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WilliamW14 (California)
Posts: 13
Posted:
I am Board member and just found out that the President is having a Ladies tea party using some funds from the H.O.A. as petty cash without board approval, is this legal in the state of California
MarkR21 (North Carolina)
Posts: 710
Posted:
Goodness
If only more hoas spent money on social events! Totally legit to spend on social events why would it not be?
LisaB21 (Texas)
Posts: 97
Posted:
Is this a rogue tea party that was never discussed by the Board and/or Social Committee? Is it that the money is being spent, or that it is being spent without approval that is the issue? If it is petty cash, what is the approval process for spending petty cash? How much $$'s are we talking here?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
It is a running argument about association money spent on social events. There are two schools of thought:

1. It is not a association expense and should not be funded by the association.

2. Social events make for a more cohesive association thus worth the expense.

Take your pick.
KerryL1 (California)
Posts: 14,550
Posted:
If you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark?

KerryL1 (California)
Posts: 14,550
Posted:
If you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark? Is SC, JohnC?

BancsS
Posts: 269
Posted:
Quote:
Posted By JohnC46 on 07/16/2022 10:15 AM
It is a running argument about association money spent on social events. There are two schools of thought:

1. It is not a association expense and should not be funded by the association.

2. Social events make for a more cohesive association thus worth the expense.

Take your pick.

I pick #1. There is value in #2 but a tea party might raise some eyebrows.

MarkR21 (North Carolina)
Posts: 710
Posted:
Quote:
Posted By KerryL1 on 07/16/2022 11:05 AM
If you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark? Is SC, JohnC?


Why do you always double post?
BillD16 (Texas)
Posts: 974
Posted:
Quote:
Posted By MarkR21 on 07/16/2022 12:00 hours PM
Posted By KerryL1 on 07/16/2022 11:05 AM
ReadsIf you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark? Is SC, JohnC?



Why do you always double post?

For some reason the Forum software used by HOATalk is a bit ‘twitchy’ and sometimes a single tap on the button somehow registers as two taps and, given the glorious flaky mess that we call HTML and JavaScript{1}, the browser will fire off two “post message” threads that the server side seems to interpret as two legit requests to post, and executes them both without realizing they’re duplicates. I swear I’ve seen this happen to me under both iOS and Win10, so it’s not a pure hardware issue.

BillD

{1} Theoretically, programmers aren’t supposed to guard against race conditions. Tell it to the W3C!

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By BillD16 on 07/16/2022 12:32 PM
Posted By MarkR21 on 07/16/2022 12:00 hours PM
Posted By KerryL1 on 07/16/2022 11:05 AM
ReadsIf you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark? Is SC, JohnC?



Why do you always double post?


For some reason the Forum software used by HOATalk is a bit ‘twitchy’ and sometimes a single tap on the button somehow registers as two taps and, given the glorious flaky mess that we call HTML and JavaScript{1}, the browser will fire off two “post message” threads that the server side seems to interpret as two legit requests to post, and executes them both without realizing they’re duplicates. I swear I’ve seen this happen to me under both iOS and Win10, so it’s not a pure hardware issue.

BillD

{1} Theoretically, programmers aren’t supposed to guard against race conditions. Tell it to the W3C!

May also be a hardware/keyboard issue. Sometimes I click Submit and don't see the rotating circle indicating that my browser is thinking about it, so I hit Submit again - and both posts show up.

Personally I think it's just computers softening up us humans for the day when they take over completely. (Don't get me started on auto-correct.)
MarkR21 (North Carolina)
Posts: 710
Posted:
Quote:
Posted By CathyA3 on 07/16/2022 1:24 PM
Posted By BillD16 on 07/16/2022 12:32 PM
Posted By MarkR21 on 07/16/2022 12:00 hours PM
Posted By KerryL1 on 07/16/2022 11:05 AM
ReadsIf you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark? Is SC, JohnC?



Why do you always double post?


