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JenniferD8 (Michigan)
Posts: 141
Posted:
My condo development was self managed for over 30 years. Recently, the board contracted a property management company. Financial discrepancies involving the treasurer were uncovered and that individual resigned. Some residents, including myself, pushed the board for a complete audit since one was never done - only financial reviews. The board decided not to do an audit and announced a financial review is sufficient. Now, the board president is conducting their own audit of a few past board members. I served on the board several years ago and was presented a letter by the association's law firm. The letter states I must produce receipts for all the items purchased for the association during my tenure that I was reimbursed for within the next 14 days. These receipts were submitted to the treasurer at the time of reimbursement for a check to be cut. It then states that their records show that I purchased items for gutter repair, caulk, light bulbs, etc. when I handled the grounds, not buildings. If the current president would review the meeting minutes for that time period, they would see that the director handling buildings resigned so the president at that time and myself were handling the work orders pertaining to the buildings.

The letter also states that board members cannot be compensated and they noted I didn't pay a month during my tenure. I did pay and have the cancelled check to prove it.

The spreadsheet created by the president for items that I must justify is riddled with errors. This just further confirms the need for the board to complete an independent audit.

What's everyone's take on this? BTW - the current president dislikes me and has singled me out on multiple occasions.

DavidG45 (Delaware)
Posts: 994
Posted:
We’re you the Treasurer during your time on the board? Did the board pass a motion authorizing the President to make this informal audit?
JenniferD8 (Michigan)
Posts: 141
Posted:
I wasn't an officer. I was a director. My main responsibility was to oversee all things related to the grounds -- lawncare, snow removal, roads/driveways, sprinklers, care of landscaping, etc. The director that overseen the buildings stepped down at the beginning of my tenure, so I helped with all of those work orders for 8 months.

The treasurer, who obviously didn't maintain the best of recotds, also served as the secretary.

I'm not sure if the current president was authorized, since they aren't transparent.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Personally, if it were me, I would respond by specifying that the receipts were turned into the Association in order to be reimbursed. If the Association failed to keep them, that is on them. The work and supplies were authorized by the board per the minutes.

I would also remind the board that since I was acting as a member of the board that I am indemnified by the Association and D&O insurance. However, this might escalate things, so I would hopefully think twice before sending it.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By JenniferD8 on 12/18/2022 5:01 AM
I wasn't an officer. I was a director. My main responsibility was to oversee all things related to the grounds -- lawncare, snow removal, roads/driveways, sprinklers, care of landscaping, etc. The director that overseen the buildings stepped down at the beginning of my tenure, so I helped with all of those work orders for 8 months.

The treasurer, who obviously didn't maintain the best of recotds, also served as the secretary.

I'm not sure if the current president was authorized, since they aren't transparent.


At this point, my inclination would be to tell the attorney his questions should be directed to the Association’s Treasurer. Organize all of your documentation so you are prepared to present it. But it is not your responsibility to prove the Association did not misappropriate money - it’s the Association’s responsibility.

On the other hand, it might make sense to clear it all up right now. Is the attorney a decent person? You could offer to answer his questions, but only if he will sit down with him in person so you can demonstrate all of what you are saying. At that time you could also mention the personality conflict, and express that you hope the Board President does not make any public accusations or slander you in any way based on what appears to be a very careless “audit.”

JenniferD8 (Michigan)
Posts: 141
Posted:
I appreciate the advice. We were allowed to spend up to $400 without board approval, so it wouldn't be a daily vote for minor items such as purchasing light bulbs or gutter screws. I did a lot of physical labor for free to help the community such as spreading woodchips, re-landscaping the common grounds, etc. My tenure was only for a year (I resigned) and was at the beginning of COVID when everything was locked down. Anyone on a board at that time can understand the challenges of finding contractors.
JenniferD8 (Michigan)
Posts: 141
Posted:
Sound advice, however, the attorney's letter stated to present the documentation to the HOA president and to direct all questions to the HOA president. I'm not comfortable doing that, since this person is a bully.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JenniferD8 on 12/18/2022 6:00 AM
Sound advice, however, the attorney's letter stated to present the documentation to the HOA president and to direct all questions to the HOA president. I'm not comfortable doing that, since this person is a bully.

Then request a meeting with the board and present it then.
JenniferD8 (Michigan)
Posts: 141
Posted:
The current president also is making the accusation that I exceeded the $400 limit by purchasing 5 trees for delivery and install on the common grounds. The amount was @ $1300. I have an email discussing this purchase along with a number of other improvements with the board via email. Again, this was during the height of COVID so board meetings weren't consistent. I just feel that this borderlines on being very petty since other board members aren't being scrutinized.
JenniferD8 (Michigan)
Posts: 141
Posted:
Good idea!
TimB4 (Tennessee)
Posts: 21,059
Posted:
At the meeting, I would also ask the Board if they authorized the President to incur legal costs by having the Association attorney send you a letter when a simple email would have produced the same results.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JenniferD8 on 12/18/2022 6:11 AM
The current president also is making the accusation that I exceeded the $400 limit by purchasing 5 trees for delivery and install on the common grounds. The amount was @ $1300. I have an email discussing this purchase along with a number of other improvements with the board via email.

Good, you have documentation.
You should also obtain copies of minutes from your time there (if you don't already have them).

Quote:
Posted By JenniferD8 on 12/18/2022 6:11 AM
Again, this was during the height of COVID so board meetings weren't consistent.

I'm not sure what this means.
You had approval or you did not based on meeting minutes or action without meeting.

Quote:
Posted By JenniferD8 on 12/18/2022 6:11 AM
I just feel that this borderlines on being very petty since other board members aren't being scrutinized.

It probably is petty. However, per your posting, there were some issues discovered so it would be prudent to check all transactions. An full audit might ask the same questions.

Regarding if others are being scrutinized, don't go there.
Some may have received the same letter.
Some might not have had any reimbursements - so there is no need to ask.

You don't want to get into the mindset of this being a personality conflict issue. It can cause you to have emotions enter into the issue and emotions can block clear thinking.
Keep everything to the facts as presented.

If you turned receipts into the treasurer and contracts to the secretary or next board member, so be it.
Most people do not keep copies of receipts once a reimbursement has been completed and the board will likely understand that.

Presidents of Assocaitions are typically the signature on all contracts. Hence you might ask the company who planted the trees for a copy of the paperwork (if they still have it) and see who signed the authorization.

TimB4 (Tennessee)
Posts: 21,059
Posted:
It goes without saying, keep copies of what you would give to the board for yourself.
JenniferD8 (Michigan)
Posts: 141
Posted:
I forgot to add that a letter went out a few weeks ago to all residents. The letter stated that only one board member was found to have misappropriated funds, since all present and past board members were scrutinized. The letter then stated that past board members were compensated by waiving their monthly dues. The current board said that moving forward they would not be compensated and would only be volunteers. (As it should be!) I was the only one on the board at that time that paid my monthly dues. The current board further stated that no action would be taken on past board members regarding this issue. It seems a little fishy that I receive a letter a few days ago accusing me of not paying one month during my tenure and then quoting the bylaws that board members can't be compensated.

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