionals seldom talk about anything in their personal lives, so we would not have known anything was happening.)

Our former PM (whose praises I've sung) was bothered because a homeowner sometimes would bring little tchotchkes to board meetings for her and the board members. Think little shamrock pins that weren't worth more than a couple bucks. She asked him to stop because she wasn't allowed to accept gifts from clients. And I always wondered if he was trying to get the board to think nice thoughts about him so that we would rule in his favor if he asked for something.

I also think that "if the CC&Rs or bylaws don't say no, it's OK" is too low a bar. Board members are supposed to behave in a professional and ethical manner, and shouldn't expect to have every little infraction spelled out for them. I also think that they should avoid even the appearance of wrongdoing, if for no other reason than it will makes their jobs harder if homeowners suspect something nefarious is going on.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AnnaJ1 on 01/31/2021 9:50 AM
The last time it was done was in 2018 when the developer died on a cruise ship & flowers were sent to the family.
I would recommend the Board send a card, purchased by one of the directors, and ask that all the directors and maybe the manager sign it, perhaps with a short note remembering something good the director did.

On the other hand, if there's ever a chance that, say, a defect might be discovered, and the developer has legal responsibility, such a card could be used against the HOA.

As a director I have a duty to spend money only as the governing documents authorize. I would not spend money on gifts for vendors, flowers when a vendor/developer dies, and so on.

I do appreciate your and the others' intentions. Of course the intentions are not bad. But where the rubber meets the road is when those intentions, when effected, conflict with the governing docs or put the HOA at risk.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By CathyA3 on 01/31/2021 9:55 AM

Our former PM (whose praises I've sung) was bothered because a homeowner sometimes would bring little tchotchkes to board meetings for her and the board members. Think little shamrock pins that weren't worth more than a couple bucks. She asked him to stop because she wasn't allowed to accept gifts from clients. And I always wondered if he was trying to get the board to think nice thoughts about him so that we would rule in his favor if he asked for something.
-- AnnaJ1, find CathyA3's former PM and hire her.

-- Then have CathyA3 buy into your HOA and get her on the Board.

-- I think these points are everything and excellent.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I would never support expending more than a stamp to thank a vendor - I would certainly support spending more money with the vendor if they did a good job.

Boards commonly make a thank you part of their minutes - as part of he record.

Board members should feel comfortable writing and thanking vendors - on their own, but now as the board.

Gifts?

No.
SheliaH (Indiana)
Posts: 6,964
Posted:
The board meant well, but I agree with the residents but would be more appropriate for people to chip in some money for a gift if that's what they want to do. When our last two property managers retired, the board members chipped in money for a gift card. We didn't ask homeowners if they wanted to v ntribute, we just put up the money ourselves.

I'm also nervous about doing this for the vendors as well. The optics are bad and there could be the possibility of a conflict of interest of kickback. I suggest you stop this and prepare and pass a board resolution to this effect. At least limit the cost of the gift - no more than $20. You can still get a nice gift card for that amount - hell, this will cover one venti sized drink at Starbucks!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SueW6 (Michigan)
Posts: 814
Posted:
A small discretionary fund in the budget for such purposes, ( such as funerals, get weir, retirement, etc) is quite common.

BTW - what is your annual budget?
AnnaJ1 (Maryland)
Posts: 95
Posted:
Thanks all. Sue, our annual budget is about $160,000.
JohnC77 (California)
Posts: 562
Posted:
I see absolutely nothing wrong with the gift. Some may say what their BYlaws say the money can be spent on, but no where will it say what it can't be spent on. This isn't a bribe or a contribution,, which I would be agaisnt, but a small token of appreciation. What's this world come to?
SueW6 (Michigan)
Posts: 814
Posted:
Discretionary fund of One percent = $160

You can put any restrictions on it you want. I would exclude paid vendors, however. A card signed by the board would have sufficed.

JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By SueW6 on 01/31/2021 11:34 AM
Discretionary fund of One percent = $160

You can put any restrictions on it you want. I would exclude paid vendors, however. A card signed by the board would have sufficed.


Actually one tenth of one percent. One percent would be $1600.00
TimB4 (Tennessee)
Posts: 21,059
Posted:
It was a nice thing to do.

However, Association funds should not have been spent on it.

If the Board thought a gift was deserved, they should have reached into their own wallets/purses and paid for the gift from their personal funds.

Not simply saying what I think, saying what I practiced. When serving as Treasurer, I thought our trash/recycling collectors were doing a bang up job. I thought they went above and beyond on several occasions making sure wind blown debris was picked up. When the Holidays came around, in addition to the monthly check from the Association for their services, I included a personal check as a tip along with a letter thanking them for the service they were doing.

KerryL1 (California)
Posts: 14,550
Posted:
In our HOA and i think in most what you may spend owners' assessment on is usually delineated in the CC&Rs. I don't think this is typical in Bylaws. So I'd worry about your PM too.

