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ClareL (California)
Posts: 29
Posted:
I had a question about the purpose of monthly association dues and what they are used for.

The CC&R for my condo reads:

"Purpose of Assessments: The assessments levied by the association shall be used exclusively to promote and maintain the interests, exigent amenities, heath, safety, and welfare of all the residents in the Association, and to enable the Association to perform its obligations hereunder."

When I was reviewing the association financial records, I saw that the association pays for monthly lunches for the staff, iPhone accessories, coffee and drinks, flowers and birthday cards for staff, flowers for selected residents who have passed away, and bonuses for staff, food for board members during board meetings, etc.

(Background: The HOA employees are not part of a property management and are hired by the HOA. They are very high salaries.)

Personally, I do not believe they should charge the above items to the association debit card. But appreciate opinions from others

TIA

JohnC77 (California)
Posts: 562
Posted:
Where does one apply?
JohnC77 (California)
Posts: 562
Posted:
You have an association managed by the association. You most likely have a General Manager that is a salaried employee and the association has a staff. The association, through its governing body has authorized how the association is to be operated. This is not an uncommon practice.
KerryL1 (California)
Posts: 14,550
Posted:
Are these "employees" direct employees of your HOA? Or do they work for contractors?

How many are there?

Does your HOA have contracts with them if they're direct employees? What does it/they say about all these perks?

IMO, your CC&Rs don't permit owners dues to be spent in the ways that you list--and so often.

What size is your HOA? Budget?

ClareL (California)
Posts: 29
Posted:
There are four main full-time employees who are employees of the HOA

General Manager: 200K Salary
Office Manager: ?
Bookeeper: ?
Maintenance Manager: ?

2-3 part time office clerks: ?

Size of HOA: 1296 units
Budget: I don't have it handy

If members didn't pay the employees well, I would understand the perks but they do get compensated very well.

Only the board members are allowed to see the contracts but I did see in the association financials that we pay for any and all of the general managers certifications and workshops the GM wants to attend.

Cuirous because we received $20 increases in dues this year while the all the 4 full times employees received a total 50K annual raise. (I cannot see which employee got what amount) Annual payroll budget went from 450k to 500K.

These charges or perks seem small but they add up throughout the year.

ClareL (California)
Posts: 29
Posted:
I should add that the HOA pays for a property management company to do the finances for the HOA only the bookkeeper as light duty. And we pay for an after hours call service as well.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
While I can say HOA dues should be spent on HOA expenses alone, I can well understand spending on small extras to keep employees happy.
ClareL (California)
Posts: 29
Posted:
Totally agree but where does the line get drawn.

For instance, an employee used the Debit Card to purchase a birthday card for another employee at the Dollar Tree for $5.

Now my question is this lol. It's only $5 dollars. Was it necessary to use the HOA debit card or should the employee purchasing paid with their own money? I do not believe they they gave the employee the birthday card on behave of the entire 1296 units lol.

KerryL1 (California)
Posts: 14,550
Posted:
Clare, I agree with you that way too many items are being paid for by owners. But your Association is the employer and a mgmt. co., for instance, as an employer would pay for PM certification classes, etc.

You have every right to review executed contracts that your HOA has with anyone, so far as I know. You need to make your request in writing.

Davis-stirling.com is written by a CA HOA attorney firm. Please visit it, go to Main Index, and to records inspection to see what contracts owners may review.

Curious about what size your Board is. I'd say offhand that $200k/ann. salary sound about right for an HOA your size. Single detached homes? Or?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ClareL on 02/03/2021 10:43 AM

The CC&R for my condo reads:

"Purpose of Assessments: The assessments levied by the association shall be used exclusively to promote and maintain the interests, exigent amenities, heath, safety, and welfare of all the residents in the Association, and to enable the Association to perform its obligations hereunder."

When I was reviewing the association financial records, I saw that the association pays for monthly lunches for the staff, iPhone accessories, coffee and drinks, flowers and birthday cards for staff, flowers for selected residents who have passed away, and bonuses for staff, food for board members during board meetings, etc.
The Board should not be permitting this. I consider this unlawful and unacceptable. If you have a lot of backbone, you could submit a complaint and ask for IDR. See davis-stirling.com
MichaelS56 (Minnesota)
Posts: 859
Posted:
Wow, what a generous Board!!!!! Are the bonuses paid by the Board in any of the contracts that the Board has signed with the vendors?
SheliaH (Indiana)
Posts: 6,964
Posted:
If the I-phones are used as part of the job, I could see assessments covering that, and employs bonus are ok, but the rest of it is inappropriate. As others have said you should go to the board to express your concerns.

If the association wants to do "neighborly" things like send flowers to the family of a deceased resident, it may be better to set up some sort of benevolent fund where homeowners can contribute to voluntarily. You can set rules on what the funds are used for and put a limit on the amount spent per incident.

Or just post an announcement on the community website, expressing sympathy, congratulating residents who've graduated from high school, etc. pressing the association's sympathy and be done with it. Let individual homeowners decide if they want to do something special for those residents.

