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WendyM5 (North Carolina)
Posts: 1,522
Posted:
$25K was our old annual budget with Mgt company
We fired them and hired sister financial mgt company
$11K is our new budget. We will waive $90 dues in the spring.
If we fired the financial mgt company then
$5.5K would be our new self managed budget for 154 homes. Major expenses are $1600 for insurance and $3000 for lawn care of common areas, $360 for electricity and $400 for mailings. very simple.

Sources of income if self managed.
Closing document fees $350/sale 12x per year....$4200
Interest from $120K in CD's @ 4.5...............$5400
Total...........................................$9600

Judging from recent survey's. About 2/3rd of the neighborhood would probably be happy to not pay dues. only 60 out of 154 homes vote and of that about 1/4 vote pro fines and are hawkish, everyone else is laid back.

Any con's to getting rid of HOA dues for the next 5 years? Possibly much longer? biggest down side is I'll have to do all the self management stuff, but I'm doing it 90% already. No major expenses should come up in the next 20 years.I'll probably be dead after that so not gonna worry too far ahead.

vis ta vie
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Never get rid of dues. It is your HOA income. The HOA is only funded by it's members for it's members. So why take money away?

Former HOA President
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By WendyM5 on 11/22/2023 10:48 AM
$25K was our old annual budget with Mgt company
We fired them and hired sister financial mgt company
$11K is our new budget. We will waive $90 dues in the spring.
If we fired the financial mgt company then
$5.5K would be our new self managed budget for 154 homes. Major expenses are $1600 for insurance and $3000 for lawn care of common areas, $360 for electricity and $400 for mailings. very simple.

Sources of income if self managed.
Closing document fees $350/sale 12x per year....$4200
Interest from $120K in CD's @ 4.5...............$5400
Total...........................................$9600

Judging from recent survey's. About 2/3rd of the neighborhood would probably be happy to not pay dues. only 60 out of 154 homes vote and of that about 1/4 vote pro fines and are hawkish, everyone else is laid back.

Any con's to getting rid of HOA dues for the next 5 years? Possibly much longer? biggest down side is I'll have to do all the self management stuff, but I'm doing it 90% already. No major expenses should come up in the next 20 years.I'll probably be dead after that so not gonna worry too far ahead.

Making long-term, fiscal decisions for an organization when you plan to not be around (Dead or moved) should lead you to reconsider your thinking on gutting your HOA operation. When you're gone, the HOA and community are left in worse shape due to your decision-making. That's not the goal but I commend you for subsidizing 153 other homes because you're working for free on their behalf...not yours
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By WendyM5 on 11/22/2023 10:48 AM

Any con's to getting rid of HOA dues for the next 5 years? Possibly much longer? biggest down side is I'll have to do all the self management stuff, but I'm doing it 90% already. No major expenses should come up in the next 20 years.I'll probably be dead after that so not gonna worry too far ahead.

1. Funding Reserves.
2. Burn out of volunteers (I spent 20-30 hours a month for a self managed HOA)
3. You can't count on house sales keeping pace.
4. It's the boards job to worry far ahead. Paying a little bit now vs a special assessment later.
5. What happens when you quit doing the work and the other board members don't want to do it - answer: Management Company
6. Don't forget to include financial audits in your budget

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Wendy

I agree with both Kelly and Tim. Also if Reserves get to high, consider establishing a Capital Improvements budget line item.
CathyA3 (Ohio)
Posts: 6,299
Posted:
What do your CC&Rs say about how members are assessed?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/22/2023 10:48 AM
$25K was our old annual budget with Mgt company
We fired them and hired sister financial mgt company
$11K is our new budget. We will waive $90 dues in the spring.
If we fired the financial mgt company then
$5.5K would be our new self managed budget for 154 homes. Major expenses are $1600 for insurance and $3000 for lawn care of common areas, $360 for electricity and $400 for mailings. very simple.

Sources of income if self managed.
Closing document fees $350/sale 12x per year....$4200
Interest from $120K in CD's @ 4.5...............$5400
Total...........................................$9600
-- I expect both the closing document fees and the CD interest may be taxable HOA income, and at a high rate. Consult whoever does the HOA taxes to get an idea of how much income tax will be owed.

