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EdwardD4 (California)
Posts: 99
Posted:
Hello All,

Just want your thoughts on this. Per our bylaws reimbursement is allowed to be paid to a board member, however this is an egregious amount. Reasonable reimbursement for ink cartridges, paper, miscellaneous items of around $500 I can understand, but this was disclosed on our financial audit for the first time this year. Low and behold I was made aware that our CPA has been investigated by the CBA and found guilty for negligent practices on another HOA.

ā€œDuring 2021, a member of the Board of Directors paid drywall repairs, painting, carport repairs common area maintenance and some legal and administrative expenses in behalf of the association and got reimbursed. The Association paid the Board member total of $88,800 during the year.ā€

If you read this and are questioning $8,800 or $88,800. The correct amount is $88,800 cash. Again $88,800 in CASH. Please read my thread on failing to have an election, proxies and dropping our quorum requirements. Some say I don’t have what it takes to be on the board, some differ; however if you feel this is appropriate or ill conceived please reply with your comments.

Have a Happy 4th of July!
MichaelT21 (Arkansas)
Posts: 501
Posted:
I'm sure the day will come that someone questions how much the HOA reimburses me.

I just checked (out of curiosity) and I have been reimbursed $8,033 to date (since I joined the Board). We are incurring more expenses and I will get reimbursed an additional $2,000 or so by July. At some point, someone is going to question all of these payments to me.

A valid receipt has been submitted to the HOA and the accounting department has reviewed and approved them. They are 100% reimbursements and no overpayment.

There are reasons why I'm paying for stuff and then getting reimbursed, typically, it is due to the asinine processes that the property management company sets up that prevents getting the best price on things. So I get better prices and save the assocation money by paying on credit card and then getting reimbursed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Where are the receipts? I can understand some of the charges but legal costs. That is something someone should NOT be paying out of their own pocket on the HOA's behalf. This should have been voted on by the board prior to expending if it's not in the typical office supply catagory.

When I was a board member did have to seek some legal actions against my HOA. Because my property was rental, it was a tax break on my taxes. It was about an illegal special assessment the new board was undertaking. Long story but did force them to to do the right thing for the most part. I just got stuck with the legal bill. Even though I was on the board this was not a board expense. It leads me to wonder how this board member justified the expense?

There should be a policy in place about reimbursement on record. Anything outside of office supplies is something that should be scrutinized and discussed.

Former HOA President
EdwardD4 (California)
Posts: 99
Posted:
Credit card? Are you receiving rewards point such as frequent flyer miles or cash back rewards? There is no reason to pay cash to vendors by the way. Much harder to track and as a fiduciary makes it even more suspicious.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MichaelT21 on 07/03/2022 1:30 PM
I'm sure the day will come that someone questions how much the HOA reimburses me.

I just checked (out of curiosity) and I have been reimbursed $8,033 to date (since I joined the Board). We are incurring more expenses and I will get reimbursed an additional $2,000 or so by July. At some point, someone is going to question all of these payments to me.

A valid receipt has been submitted to the HOA and the accounting department has reviewed and approved them. They are 100% reimbursements and no overpayment.

There are reasons why I'm paying for stuff and then getting reimbursed, typically, it is due to the asinine processes that the property management company sets up that prevents getting the best price on things. So I get better prices and save the assocation money by paying on credit card and then getting reimbursed.

I would drop you as a client in a heartbeat. I am sure you get no benefit from your credit card company, right?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Edward,

Expecting that the board authorized the individual to use their personal credit card to pay those bills, then there is no real issue.
There is a perceived issue. Based on the perceived issue, the board should either utilize checks or obtain a credit card in the Associations name.

If the board did not authorize the individual to use their personal credit card, the board should remove the individual from doing anything with Associations contracts/bills. This, of course, will require that someone steps up to perform those duties.
If the board chooses to do nothing, then there may be an issue with the entire board.
MichaelT21 (Arkansas)
Posts: 501
Posted:
I have not experienced that the Board spends time discussing the mechanism of payment from the association to the vendor.

However, in our association, every reimbursement is approved at a meeting by a quorum of directors. We approve the overall project ahead of time, but the actual reimbursement is approved after it is made and before receipts are submitted to the property manager.
MichaelT21 (Arkansas)
Posts: 501
Posted:
Quote:
Posted By EdwardD4 on 07/03/2022 2:39 PM
Credit card? Are you receiving rewards point such as frequent flyer miles or cash back rewards? There is no reason to pay cash to vendors by the way. Much harder to track and as a fiduciary makes it even more suspicious.

My experience is that many of the best price vendors do not accept property manager reimbursements (submitting an invoice and getting payment 2 weeks later). Our cost would go way up if we did that.