The board members or employees can chip in among themselves for group dinners and such. That said, I wouldn't be too upset at the association paying for small tokens of appreciation like a gift card up to $15 or $20. Just set up rules as to when and how this will be done.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC77 (California)
Posts: 562
Posted:
Can someone please cite where what the association is doing is unlawful and where it conflicts with Civil or Corporation Code?

"Purpose of Assessments: The assessments levied by the association shall be used exclusively to promote and maintain the interests, exigent amenities, heath, safety, and welfare of all the residents in the Association, and to enable the Association to perform its obligations hereunder."

The OP posts a salary for the GM at $200K. That is not what they are paid, it is the category getting that much. The OP needs to look at the whole picture. I know a number of these type of self run associations and they are extremely well run. Yes, they pay bonuses to their employees, and it is documented in the minutes of their meetings.
ClareL (California)
Posts: 29
Posted:
The GM is getting paid 200K annually and just received another pay increase for 2021. The total salary for the rest of the 4-5 employees is 250K. And the admin team just received a 50K annual increase for their department.

When I mention salary, it is to say that they are well paid and getting additional perks. I would totally understand more I guess for the additional perks if they werent getting paid well.

The bonus amounts are not documented in the meetings. (Another matter lol).

I absolutely have no problem with the salaries, its just the additional perks using association funds is what I find odd and its special treatment, especially with the flowers. Whoever is friendly with the GM and board gets the flowers and others dont.

In are cc&r, it also states that board members should not be compensated in any way but they get gift cards for their service and free food at meetings. Totally understand if residents/board members gathered funds separately but not use the association funds.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ClareL on 02/04/2021 9:02 AM
The bonus amounts are not documented in the meetings. (Another matter lol).
If your "lol" is a cackle, then respectfully, may I suggest you stop same and get on the board?
Quote:
In are cc&r, it also states that board members should not be compensated in any way but they get gift cards for their service and free food at meetings. Totally understand if residents/board members gathered funds separately but not use the association funds.
I agree that the membership compensating the board with gift cards and free food at meetings is 100% unacceptable. I think this is a board that thinks too highly of its woefully amateur efforts and what it deserves for same.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Clare
$200K annually of a Property Manager (as in one person) is very high. Are you sure this is not alos covering other expenses like staff, printing, mailing, book keeper, etc?
KerryL1 (California)
Posts: 14,550
Posted:
200k annually is not high in CA for an HOA of Clare's size. If it's complex, that's another reason for the salary.

Along with demanding to inspect the contracts, Clare, take a look at your annual budget to see what these expenses' line items are called. You received it a month or more before your fiscal year began. I agree with you that all the "little" things that they send money on can add up big time.

John77, how about you show us which word or words in their CC&Rs justify the array of costs to owners that Clare lists.
ClareL (California)
Posts: 29
Posted:
I did run for the board this year but they found a way to unjustly disqualify me this year. That is a separate thread though but I am in the process of taking them to small claims court to reverse the election.

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ClareL on 02/04/2021 9:51 AM
I did run for the board this year but they found a way to unjustly disqualify me this year. That is a separate thread though but I am in the process of taking them to small claims court to reverse the election.
Presuming you are on the correct side of the covenants, bylaws and law: Kewl.

I cannot remember. Anybody: Does the Davis-Stirling statute say small claims court can issue the injunctive relief the OP seeks?

Did you try IDR?
JohnC77 (California)
Posts: 562
Posted:
No two HOA's are the same and we know very little to next to nothing about the OP's association. The OP has stated they have about $450K in salaries. We don't know what their monthly assessment amount to, what amenities they have, what part of California they are located in, etc.

The association I lived in had this statement in their CCRs:

Purpose of Assessment; The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Property, for the improvement an maintenance of Association Property and such other purposes as set forth in the Declaration and Bylaws.

Based on the number of units, 1296, a management company would charge between $13K-$18K per month for their services, again depending the level of services your homeowners either required or are used to.

I know of a HOA in the Palm Springs area that has a master association and a number of sub associations, totaling over 500 homes. Their monthly assessments are over $1500 per month, their membership in the golf club is $1M, have armed security, etc. I don't think anyone questions how they operate.
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By KerryL1 on 02/04/2021 9:45 AM
200k annually is not high in CA for an HOA of Clare's size. If it's complex, that's another reason for the salary.

Along with demanding to inspect the contracts, Clare, take a look at your annual budget to see what these expenses' line items are called. You received it a month or more before your fiscal year began. I agree with you that all the "little" things that they send money on can add up big time.

John77, how about you show us which word or words in their CC&Rs justify the array of costs to owners that Clare lists.

It is not what words are in their CCRs, but what words aren't. There is case law that allows for the Board to donate to a Political Action Committee (PAC) when it would be in the best interest of the Members. The case is from 2000, FINLEY v. SUPERIOR COURT.
BenA2 (Texas)
Posts: 1,273
Posted:
"Promote and maintain the interests..." is sufficiently vague and could mean anything that benefits the residents. Staff morale arguably affects the residents so I don't think it violates the purpose.

