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Would it be illegal or just bad ethics if a director got fully reimbursed for an Association expense paid on personal CC that earned cash back?

Started by RogerJ123 replies • 481 views

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RogerJ1 (Texas)
Posts: 550
Posted:
Would this be illegal or only bad manners:

A director pays for an association expense with a personal credit card, that gives that person cash back on purchases, but gets reimbursed for the full amount. For example $1000 purchase using a personal credit card for a legitimate association purchase, gets $25 cash back on that purchase, and the association reimburses that director the full $1000 which means that director made $25 personally.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By RogerJ1 on 01/20/2022 7:45 PM
Would this be illegal or only bad manners:

A director pays for an association expense with a personal credit card, that gives that person cash back on purchases, but gets reimbursed for the full amount. For example $1000 purchase using a personal credit card for a legitimate association purchase, gets $25 cash back on that purchase, and the association reimburses that director the full $1000 which means that director made $25 personally.

Not illegal, and in my opinion, not bad manners. I do this all the time. Only my card pays 1%, so if I get reimbursed $1000, I make $10.

It helps offset unreimbursed expenses like fuel and other hoa related expenses that I can't turn in. I am definitely not making a profit.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA is NOT reimbursing for the benefit. Just the cost they expended. So why would that be illegal or unethical? Someone doesn't like the director and wants to make it a thing?

Former HOA President
PatJ1 (North Carolina)
Posts: 568
Posted:
Nowadays, even paying with cash, it's almost impossible to pull out a card, shop at a store, or pick a certain delivery date and NOT get something in return.

SheliaH (Indiana)
Posts: 6,964
Posted:
What Melissa and Henry said.

The director didn't go into this trying to make a profit - an association expense had to be paid, the director paid it and got reimbursed, which was appropriate. His or her agreement or incentive with the credit card company is none of your business.

You might have an issue if no received presented or the director didn't receive authorization to pay the expense. There are other things board members do that warrant a look but this isn't it. Calm down and carry on.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ND (PA)
Posts: 792
Posted:
Illegal? No.

Not cool, bad manners, (very slightly) unethical, bad form, dishonest, improper, etc.? Probably not, but could be . . . context is important.

> Is this a rare occasion? Was nobody else willing or able to make the necessary purchase? Was there agreement/understanding beforehand that this Director would make the purchase? Then absolutely not an issue with what was done. I suppose the Director does have the option of lowering their requested reimbursement by $25, but this would be that Director's option to do so.

> However, does this Director seek out unnecessary expenses simply to use their personal credit card to get cash back? Does this happen frequently? Are others totally deprived of a similar "privilege"? Are there better alternatives than what is being done? Then maybe there is a slight issue where a different method or agreement for making purchases should be established.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By HenryS7 on 01/21/2022 2:00 AM

It helps offset unreimbursed expenses like fuel and other hoa related expenses that I can't turn in. I am definitely not making a profit.

Why not turn in your mileage at the IRS established mileage rate for reimbursement by the HOA?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Not illegal, not even bad manners.

The cash back business is a deal between the credit card company and the card holder. The credit card company makes money through use of the card, and if they want to share a portion of the profits with the card holder (to encourage additional use) then that's between them.

The Association neither benefits nor is harmed in any way by this. The only exception to this would be if the business charged higher costs to those using a cash back card, and I've never heard of such a thing. The only instance I've heard of differing prices is if the buyer uses a merchant's "loyalty" card, and in that case the Association would benefit through a lower price for the goods or services.

If you're looking for something to nail the board member with, keep looking.
RogerJ1 (Texas)
Posts: 550
Posted:
It might seem petty but the director has a credit card issued to the association that director could have used instead. I see it as somewhat similar to the situation that a director gets a kick-back from a contractor - the director is getting money for purchasing something for the association in both cases. One is indirect, via payment method choice by choosing personal credit card over association issued one, and for less money while the other would be more money likely and more direct, but in both cases the director is making money for association purchases.
MarshallT (New York)
Posts: 414
Posted:
While this is not illegal, it's not a best practice either.

When possible, payments should not be made using personal cards.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By RogerJ1 on 01/21/2022 5:54 AM
It might seem petty but the director has a credit card issued to the association that director could have used instead.
-- Then the director should be using this credit card instead, so the association enjoys any cash refund from the credit card company.

-- The $25 cash back on $1000 is a 2.5% rate. I am not seeing any credit card company offering such a high rate (on non-food items) except for introductory periods. Where'd you pull this number from? Is it just the highest you think would make this thread believable? Because it is falling flat for me.

-- How often are large purchases even occurring?

-- I am not wild about a board having to expend time and energy beyond reviewing a receipt for a HOA item that a director has submitted as an expense. The director should be using the HOA card, but whatever.

LetA (Nevada)
Posts: 2,679
Posted:
If you can't beat them, join em! Not illegal, unethical, just a very savy businessman. I am so over BAPP's B!tching about rich people. Do what the rich people do and you won't be a BAPP
CathyA3 (Ohio)
Posts: 6,299
Posted:
Not all associations have corporate credit cards (ours doesn't). These cards can be expensive, and it can save the association money if a director uses a personal card (or writes a check or pays cash) and then is reimbursed.

I mean, we don't complain if they write a personal check or pay cash, do we? It's their money in that case, too. And what happens if the director uses one of many payment apps that are popping up? Same thing.

And would we be complaining if the director shopped at some place with a loyalty program and was charged less as a result, which would benefit the association unjustly since it was the director who was entitled to this perk? This situation is equally "wrong".