For some reason the Forum software used by HOATalk is a bit ‘twitchy’ and sometimes a single tap on the button somehow registers as two taps and, given the glorious flaky mess that we call HTML and JavaScript{1}, the browser will fire off two “post message” threads that the server side seems to interpret as two legit requests to post, and executes them both without realizing they’re duplicates. I swear I’ve seen this happen to me under both iOS and Win10, so it’s not a pure hardware issue.

BillD

{1} Theoretically, programmers aren’t supposed to guard against race conditions. Tell it to the W3C!


May also be a hardware/keyboard issue. Sometimes I click Submit and don't see the rotating circle indicating that my browser is thinking about it, so I hit Submit again - and both posts show up.

Personally I think it's just computers softening up us humans for the day when they take over completely. (Don't get me started on auto-correct.)

Yeah totally reasonable explanation Ms Sarah Connor
BancsS
Posts: 269
Posted:
Kerry,

On the double post issue, I wonder if after you click submit you do not wait long enough for the post to send. I have done that but I have found if I wait a bit, it goes with one click on submit.

Sometimes my aging fingers get away from me as well.
MarkR21 (North Carolina)
Posts: 710
Posted:
Quote:
Posted By CathyA3 on 07/16/2022 1:24 PM
Posted By BillD16 on 07/16/2022 12:32 PM
Posted By MarkR21 on 07/16/2022 12:00 hours PM
Posted By KerryL1 on 07/16/2022 11:05 AM
ReadsIf you HOA has a written policy that the prez can spend HOA petty case anyway he wishes, it's OK. If no such policy exists, he definitely "want rogue." He should have placed this matter on an open meeting agenda for board discussion and vote.

On this forum we'v seen quite a few examples of presidents who make themselves the decision-makers. IF board voted to give the president such power they are making a big mistake.

In CA, and I think most states, non-profits are governed by boards, not officers. Is NC an exception, Mark? Is SC, JohnC?



Why do you always double post?


For some reason the Forum software used by HOATalk is a bit ‘twitchy’ and sometimes a single tap on the button somehow registers as two taps and, given the glorious flaky mess that we call HTML and JavaScript{1}, the browser will fire off two “post message” threads that the server side seems to interpret as two legit requests to post, and executes them both without realizing they’re duplicates. I swear I’ve seen this happen to me under both iOS and Win10, so it’s not a pure hardware issue.

BillD

{1} Theoretically, programmers aren’t supposed to guard against race conditions. Tell it to the W3C!


May also be a hardware/keyboard issue. Sometimes I click Submit and don't see the rotating circle indicating that my browser is thinking about it, so I hit Submit again - and both posts show up.

Personally I think it's just computers softening up us humans for the day when they take over completely. (Don't get me started on auto-correct.)

Yeah totally reasonable explanation Ms Sarah Connor
KerryL1 (California)
Posts: 14,550
Posted:
Pretty sure it's my fault for not waiting long enough before I click 2x.

I'm much more embarrassed that I assumed the prez is a man! But if a woman, and there's no policy that the president can spend "petty cash" or other HOA funds, it somehow seems worse.

The O.P's post is about whether the HOA can spend funds on parties, this post is about the authority of the president.

What size is your HOA, William?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
HOA funds are EVERYONE's money. Considering not everyone is going to participate then this is a no-no. Unless your HOA spells out it can use money for social events, you do not spend money on those things.

Time to remind the HOA board where the money comes from and how it is supposed to be spent. The HOA funds are ALL member's money not just for use for some. That is why the HOA board is supposed to do. Budget and spend it for the HOA's expenses.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnC46 on 07/16/2022 10:15 AM
It is a running argument about association money spent on social events. There are two schools of thought:

1. It is not a association expense and should not be funded by the association.

2. Social events make for a more cohesive association thus worth the expense.

Take your pick.

When we've had these discussions in the past, we pretty much agreed that self-funded social events are a reasonable compromise.