-- Does the HOA insurer know a director will be (or is?) preparing closing documents?

-- As others noted, what does the reserve study require for a reserve contribution each year?
KerryL1 (California)
Posts: 14,550
Posted:
Tho't I posted a reserves question earlier, but apparently did not.

Remind us of your reserves components-- I think I might recall a playground, its equipment, etc.? Exterior lighting and/or watering systems? At what % funded are your reserves as of 1/1/24?

It's possible your CC&Rs use language that require that dues be collected? Or not?

It's good seeing such hard-working creativity, Wendy.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Thanks for all the feedback.

I think that every dollar the board spends could also be a dollar back into the member's pocket.

We have very low expenses and the park and picnic shelter were just redone so they shouldn't need any funding for 30 years.

I'll look into taxes which will be an issue.
Happy Thanks giving.


vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ElleN on 11/22/2023 12:46 PM

I expect both the closing document fees and the CD interest may be taxable HOA income, and at a high rate. Consult whoever does the HOA taxes to get an idea of how much income tax will be owed.

That is a very good point.

An HOA/COA dropping assessments below the IRS 1120-H level (currently 60%) would result in the Association having to file IRS Form 1120. Form 1120 is very complicated and is best filled out by an CPA. From my understanding, form 1120 typically results in higher taxes.

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TimB4 on 11/23/2023 5:42 AM
An HOA/COA dropping assessments below the IRS 1120-H level (currently 60%) would result in the Association having to file IRS Form 1120. Form 1120 is very complicated and is best filled out by an CPA. From my understanding, form 1120 typically results in higher taxes.
I completely forgot about this threshold. What TimB4 posted is important, AFAIC. To quote from the instructions from Form 1120-H that TimB4 linked:

To qualify as a homeowners association, the following must apply.
• At least 60% of the association's gross income for the tax year must consist of exempt function income (defined later).
[snippage]
...
Exempt function income. Exempt function income consists of
membership dues, fees, or assessments from... [owners in the HOAs]


I would expect the bill from the accountant who does the taxes is going to be over $1000.

It is likewise troubling to read that the OP thinks reserve funding can be ignored for 30 years. Reserve studies' goal is to spread capital costs (costs associated with replacement and major maintenance of infrastructure or amenities) over as many owners and as many years as possible.

WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/23/2023 6:46 AM
Posted By TimB4 on 11/23/2023 5:42 AM
An HOA/COA dropping assessments below the IRS 1120-H level (currently 60%) would result in the Association having to file IRS Form 1120. Form 1120 is very complicated and is best filled out by an CPA. From my understanding, form 1120 typically results in higher taxes.
I completely forgot about this threshold. What TimB4 posted is important, AFAIC. To quote from the instructions from Form 1120-H that TimB4 linked:

To qualify as a homeowners association, the following must apply.
• At least 60% of the association's gross income for the tax year must consist of exempt function income (defined later).
[snippage]
Exempt function income. Exempt function income consists of
membership dues, fees, or assessments from... [owners in the HOAs]

I would expect the bill from the accountant who does the taxes is going to be over $1000.
It is likewise troubling to read that the OP thinks reserve funding can be ignored for 30 years. Reserve studies' goal is to spread capital costs (costs associated with replacement and major maintenance of infrastructure or amenities) over as many owners and as many years as possible.

The cost to fill out form 1120 has been quoted to me by a local CPA as $500 which ironically is cheaper than what our current financial Mgt company is charging us to do 1120-H taxes $565.
From my research filing form 1120 means that ALL income is taxable, but at a lower 15% rate, which would save the HOA money vs the 30% corp tax rate.
From a projected $9600 income that means $1440 would be taxable and I think the $500 tax prep fee can be deducted so about $940 in taxes.

At the next board meeting I will be making a motion to hire a new CPA instead of using the current useless one that is over priced and refused to answer basic HOA tax questions.

Appreciate the concern about the reserves, but they are already overfunded and so small to begin with that it's not really an issue. We will never ever need a special assessment because of how low it costs to maintain the park. I'm the first board member to make a reserve study and atually invest our reserve money, so while not perfect, it's better than previous boards.

happy Turkey day everyone.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/23/2023 7:10 AM

The cost to fill out form 1120 has been quoted to me by a local CPA as $500 which ironically is cheaper than what our current financial Mgt company is charging us to do 1120-H taxes $565.
From my research filing form 1120 means that ALL income is taxable, but at a lower 15% rate,
Twenty-one percent (21%) is what I am seeing.