There were some directors here (urban high rise) who wanted to donate winter holiday bonuses to onsite staff (about 11) from our operating budget. Others of us said it wasn't appropriate. We actually got an opinion form our HOA attorney, who wrote the Board's job is to protect, maintain & enhance the common areas. It could be argued that bonuses will motivate staff to work even harder than they do, thereby benefitting the community, so it is a legitimate expense. I was very surprised! Our Board decided not to creat this line item for other reasons.

Our Board has given appreciation gifts to our PMs when they've left us and we directors have funded this ourselves. Retiring directors receive a nice coffee mug with our HOA name, logo and years of service and recipient's name on it. The HOA pays for these and there's never been a complaint.

This, Anna, makes me wonder if Owners' complaints about this really small gift & expenditure is a proxy for something else that's bothering them. Maybe the lawsuit itself? Maybe another topic?
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By TimB4 on 01/31/2021 1:03 PM
It was a nice thing to do.

However, Association funds should not have been spent on it.

If the Board thought a gift was deserved, they should have reached into their own wallets/purses and paid for the gift from their personal funds.

Not simply saying what I think, saying what I practiced. When serving as Treasurer, I thought our trash/recycling collectors were doing a bang up job. I thought they went above and beyond on several occasions making sure wind blown debris was picked up. When the Holidays came around, in addition to the monthly check from the Association for their services, I included a personal check as a tip along with a letter thanking them for the service they were doing.


You gave money to a person who is paid for their service by the HOA. The OP's association gave something to a person who is RETIRING. IMHO, this a huge difference. I wouldn't give a bonus to a vendor, as that is what they are paid for. A long time director or vendor who is retiring, EVERY DAY OF THE WEEK AND TWICE ON SUNDAY.
ChrisE8
Posts: 454
Posted:
I know of plenty of lawyers who get de minimis gifts (e.g., a bottle of wine) from clients at the end of a lawsuit or transaction.

Sounds like HOAs shouldn't do it, but that's a routine thing, so I can't fault the HOA here too much.

AnnaJ1 (Maryland)
Posts: 95
Posted:

Our Board has given appreciation gifts to our PMs when they've left us and we directors have funded this ourselves. Retiring directors receive a nice coffee mug with our HOA name, logo and years of service and recipient's name on it. The HOA pays for these and there's never been a complaint.

This, Anna, makes me wonder if Owners' complaints about this really small gift & expenditure is a proxy for something else that's bothering them. Maybe the lawsuit itself? Maybe another topic?

Good point. I think perhaps this is the case, as there was a disgruntled homeowner roamed the neighborhood trashing the board because of his own grievance. (The Board decided to dissolve the ARC committee thereby relieving him of his duties. He was pissed, lol) He ultimately got on the Board to my dismay, as he created all this hostility around the board and got lots of votes. Now, a large part of the community is annoyed at the Board, for no tangible reason.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By KerryL1 on 01/31/2021 1:18 PM
There were some directors here (urban high rise) who wanted to donate winter holiday bonuses to onsite staff (about 11) from our operating budget. Others of us said it wasn't appropriate. We actually got an opinion form our HOA attorney, who wrote the Board's job is to protect, maintain & enhance the common areas. It could be argued that bonuses will motivate staff to work even harder than they do, thereby benefitting the community, so it is a legitimate expense.
I find this argument reasonable. I still wouldn't vote for the bonuses, but I would not argue much, if at all, with others who did.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AnnaJ1 on 01/31/2021 3:56 PM
(The Board decided to dissolve the ARC committee thereby relieving him of his duties. He was pissed, lol)
You all got a kick out of him being pissed, eh? Sounds like one gossipy board to me.

Just put me on ignore.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnC77 on 01/31/2021 1:37 PM
Posted By TimB4 on 01/31/2021 1:03 PM
It was a nice thing to do.

However, Association funds should not have been spent on it.

If the Board thought a gift was deserved, they should have reached into their own wallets/purses and paid for the gift from their personal funds.

Not simply saying what I think, saying what I practiced. When serving as Treasurer, I thought our trash/recycling collectors were doing a bang up job. I thought they went above and beyond on several occasions making sure wind blown debris was picked up. When the Holidays came around, in addition to the monthly check from the Association for their services, I included a personal check as a tip along with a letter thanking them for the service they were doing.



You gave money to a person who is paid for their service by the HOA. The OP's association gave something to a person who is RETIRING. IMHO, this a huge difference. I wouldn't give a bonus to a vendor, as that is what they are paid for. A long time director or vendor who is retiring, EVERY DAY OF THE WEEK AND TWICE ON SUNDAY.

The point was, I gave a personal check - hoa funds were not used.

If any gift is being provided, regardless of the reason, HOA funds should not be used for it.

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