To level set the discussion, some of the payments that I have made out of pocket include:

- Hiring a paper shredding company to shred about 7 boxes of paperwork (under $100)
- Reimbursement from a copy shop for making and laminating signs
- Reimbursement from an out of state print shop to sell us a-frame signs with inserts
- Rental of a storage container to store supplies on site for a renovation project
- Purchase of holiday lights at a big box home improvement store for decorating the community
- Purchase of a PA system from a membership club warehouse store
- Purchase of supplies at a big box home improvement store to remove grafitti from playground
- Purchase of pet waste stations from a online supply store using a coupon given to me

It all adds up. I'd much rather all of this be paid by the property manager directly, but it'd make my life 10x more difficult.

MichaelT21 (Arkansas)
Posts: 501
Posted:
Quote:
Posted By MaxB4 on 07/03/2022 3:39 PM
Posted By MichaelT21 on 07/03/2022 1:30 PM
I'm sure the day will come that someone questions how much the HOA reimburses me.

I just checked (out of curiosity) and I have been reimbursed $8,033 to date (since I joined the Board). We are incurring more expenses and I will get reimbursed an additional $2,000 or so by July. At some point, someone is going to question all of these payments to me.

A valid receipt has been submitted to the HOA and the accounting department has reviewed and approved them. They are 100% reimbursements and no overpayment.

There are reasons why I'm paying for stuff and then getting reimbursed, typically, it is due to the asinine processes that the property management company sets up that prevents getting the best price on things. So I get better prices and save the assocation money by paying on credit card and then getting reimbursed.


I would drop you as a client in a heartbeat. I am sure you get no benefit from your credit card company, right?

I don't think you would. I asked the property manager what the reimbursement process was. She explained it to me. I have used it with her approval. Every reimbursement request was approved by the Board.

If you were our property manager and didn't like this, you'd simply explain that before I submitted any and then I would figure out something else to do.
EdwardD4 (California)
Posts: 99
Posted:
Yes, the board did approve these transactions by the way. Here’s my question, we are talking cash payments being made to vendors in the amount of $88,800. I don’t care who approved it and why this type of ill conceived transaction needs to take place at all. There’s an HOA credit card, checks and other forms of payment.

You all know what comes to mind when cash with that significant amount is being paid to vendors. Recall in my first post what it was being paid to. Additionally the CPA who has been doing our audit for at least 9 years has been investigated by the CBA and was caught for negligent acts. There are better ways to pay vendors with a simple check written to them. How do you account for check registers, ledgers and bank statements? Paid cash to Board member $8,000 this month. I bet you that the receipt is just some invoice and doesn’t specify where the work was completed.

EdwardD4 (California)
Posts: 99
Posted:
Hello TimB4,

Of course there is something with the entire board. First off we have 2 board members who are partners living in the same household (joint owners) serving on the board together. Moreover, using the management company buy short sale properties while managing them as rentals. Additionally we have 2 board members that live offsite (i know not against the law).

When you have a board who is afraid to have an election even when we met the subsequent quorum, requested IDR, requested a special meeting, disseminated false misleading election material, used proxies to vote not to adjourn the meeting there’s obviously something wrong here.

JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By EdwardD4 on 07/03/2022 11:15 PM
Yes, the board did approve these transactions by the way. Here’s my question, we are talking cash payments being made to vendors in the amount of $88,800. I don’t care who approved it and why this type of ill conceived transaction needs to take place at all. There’s an HOA credit card, checks and other forms of payment.

You all know what comes to mind when cash with that significant amount is being paid to vendors. Recall in my first post what it was being paid to. Additionally the CPA who has been doing our audit for at least 9 years has been investigated by the CBA and was caught for negligent acts. There are better ways to pay vendors with a simple check written to them. How do you account for check registers, ledgers and bank statements? Paid cash to Board member $8,000 this month. I bet you that the receipt is just some invoice and doesn’t specify where the work was completed.


Sorry, no board member in their right mind would shell out $88K of their own CASH money to vendors. It's time to dig deeper and look for fraud.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'd be concerned about cash payments as well, although more on the vendor side. If someone wants to be paid in cash, that says tax fraud to me. And if someone is dishonest in one area, they're probably dishonest in other areas. Reputable companies that deal with HOAs are used to receiving checks or other forms of payment - and you want to hire reputable companies.

As far as reimbursements go, if the board has authorized one director to spend the money and the director provides receipts, then of course that person should be reimbursed.

If the director goes to the local copy shop to print the newsletter and the copy shop only accepts credit card payments and the HOA doesn't have its own credit card, then of course the director has to use a personal card. Who cares if it's a cash back card? The HOA isn't being charged extra for the cash back - how would the copy shop know what kind of card the customer uses? If anything the director's credit score may be taking a hit because of the amount of charges being put on the card.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnT38 on 07/04/2022 3:16 AM
Posted By EdwardD4 on 07/03/2022 11:15 PM
Yes, the board did approve these transactions by the way. Here’s my question, we are talking cash payments being made to vendors in the amount of $88,800. I don’t care who approved it and why this type of ill conceived transaction needs to take place at all. There’s an HOA credit card, checks and other forms of payment.