I am not sure all income is taxable when filing Form 1120.

Quote:
Posted By WendyM5 on 11/23/2023 7:10 AM
which would save the HOA money vs the 30% corp tax rate.
Form 1120-H's 30% tax rate is on taxable income. When a HOA qualifies to use 1120-H, the taxable income often amounts to zero.
Quote:
Posted By WendyM5 on 11/23/2023 7:10 AM
Appreciate the concern about the reserves, but they are already overfunded and so small to begin with that it's not really an issue. We will never ever need a special assessment because of how low it costs to maintain the park. I'm the first board member to make a reserve study and atually invest our reserve money,
Please clarify: Are you saying you yourself prepared a reserve study, estimating remaining useful life and cost to replace, assuming a certain number for inflation?

I grant that if amenities and infrastructure amount to little, and there are enough owners, then yes, there's a lot of room for the current owners to cover any error made in reserve planning.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/23/2023 7:34 AM
Posted By WendyM5 on 11/23/2023 7:10 AM

The cost to fill out form 1120 has been quoted to me by a local CPA as $500 which ironically is cheaper than what our current financial Mgt company is charging us to do 1120-H taxes $565.
From my research filing form 1120 means that ALL income is taxable, but at a lower 15% rate,
Twenty-one percent (21%) is what I am seeing.

I am not sure all income is taxable when filing Form 1120.

Quote:
Posted By WendyM5 on 11/23/2023 7:10 AM
which would save the HOA money vs the 30% corp tax rate.
Form 1120-H's 30% tax rate is on taxable income. When a HOA qualifies to use 1120-H, the taxable income often amounts to zero.
Quote:
Posted By WendyM5 on 11/23/2023 7:10 AM
Appreciate the concern about the reserves, but they are already overfunded and so small to begin with that it's not really an issue. We will never ever need a special assessment because of how low it costs to maintain the park. I'm the first board member to make a reserve study and atually invest our reserve money,
Please clarify: Are you saying you yourself prepared a reserve study, estimating remaining useful life and cost to replace, assuming a certain number for inflation?

I grant that if amenities and infrastructure amount to little, and there are enough owners, then yes, there's a lot of room for the current owners to cover any error made in reserve planning.

yes I made a reserve study and it is based off doing yearly mainteance instead of letting things go to hell and then spending a lot of money replacing stuff like previous boards did. If things are just maintained on regular intervals there should never be any huge expense in keeping the park nice.

vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
Like Wendy, I did my past Associations reserve study. No it wasn't perfect. Yes, it was much better then no reserve study at all.

During the annual reviews, I added things I missed in the initial study.

Our second study was done by a Reserve Specialist. Based on his figures, I was pretty much on target.

My study included input from catalogs, internet research and asking companies for advice. Some were willing to give a life expectancy on the things for a promise to be able to bid on replacements. If you don't have a structure (club house, condominium, etc.) or a pool, with some guidance, you can do a fairly good study on your own.

If you have a structure or a pool, I strongly recommend getting an engineer to give input to any study.
KerryL1 (California)
Posts: 14,550
Posted:
I'd asked Wendy (above) what reserve components they have & Wendy didn't reply. We know about the park & its furnishings. What else? I think not much, but maybe outdoor lighting or water systems? If heir exterior water comes from a well or wells they need to be in the study. Perhaps they have some sort of entry monument?

Btw, Wendy, annual maintenance doesn't go in a reserve study, which should only have items that last more than a year. Your stuff that you do during the year to the park or once a year comes from your operating budget.
LetA (Nevada)
Posts: 2,679
Posted:
I always cringe when I see HOA's with little to no dues collected, but here are some things to ponder.

A dozen years ago when I was buying, I found a house in an HOA. I called the HOA that was listed on the MLS and
the company said this was a "non managed" HOA, There are CC&R's but there was no board per se and the HOA was not
in receivership. The monthly dues was like $12. The street was public, no amenities but the streetlights was paid for by the HOA.
There was just a small patch of landscape that virtually needs no maintenance with a small water bill. I think there was like 24-26 houses
on the street. Not much need for reserves and consider the ombudsman gets $5 per door per year. I think the same PMC managed
about 15 streets in the area.