I think that unless an association's CC&Rs specifically reference social events as an appropriate use of funds - and some of them do - then people can always argue that the board is spending money on things they shouldn't *and* they're doing so to benefit a minority of owners at others' expense. This isn't like having amenities such as a pool that only some people use, since buyers know ahead of time what they're getting into.

On a practical level, social events in the absence of relevant language in the CC&Rs can make it harder for the board to justify raising assessments. "You've got the money, stop spending it on frivolous stuff," say the homeowners. And they're not wrong.

And things like this can raise eyebrows, as it has done in this case. Questions about a board's decisions and ethics can come up even without evidence of wrongdoing - why raise these questions if you don't have to?

So even if the board president didn't actually do anything wrong - and that's open to debate - it still isn't a smart decision.

LisaB21 (Texas)
Posts: 97
Posted:
I think the original questions is can the President use funds from Petty Cash without approval from the Board. Many communities use funds for social events whether it is a tea party, movie in the park night, etc.. We do a Sno Cone truck on the first day of pool opening after school lets out. No one event is going to appeal to 100% of the homeowners, and a long as it is not crazy expensive, most do like that we offer a few small "social" events, regardless of if they attend or not. But in all cases if funds are to be used from petty cash, or any HOA funds, the person using the funds needs approval from the Board. A simple email or mention in a Board meeting that I will be using $$$ from petty cash for the tea party and need Board approval, then the Board members say yes or no, is sufficient and is noted in the minutes as record. But you can not spend any HOA funds, without the rest of the Board being aware and approving the use of the funds.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks you, Lisa. along with double-posting I also am a bad typist. I meant To say in my last post that the question on this thread is about the president's authority. I also think that the prez must have the Board approve such an expenditure at an open meeting.

(Can't be done online in CA)

What size is your HOA, William? What size is the Board? Does the president make other decisions too without Board approval.?
MaxB4
Posts: 3,513
Posted:
If the funds were part of the annual budget, approved by the Board, and the function is listed in a social committee or something to that effect, then yes, the president. on their own, can authorize the funding.
KerryL1 (California)
Posts: 14,550
Posted:
We have a Social Committee. They have spending authorization in their charter. No one else my may spend their funds. We also have a Contingency line item in our budget. It's specifically for unexpected expenses. If the president wanted a tea party, S/he'd need to have the board vote on where the funds for such an event would come from. The same applies to expenditures from "petty cash" if we had one.

I do not agree that the president has the authority to expense funds from any budget line item just because they feel like they want to. Or a group of owners lobby the prez for $$. Note my exception way above--if there's written board-approved authorization the prez may use pretty cash, then fine, but that raises other issues.

It's obvious that a "tea party" could cost $50 to $300 depending on the size of the HOA. Btw, "tea party" sounds so odd in the many parts of CA where I've lived..
BillD16 (Texas)
Posts: 974
Posted:
1. As Treasurer, my first y question would be: how much is this tea party going to cost?

2. Who is invited? If the event is open to all members, then I’d be inclined to consider it a social event. The President might be overstepping their authority - and trust me, I’ve got plenty of issues with that sort of thing - but really, honestly: is it a social event?

If the event is only open to a select few ‘special’ members - which is kind of what I’m reading between the lines - then I’d call foul on it.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
KerryL1 (California)
Posts: 14,550
Posted:
I agree with you, Jon. And the OP wrote it's specifically a "Ladies Tea Party."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
My association does not have a petty cash fund. We also do not have a limit on the amount the Pres. can spend without BOD approval. Neither have ever arisen. In some places a "ladies or men's only event" could be an issue.

Personally I am torn on the social event issue. While I can see them helping to form bonds, I also see them as not an association expense. Were I to organize a social event, I would have those attending pay to cover expenses or I would personally pay for such.

In an association with amenities I could see some BOD Members having a non-BOD approved spending authority such as $500 to $1K. As an example. Clubhouse rented out for a weekend function and a few hours before the function starts there is a plumbing issue that needs fixing now. Again, not an issue here as we have no amenities.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Anything can be done with transparent budgeting and transparent communication about how funds may be spent. It's certainly worth discussing in a business meeting. I wish my HOA budget could absorb community-focused event funding be we have too many short-term bills and too many long-term obligations.
KerryL1 (California)
Posts: 14,550
Posted:
But the OP's question is: Can the the board president spend HOA petty cash funds without board approval on anything they wish?