You all know what comes to mind when cash with that significant amount is being paid to vendors. Recall in my first post what it was being paid to. Additionally the CPA who has been doing our audit for at least 9 years has been investigated by the CBA and was caught for negligent acts. There are better ways to pay vendors with a simple check written to them. How do you account for check registers, ledgers and bank statements? Paid cash to Board member $8,000 this month. I bet you that the receipt is just some invoice and doesn’t specify where the work was completed.



Sorry, no board member in their right mind would shell out $88K of their own CASH money to vendors. It's time to dig deeper and look for fraud.

I agree. Something smells funny.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is something to consider... Our utility companies require an actual address and a name in order to set up an account. Our HOA does not have an official address. We used the clubhouse as an address. Considering how boards change there was no official way to put a name on that account. Apparently someone over 20 years ago did lend their name so we could get our water/utilities set up. This set up does have lend that owner putting their personal credit could be effected if we ever defaulted. It was before my time to know if that person put the required deposit down or the HOA provided the money to them. Which would show up as a "reimbursement".

I would want to find out if there was a similar issue that required an actual name/address. When had my A/C system replaced they offered a payment plan. It was applied for similar to getting a credit card. A HOA doesn't have a social security number. It would have to apply for credit differently than an individual. Maybe the board felt they could do a "shortcut" by using someone willing to put up their money/credit?

Mind you that is really a dumb idea and highly not recommended. However, it is a possibility because not all boards are necessarily "intelligent" in their decision making.

This is about the only way I could think it could be justified in paying back for some of these expenses like legal or vendor construction costs. Otherwise it would be good someone could explain wth?

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our utility company Dominion Energy, formerly SCE&G) bills our HOA care of our MC.
EdwardD4 (California)
Posts: 99
Posted:
I thought I would get more responses on CASH reimbursement to a Board member in the amount of $88,800. I guess it didn’t seem all that concerning.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By EdwardD4 on 07/05/2022 11:44 PM
I thought I would get more responses on CASH reimbursement to a Board member in the amount of $88,800. I guess it didn’t seem all that concerning.

1.) Have you asked for, or already read, the Board meeting minutes to verify that these expenditures were officially approved by the entire Board?

2.) Have you asked for, or already read, the invoices for all of the work that was done?

3.) What do the monthly financials show? Was the money paid to the vendor or the person that supposedly fronted the money?

There is really not much anyone here can say until you roll up your sleeves and follow the money trail. If you have already asked for this info and they are not providing it then you may have to decide if you are willing to get a lawyer involved. For me this is personally concerning and I would be asking a lot of questions.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnT38 on 07/06/2022 3:42 AM
Posted By EdwardD4 on 07/05/2022 11:44 PM
I thought I would get more responses on CASH reimbursement to a Board member in the amount of $88,800. I guess it didn’t seem all that concerning.


1.) Have you asked for, or already read, the Board meeting minutes to verify that these expenditures were officially approved by the entire Board?

2.) Have you asked for, or already read, the invoices for all of the work that was done?

3.) What do the monthly financials show? Was the money paid to the vendor or the person that supposedly fronted the money?

There is really not much anyone here can say until you roll up your sleeves and follow the money trail. If you have already asked for this info and they are not providing it then you may have to decide if you are willing to get a lawyer involved. For me this is personally concerning and I would be asking a lot of questions.

Adding to what JohnT38 said, do your bylaws require a regular audits, and what have the most recent ones said?

Most of the responders appeared to agree that this is concerning, but without details we don't know if this smoke adds up to a fire. That $88,000 would say "fire" in a very small HOA with few or no amenities, but less so in an HOA with a few thousand homes and a number of amenities.

The use of cash certainly needs to be explained.
EdwardD4 (California)
Posts: 99
Posted:
Yes, the bylaws require regular annual audits. What makes things really concerning is in 2018, the HOA didn’t complete the audit until November 2019, and it was ā€œNEVERā€ mailed to the homeowners. We are supposed to get the audit 90 days close of fiscal year which technically is a calendar year. That’s 8 months overdue. Dues then jumped $30 in 2020, and then again another $30 in 2022. I was made aware that the CPA who conducted our audit was investigated by the CBA for another HOA. https://www.dca.ca.gov/cba/discipline/actions/ac-2020-4.pdf

When it comes to transparency you hit a stonewall. After pressing the matter the Board said they approved reimbursement cash to vendors paid immediately to keep a good working relationship with them. So obviously they are conducting business outside a board meeting approving work immediately. By the way, we have already cancelled 4 meetings this year, but our bylaws require only once every 3 months so they are hiding behind that which I get is legal, but raises even more suspicion.

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