Those low numbers are quite possible, just be weary.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By KerryL1 on 11/23/2023 11:34 AM
I'd asked Wendy (above) what reserve components they have & Wendy didn't reply. We know about the park & its furnishings. What else? I think not much, but maybe outdoor lighting or water systems? If heir exterior water comes from a well or wells they need to be in the study. Perhaps they have some sort of entry monument?

Btw, Wendy, annual maintenance doesn't go in a reserve study, which should only have items that last more than a year. Your stuff that you do during the year to the park or once a year comes from your operating budget.

we got "rid" of the sprinkler system. This saved us $300/month in water bill and reduced grass cutting in half. Yes the grass is less green in front, but good enough looking when driving by at 25mph; no one actually walks on it, only drive by.
no front lighting either.

This past year was the first year the picnic shelter was painted caulked and re roofed in 25 years. past boards had let the roof leak so bad 1/4 of the plywood decking had to be replaced. As long as it is painted every 4 years and re roofed in 30 years it will be fine. It's just not a big ticket item @ $2000 this past year to redo.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By LetA on 11/23/2023 7:54 PM
I always cringe when I see HOA's with little to no dues collected, but here are some things to ponder.

A dozen years ago when I was buying, I found a house in an HOA. I called the HOA that was listed on the MLS and
the company said this was a "non managed" HOA, There are CC&R's but there was no board per se and the HOA was not
in receivership. The monthly dues was like $12. The street was public, no amenities but the streetlights was paid for by the HOA.
There was just a small patch of landscape that virtually needs no maintenance with a small water bill. I think there was like 24-26 houses
on the street. Not much need for reserves and consider the ombudsman gets $5 per door per year. I think the same PMC managed
about 15 streets in the area.

Those low numbers are quite possible, just be weary.

so did you buy a home in this HOA? how's it working out 12 years latter?

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/22/2023 10:48 AM

Sources of income if self managed.
Closing document fees $350/sale 12x per year....

G.S. 47F-3-102(13) says:
[If the Declaration or Articles of Inc allow, an association has the right to]

(13) Impose reasonable charges in connection with the preparation and recordation
of documents, including, without limitation, amendments to the declaration.

(13a) Impose reasonable charges in connection with the preparation of statements
of unpaid assessments, which must be furnished within 10 business days after
receipt of the request, in an amount not to exceed two hundred dollars
($200.00) per statement or request, and an additional expedite fee in an
amount not to exceed one hundred dollars ($100.00) if the request is made
within 48 hours of closing, all of which charges may be collected by the
association, its managers, or its agents.


This forum saw a long discussion of this about a year ago at https://www.hoatalk.com/Forum/tabid/55/forumid/1/tpage/1/view/Topic/postid/342789/Default.aspx.

It appears WendyM5 has come down on the side of charging the going, local rate being "reasonable."

I think what the HOA is doing invites a lawsuit asserting that the charge here is not in fact for the preparation or recordation of documents. Instead, the charge appears to be entirely, transparently for the profit of the HOA.

I do not think it's any different from adding a line item in the budget (expense side) that is for compensation of directors (except the directors, being volunteers, do not get paid).

WendyM5, just saying. Your plan is interesting. I guess you have the board's support here. The HOA accountant/bookkeeper/tax preparer is buying it. And it's no fun having a hard-working, all-volunteer board's hands tied by pesky statutes. But for readers down the road, I do not think I could get behind such a plan.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/24/2023 7:30 AM
Posted By WendyM5 on 11/22/2023 10:48 AM

Sources of income if self managed.
Closing document fees $350/sale 12x per year....

G.S. 47F-3-102(13) says:
[If the Declaration or Articles of Inc allow, an association has the right to]

(13) Impose reasonable charges in connection with the preparation and recordation
of documents, including, without limitation, amendments to the declaration.

(13a) Impose reasonable charges in connection with the preparation of statements
of unpaid assessments, which must be furnished within 10 business days after
receipt of the request, in an amount not to exceed two hundred dollars
($200.00) per statement or request, and an additional expedite fee in an
amount not to exceed one hundred dollars ($100.00) if the request is made
within 48 hours of closing, all of which charges may be collected by the
association, its managers, or its agents.