I think people are making a mountain out of a molehill. As long as the director has an itemized receipt to turn in ** and the association would have been charged the same amount regardless of what payment method was used ** I say no harm no foul.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By CathyA3 on 01/21/2022 7:07 AM
Not all associations have corporate credit cards (ours doesn't). These cards can be expensive, and it can save the association money if a director uses a personal card (or writes a check or pays cash) and then is reimbursed.
How are corporate credit cards expensive? What's going on (that I obviously have no clue on)?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Higher rate or other charges for some type credit cards. Plus how do you split up the perks? Someone is going to want to use those options...

Former HOA President
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By AugustinD on 01/21/2022 7:10 AM
Posted By CathyA3 on 01/21/2022 7:07 AM
Not all associations have corporate credit cards (ours doesn't). These cards can be expensive, and it can save the association money if a director uses a personal card (or writes a check or pays cash) and then is reimbursed.
How are corporate credit cards expensive? What's going on (that I obviously have no clue on)?

Corporate credit cards are only expensive to the company that accepts them. Processing rates are higher for the vendor. Everything comes at a cost and someone always pays. Not the credit card company.
CathyA3 (Ohio)
Posts: 6,299
Posted:
For honks and giggles, I looked up business cards that offer cash back, and found cash back amounts between varying up to 5%. However, they all charged an annual fee. (There is no free lunch, the credit card companies are in this business to make a profit.)

For occasional small purchases, a business credit card may not make financial sense since you'll pay to have the card regardless of whether you use it or not. And bigger purchases often involve bids and are paid by check out of operating funds.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By PatJ1 on 01/21/2022 7:13 AM
Posted By AugustinD on 01/21/2022 7:10 AM
Posted By CathyA3 on 01/21/2022 7:07 AM
Not all associations have corporate credit cards (ours doesn't). These cards can be expensive, and it can save the association money if a director uses a personal card (or writes a check or pays cash) and then is reimbursed.
How are corporate credit cards expensive? What's going on (that I obviously have no clue on)?


Corporate credit cards are only expensive to the company that accepts them. Processing rates are higher for the vendor. Everything comes at a cost and someone always pays. Not the credit card company.

In addition to the annual fee charged to card holders, you often have to pay the bill promptly, otherwise you'll be slapped with punitive penalties (can be worse than what they hit individual consumers with, and we individuals ain't treated so good by these companies to start with). In fact, one of the results of The Great Recession was a federal law that cracked down on a number of the more egregious practices of the banks and credit card companies.

These companies are skilled at extracting money from your pocket and putting it into theirs. If they're offering cash back or other perks, then it is profitable for them to do so. If the merchants are being hit, then they must raise prices overall in order to stay in business - which is a good reason to use a payment method that offers perks since you're paying the cost of those perks whether or not you use them.

There is no free lunch.
BillH10 (Texas)
Posts: 1,217
Posted:
Roger

If the use of the personal credit card is of sufficient concern, due to the optics or whatever, the matter is easily resolved by requiring that the Association credit card be used for association related expenditures. You could also throw in words to the effect charges placed on a personal card will not be reimbursed except when the personal card was used in the case of an emergency.

My wife and I are retired from a Fortune 10 corporation, we were issued company credit cards. We were forbidden to use the company card for personal expenditures, the ultimate penalty was termination. If you develop rules for the use of the association credit card, you may wish to consider a similar restriction on use.

PatJ1 (North Carolina)
Posts: 568
Posted:
We don't have, and never have had, an HOA credit card. Credit cards issued are linked to personal information now. As a volunteer working with complete strangers, I limit my personal information. If I can't log-in to control or close it, I'm not interested.
BenA2 (Texas)
Posts: 1,273
Posted:
I agree with the others, there is nothing wrong with it. If they have an HOA card they could use and they are using their personal card instead just to make a profit, then I would have an issue with it, but it still would not be illegal.

In our self-managed HOA it is not unusual for a board member to make a purchase and get reimbursed. It would not be worth the trouble to make the adjustment in the accounting software for the cashback of one to two percent. I would just consider it a very small benefit to the director for their trouble.

Looking at it from another angle, would you reimburse a director for interest if they did not pay off their credit card at the end of the month? Whether they pay interest or get cashback is a cost/benefit that is between them and their credit card company.

RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By AugustinD on 01/21/2022 6:44 AM
Posted By RogerJ1 on 01/21/2022 5:54 AM
It might seem petty but the director has a credit card issued to the association that director could have used instead.
-- Then the director should be using this credit card instead, so the association enjoys any cash refund from the credit card company.

-- The $25 cash back on $1000 is a 2.5% rate. I am not seeing any credit card company offering such a high rate (on non-food items) except for introductory periods. Where'd you pull this number from? Is it just the highest you think would make this thread believable? Because it is falling flat for me.


My Bank of America card pays me 1% on everything, 2% on groceries and gasoline and 3% on all online orders. Plus all my rewards are multiplied by 175% based on relationship level. So for online orders, I get over 5%. Some American Express cards have similar rewards but are multi hundred dollar annual fees.
JedT
Posts: 10
Posted:
This. The avoidance of the appearance of anything improper or unethical should be the standard, not simply whether the Association itself incurs any loss that it otherwise would not have.

Only in the most unusual of circumstances should an Officer's personal finances intersect with Association business, and in such a circumstance, the resolution of it should be fully presented to the entire Board.

Stay out of the grey areas and no one gets tempted to take it even farther.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By RogerJ1 on 01/20/2022 7:45 PM
Would this be illegal or only bad manners:

A director pays for an association expense with a personal credit card, that gives that person cash back on purchases, but gets reimbursed for the full amount. For example $1000 purchase using a personal credit card for a legitimate association purchase, gets $25 cash back on that purchase, and the association reimburses that director the full $1000 which means that director made $25 personally.

The ethics issues would only arise if the HOA were paying you "cash back" on purchases made on its behalf. You are good to go.

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