The question isn't about social events in general or how to fund them.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
IF the HOA board is labeling a fund as "Petty Cash," then I'd say a tea party falls under "petty cash" definitions. That's why it's called petty cash. It's highly fluid and an inconsequential pot of money if it's budgeted that way.

KerryL1 (California)
Posts: 14,550
Posted:
So the prez can use petty cash any way they wish without board approval? In my HOA a "Ladies Tea Party" easily could cost $300. Or can any director or officer use it for their won pet events without board approval?
MaxB4
Posts: 3,513
Posted:
While I was on a board, we have several committees, one being a social committee, the other a finance committee. Each presented a calendar of events, each with a specific budget. We had at least 12 events per year. The budgets for all committees were approved by the boards each Octobers and the chairperson would request the fund for a specific event from the management company. There was no board approval needed as it had already been approved in October. Budgets were always sent out in December, as required in California, and the itemized budget for the social committee was also included. No one ever had an issue. The documents were also posted on our website.

So, to answer Kerry's question, if the expenditure was included in the budget and approved by the board, no further approval is needed.

Everyone here is making off the wall assumptions, yet the OP has only posted once.

We also had an executive committee consisting of two board members who ran the day-to-day operation with spending authority of up to $1500.00 for emergency or maintenance issues.
KerryL1 (California)
Posts: 14,550
Posted:
As I wrote above, we have a Social committee too and they can spend their budget as they see fit. But the OP says this prez just grabbed funds from petty cash for a Ladies Tea Party that was not in the annual budget.

I at least twice, wrote: fine if the board has authorized with its vote that the president may use these funds.

Yes, it would be a nice touch if William would follow up here.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 07/21/2022 10:29 AM
As I wrote above, we have a Social committee too and they can spend their budget as they see fit. But the OP says this prez just grabbed funds from petty cash for a Ladies Tea Party that was not in the annual budget.

I at least twice, wrote: fine if the board has authorized with its vote that the president may use these funds.

Yes, it would be a nice touch if William would follow up here.

Please point out where the OP stated it wasn't in the annual budget. Also, how does William know it was not board approved. Maybe he missed a meeting. If there are receipts presented, it's not illegal. If William and the rest of the board have an issue, they have the option to replace the president, IF, anyone is willing to step up.
BrettH3 (South Carolina)
Posts: 47
Posted:
Our HOA will not approve dispersement of funds for any social event that is not completely inclusive of ALL residents. Even the ice cream socials we hold at the end of the school year are open to all residents not just children..
KerryL1 (California)
Posts: 14,550
Posted:
The OP stated clearly that the funds solely come from "petty cash." I don't think there are line items within petty cash, Max. And how would receipts make the expenditure OK?

All along, my point was it SEEMS the president exceeded their authority. William is on the board, I do think he'd read the minutes if he missed a meeting when the expenditure was approved.

IMO, if the president just acted on this without board approval, chances are pretty good the president also acts in other ways without board approval. Presidents should never be allowed to do whatever they wish. I've see too many abiusive presidents described on this forum and in real life.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 07/28/2022 10:24 AM
The OP stated clearly that the funds solely come from "petty cash." I don't think there are line items within petty cash, Max. And how would receipts make the expenditure OK?

All along, my point was it SEEMS the president exceeded their authority. William is on the board, I do think he'd read the minutes if he missed a meeting when the expenditure was approved.

IMO, if the president just acted on this without board approval, chances are pretty good the president also acts in other ways without board approval. Presidents should never be allowed to do whatever they wish. I've see too many abiusive presidents described on this forum and in real life.

So, you're saying that funds in petty cash couldn't be part of the annual budget? I let you know when I come across an ablusive president.

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