This forum saw a long discussion of this about a year ago at https://www.hoatalk.com/Forum/tabid/55/forumid/1/tpage/1/view/Topic/postid/342789/Default.aspx.

It appears WendyM5 has come down on the side of charging the going, local rate being "reasonable."

I think what the HOA is doing invites a lawsuit asserting that the charge here is not in fact for the preparation or recordation of documents. Instead, the charge appears to be entirely, transparently for the profit of the HOA.

I do not think it's any different from adding a line item in the budget (expense side) that is for compensation of directors (except the directors, being volunteers, do not get paid).

WendyM5, just saying. Your plan is interesting. I guess you have the board's support here. The HOA accountant/bookkeeper/tax preparer is buying it. And it's no fun having a hard-working, all-volunteer board's hands tied by pesky statutes. But for readers down the road, I do not think I could get behind such a plan.

I negotiated down the closing fees with our latest financial mgt co. to $150, (previoulsy $400) . I'm not really for increasing them again, but will leave it up to the membership to vote on it. I'm guessing since only 6% of owners move during any given year the majority will vote to increase the fees so they dont' have to pay dues each year. I'm sure there's some people that will think not paying dues is going to destroy the HOA. The more I look into the tax issue the less important it seems to be. Looks like HOA's can deduct expenses from the profit so the HOA might only pay taxes on a very small 0 to $2000 carry over each year.

During the transition 3 people overpaid and the new financial mgt company wants HOA BOD/us to get HUD statements so they can mail out 3x $250 checks.
Only 1 out of the 6 buyers/sellers bothered to reply to my email. If people are so apathetic about getting thier money back I really doubt anyone will make a lawsut about it. Besides like you said this has been discussed before. HOA's can charge $200 for the closing doc and they can also charge a $200 fee for setting up the new members account.

I've gotten 3 grants for the HOA in the last 2 years, they are a lot of work. People dont' want to volunteer even if paid $30/hour. They would rather work a job and pay the HOA money then do social activities with their neighbors. Strange, but true.

I have not presented any of these ideas with board or cpa yet. I was for self managemetn this past summer, but 2 other board members didnt' want to handle customer service emails; strange since 99% of customer emails are from corporate rentals which they despise.
Just thinking how the HOA can benefit it's members instead of just using them as a source of income.

In the end it will be the membership that decides what financial direction they want to go, not the board.
I will say in the last survey, the membership overwhelmingly decided to conduct financial business totally opposite of how the HOA has been run for 25 years. They voted for $100 cap on continuing violations. Refunding excess funds every year instead of saving it, getting rid of monthly drive through inspections, and to stop mowing 1/3 of the park that hardly anyone uses.

We will see how it goes.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/24/2023 7:30 AM
Posted By WendyM5 on 11/22/2023 10:48 AM

Sources of income if self managed.
Closing document fees $350/sale 12x per year....


I do not think it's any different from adding a line item in the budget (expense side) that is for compensation of directors (except the directors, being volunteers, do not get paid).

Politely disagree. But even if true 75% of people who completed our last survey voted to compensate board members $40 per meeting or more. We will see if people actually vote to approve the bylaw changes in the next year.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/24/2023 9:41 AM

In the end it will be the membership that decides what financial direction they want to go, not the board.
Legally it's the board that makes financial decisions.

But I get it. So much for the law, bylaws and covenants. Your board aims to re-write how HOAs are run. You all are volunteers. Who can blame you.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/24/2023 10:21 AM
Posted By WendyM5 on 11/24/2023 9:41 AM

In the end it will be the membership that decides what financial direction they want to go, not the board.
Legally it's the board that makes financial decisions.

But I get it. So much for the law, bylaws and covenants. Your board aims to re-write how HOAs are run. You all are volunteers. Who can blame you.

You and I both know the law and know that everything discussed here is totally legal. A $200 fee for setting up a new account is allowed. You even argued the same in another thread. Don't mix that fee up with a closing doc fee which is limited to $200 total.

