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JanL10 (California)
Posts: 1
Posted:
HOA in California.

Our current and previous management companies insist we use their bank of choice for our checking and a money market account for reserves.

We allowed the checking and a small money market account to remain in their hands. We had moved funds into higher interest earning CDs at FDIC insured agencies previously. Our funds in "their bank" total less than $250,000.

We were told our funds would be insured in excess of the $250,000 maximum. (I know it is possible IF the management company purchases a bond to cover that amount, but we are not statisticians and making certain that bond is current is not feasible.)

We were also informed that they have a "master account" in their name and ours is a "sub account".

The bank they use "specializes" in HOA funds.

If this bank is closed, will the management company, being the owner of the "master account" be required to release 100% of funds under $250,000 to us, or could they lump us in with all their other properties, which would cost us some of our money?

The bank they are using is in the news this week. And it doesn't look good.

This Board has worked very hard for several years to build appropriate reserves. What are our options? And what are our legal rights for funds "up to $250,000" if we are a sub-account on the management company's "master account"?

What can we do to better protect ourselves in the future?
SheliaH (Indiana)
Posts: 6,964
Posted:
The funds up to $250K is an FDIC thing, so take a look at its website to see how this works -https://www.fdic.gov/ I don't know which bank you're referring to (it seems several of them are having issues), so you may need to wait and see if another bank takes it over, like JP Morgan did with First Republic.

For your legal questions, go to an attorney - most of us aren't attorneys and even if we were, we don't have your documents. Get your attorney on this immediately so he or she can review your management agreement to see how this works. Once this gets resolved, your next step should be advise this company that changes will be made - it's a matter of whether they still want to be your property manager and do it your way or you go to a company that will.

If you haven't already done so, you need to go to your property manager IMMEDIATELY and see what their plans are - and it's ok to tell them you want your money under your control, as it should be. At the very least, your money should be in the association's name and signing authority should be issued to the appropriate board officer. otherwise, you may be in a world of trouble if the management company goes pfft. Here's another article you can start with - https://www.ksnlaw.com/blog/protecting-association-funds/. You might also check out the CAI website to look at their educational materials - some address internal controls HOAs can use to protect the bag.

This is why it helps to get a fidelity bond in the association's name - that could be what the management company is referring to when it said your money would be insured beyond $250K. However, I wouldn't be surprised if the bond is actually in the name of the management company and they dole out the money if disaster strikes.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MaxB4
Posts: 3,513
Posted:
I own a management company in California a d use national banks in both Phoenix and Las Vegas.

One the limit is $250k
Second the account is supposed to be set up HOAname, second line, c/o Management Company, third line adddress of Management company.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Some banks and credit unions provide their own insurance on deposits over $250,000, up to a limit of $500,000 the last I heard. Not all of them do, you'll have to shop around.

In addition, some banks offer a program called IntraFi Network Deposits (formerly known as Certificate of Deposit Account Registry Service (CDARS)). It allows for deposits in excess of $250,000 to be FDIC insured by spreading the money around in participating institutions. Since the money is in CDs, the program is appropriate for reserve funds.

If you're on the board, consider asking the manager to explain what the benefits are of using that particular bank. I can see it for the operating accounts, especially if their bank is one of the bigger players in your area. It can be easier for the management company to have all of their clients in a single place. But reserves often end up getting moved for insurance purposes, and you can sometimes find better returns on your money if you shop around - I would resist being forced into any particular institution unless I was given some compelling reason for it.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:

I wouldn't worry about a bank closing. FDIC steps in and fixes everything, they open up the next day and its business as usual. Even if its over the 250k limit, FDIC still fixes everything.

I WOULD worry about your mgmt company closing, theft, the ability to move money between one HOA and another to cover up financial crimes, etc. The bank account should be in the HOA name, not the mgmt company name. And statements be provided by the bank, not provided by the mgmt company.

Many companies get away with financial crimes for decades, because they are providing the fake reports about your money.

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