Whether or not it is a good use of the association's money is a matter of opinion but I think it is well within the board's prerogative.
ChadH3 (Alabama)
Posts: 50
Posted:
Quote:
Posted By ClareL on 02/04/2021 9:02 AM
I absolutely have no problem with the salaries, its just the additional perks using association funds is what I find odd and its special treatment, especially with the flowers. Whoever is friendly with the GM and board gets the flowers and others dont.

In are cc&r, it also states that board members should not be compensated in any way but they get gift cards for their service and free food at meetings. Totally understand if residents/board members gathered funds separately but not use the association funds.

We send flowers on behalf of our entire Association to a family that loses a parent or child. That's obviously quite rare though. They definitely aren't given out as a special perk.

We also provide meals for the Board for HOA Board meetings that are expected to run long. Many of ours run around 3 hours and we meet after work. It's usually just pizza. If you have a problem with that when the Board isn't compensated for their work, I'm not sure what to say...
ClareL (California)
Posts: 29
Posted:
My CC&R states:

"3.4 Compensation: No Director shall receive compensation for any service rendered to the Association".

Free meals are considered non-monetary compensation. I have no problem with feeding volunteers but its in the CC&R's we must follow. If we ignore one, it sets the wrong tone.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By ClareL on 02/05/2021 12:20 PM
My CC&R states:

"3.4 Compensation: No Director shall receive compensation for any service rendered to the Association".

Free meals are considered non-monetary compensation. I have no problem with feeding volunteers but its in the CC&R's we must follow. If we ignore one, it sets the wrong tone.

I don't think meals for board members who have extra long meetings are "compensation for services."

Under IRS rules, occasional meals, for employees who have to work overtime, is not considered compensation. it's only logical to use the same rule.
ChadH3 (Alabama)
Posts: 50
Posted:
Quote:
Posted By ClareL on 02/05/2021 12:20 PM
My CC&R states:

"3.4 Compensation: No Director shall receive compensation for any service rendered to the Association".

Free meals are considered non-monetary compensation. I have no problem with feeding volunteers but its in the CC&R's we must follow. If we ignore one, it sets the wrong tone.
A meal provided during a long meeting is not compensation, it is part of the meeting expense. That's not uncommon.

I agree you shouldn't be ignoring rules from your covenants but you also need to remember the spirit of those rules.

You came to a forum seeking feedback, just providing some to you!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Clare is still looking to hang somebody out to try. She will not stop until she gets the answers she wants.

I say show up at a meting where there is food. Confiscate the food. Citizen arrest the BOD Members. Shackle them and take them to the nearest jail. Is that what you want to hear?
ClareL (California)
Posts: 29
Posted:
Quote:
Posted By JohnC46 on 02/05/2021 1:40 PM
Clare is still looking to hang somebody out to try. She will not stop until she gets the answers she wants.

I say show up at a meting where there is food. Confiscate the food. Citizen arrest the BOD Members. Shackle them and take them to the nearest jail. Is that what you want to hear?

Relax people...simply replying back...you know, having a discussion. Food at meetings is the least of the concerns of what I mentioned.
JohnC77 (California)
Posts: 562
Posted:
We haven't seen anything that would say they are doing anything wrong or improper.

You might want to start the thread on the stolen election and see how much traction that gets.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Friend in LA is the pres in his sub HOA - when the entire committee of presidents meets he says it is always catered.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ClareL on 02/05/2021 2:24 PM
Food at meetings is the least of the concerns of what I mentioned.
Food at meetings for directors, paid for by the membership, would be quite high on my list of concerns.

I disagree with JohnC77's broad interpretation of your covenants. A line has to be drawn. The court's decision in the Finley v. Superior Court case appears here: https://www.davis-stirling.com/HOME/Case-Law/Finley-v-Sup-Ct. This is quite a different animal compared to what the OP's board is doing.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By GeorgeS21 on 02/05/2021 8:06 PM
Friend in LA is the pres in his sub HOA - when the entire committee of presidents meets he says it is always catered.
Doesn't make it right. Assuming "presidents' means directors, this is clearly compensation to directors. I have yet to see a governing document that authorizes compensation to directors in exchange for their usual services (as opposed to, say, out-of-pocket office supply expenses).
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By AugustinD on 02/06/2021 7:05 AM
Posted By ClareL on 02/05/2021 2:24 PM
Food at meetings is the least of the concerns of what I mentioned.
Food at meetings for directors, paid for by the membership, would be quite high on my list of concerns.

I disagree with JohnC77's broad interpretation of your covenants. A line has to be drawn. The court's decision in the Finley v. Superior Court case appears here: https://www.davis-stirling.com/HOME/Case-Law/Finley-v-Sup-Ct. This is quite a different animal compared to what the OP's board is doing.

Sorry, but I have never commented on their covenats.

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