Our bylaws allow us to rewrite them with a 50% of a quorum approval. We've been able to get this 2 years in a row, so when the vote comes up it will most likely pass.

The Covenants have nothing to do with the proposed financial changes, but not to worry i'm working on getting those updated to reflect what the owners have voted for which is corp. rental restrictions.

When the dues are lowered I expect the membership will gladly blame us.
I've found it extremely effective to tell any dissenters that the board makes decisions based on what the majority voted for. It has worked every time so far. I expect it to be a winning strategy going forward.

The whole mumbo jumbo about the board being sued for decreasing dues is just ridiculous and will never happen.

vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
What is allowed isn't always the right thing to do.

I'm all for lowering assessments when possible. I'm not sure I would support lowering it to zero.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Yes I am aiming to rewrite how HOA's are run. legally, fairly and democratically. I appreciate the input provided so I can work on addressing similar concerns other board members or residents might have.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/24/2023 10:46 AM
Posted By ElleN on 11/24/2023 10:21 AM
Posted By WendyM5 on 11/24/2023 9:41 AM

In the end it will be the membership that decides what financial direction they want to go, not the board.
Legally it's the board that makes financial decisions.

But I get it. So much for the law, bylaws and covenants. Your board aims to re-write how HOAs are run. You all are volunteers. Who can blame you.


You and I both know the law and know that everything discussed here is totally legal. A $200 fee for setting up a new account is allowed. You even argued the same in another thread.
I expect what I posted before (in the thread from this past January) was carefully qualified. Fact: This HOA does not have an expense associated with the closing documents.

Just the fact that you think owners can legally make financial decisions (reserved to the board) tells me you do not know the law on this issue. This is only my opinion.

I told you how I would vote, if I were on this board. I am sure my position would not be popular, and yours (for now) would be wildly popular. As I indicated earlier, you all are volunteers, and I have a lot of sympathy for all the hours these volunteers give. So whatever. I am posting for future readers who wonder if the board can do anything it wants. No, it cannot.

WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By TimB4 on 11/24/2023 10:49 AM
What is allowed isn't always the right thing to do.
I'm all for lowering assessments when possible. I'm not sure I would support lowering it to zero.

Past president has reminded me that when I leave the new board will hire a full service management company. That's fine. They will have the money to do so. Curious why you think it is not right thing to do when we are so flush with cash that we could run the HOA's budget for 12 years straight without a penny from owners using our current financal mgt company. If we did self mgt it woudl be almost double that. there comes a time to stop the nonsensical hording of cash and actually lower the dues to fit what the HOA budget numerically needs, not what people feel is needed.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/24/2023 10:58 AM
Posted By WendyM5 on 11/24/2023 10:46 AM
Posted By ElleN on 11/24/2023 10:21 AM
Posted By WendyM5 on 11/24/2023 9:41 AM

In the end it will be the membership that decides what financial direction they want to go, not the board.
Legally it's the board that makes financial decisions.

But I get it. So much for the law, bylaws and covenants. Your board aims to re-write how HOAs are run. You all are volunteers. Who can blame you.


You and I both know the law and know that everything discussed here is totally legal. A $200 fee for setting up a new account is allowed. You even argued the same in another thread.
I expect what I posted before (in the thread from this past January) was carefully qualified. Fact: This HOA does not have an expense associated with the closing documents.

Just the fact that you think owners can legally make financial decisions (reserved to the board) tells me you do not know the law on this issue. This is only my opinion.

I told you how I would vote, if I were on this board. I am sure my position would not be popular, and yours (for now) would be wildly popular. As I indicated earlier, you all are volunteers, and I have a lot of sympathy for all the hours these volunteers give. So whatever. I am posting for future readers who wonder if the board can do anything it wants. No, it cannot.


It's about politics. When I tell other board members that 75% of the people who voted, voted to lower dues to $90 or to $0 how do you think that makes them feel? Are they gonna dismiss their neighbors wants? They might say, but that might not be good for the HOA's finances long term. Then I present an excel spread sheet showing the HOA's current money in reserves and operating could run the HOA for 12 years without a single extra penny input?

The whole notion that the HOA will get sued for legally lowerig dues I find laughable. HOA's get sued for being power hungry over issues like covenants and ARC's not for lowering dues.


vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/24/2023 11:06 AM

It's about politics. When I tell other board members that 75% of the people who voted, voted to lower dues to $90 or to $0 how do you think that makes them feel?
In my opinion: A responsible director would not give a darn about what owners say. A responsible director would look at the bylaws, covenants and statutes.
Quote:
Posted By WendyM5 on 11/24/2023 11:06 AM
Then I present an excel spread sheet showing the HOA's current money in reserves and operating could run the HOA for 12 years without a single extra penny input?
-- Contributing to a reserve account pursuant to a recent, properly done reserve study is not "hording of cash" (as you posted above). On the contrary: This claim of yours is the typical gross conceptual error made by newbie owners.

-- Statutes may very well indicate that money in the reserve account cannot be used for operating expenses.

-- I am not convinced you completed a bona fide, proper reserve study, setting up a spreadsheet that takes into account remaining useful life, estimated cost to replace and inflation.

Quote:
Posted By WendyM5 on 11/24/2023 11:06 AM

The whole notion that the HOA will get sued for legally lowerig dues I find laughable.
This is not what I posted. And it says a lot about you that you would say this.

I think sellers/buyers are the ones who might sue, because the docs cost is strictly for the HOA to pocket and not associated with any bona fide expense.

WendyM5 (North Carolina)
Posts: 1,522
Posted:
Thanks for the clarification. I also disagree anyone would sue an HOA over a $200 set up account fee. Certainly the most 3 recent home buyers did not, an interenet search showed a local news story about HOA's where one person though about suing over this reason, but ultimately did not.

I'll let you know how the vote goes, but you and I already know what will most likely happen.

vis ta vie
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By WendyM5 on 11/24/2023 5:59 AM
Posted By LetA on 11/23/2023 7:54 PM
I always cringe when I see HOA's with little to no dues collected, but here are some things to ponder.

A dozen years ago when I was buying, I found a house in an HOA. I called the HOA that was listed on the MLS and
the company said this was a "non managed" HOA, There are CC&R's but there was no board per se and the HOA was not
in receivership. The monthly dues was like $12. The street was public, no amenities but the streetlights was paid for by the HOA.
There was just a small patch of landscape that virtually needs no maintenance with a small water bill. I think there was like 24-26 houses
on the street. Not much need for reserves and consider the ombudsman gets $5 per door per year. I think the same PMC managed
about 15 streets in the area.

Those low numbers are quite possible, just be weary.


so did you buy a home in this HOA? how's it working out 12 years latter?

I would've but most if not all the homes I looked at were gutted and needed $10K or more to pass a FHA inspection for a mortgage.
Had to go with new build meh!
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By WendyM5 on 11/24/2023 11:35 AM
Thanks for the clarification. I also disagree anyone would sue an HOA over a $200 set up account fee. Certainly the most 3 recent home buyers did not, an interenet search showed a local news story about HOA's where one person though about suing over this reason, but ultimately did not.

I'll let you know how the vote goes, but you and I already know what will most likely happen.

I agree, suing over a $200 set up fee is ridiculous. What's in the set up fee? Do you get keys to the pool, and or clubhouse, keys to to the pedestrian gate. Remotes
for the entrance??
SheliaH (Indiana)
Posts: 6,964
Posted:
I've read everyone's comments and have to agree with most everyone here who have reservations about this. I know you've had other conversations about the costs of various services in your community and I agree that they should be reviewed regularly to see where you can find savings. It's not just about X being "too expensive" - you also look at the quality of services provided. You might reduce costs by going to someone who charges less and if you can get the same quality of work (preferably higher), that's great.

Has anyone else looked at your numbers and concurred with your approach, such as your accountant? You've put a lot of work in this, but it's also possible you may have missed something (note Tim said he had to add things he missed when he did a second reserve study). You said your reserves are overfunded and right now you have enough money to run the community for several years without any new assessments. Did a reserve specialist say you were overfundec the last time you had a reserve study? How old is that study?What about tbe association's master insurance policy- you know premiums are going up everywhere - has anyone talked to them to see how premiums might go over the next five years or so?

It's said if you want to make God laugh, tell Him (or Her or them) your plans, and with climate change, the economy and who knows what the government is thinking (local and up), why not consider holding assessments at the current rate for a few years to see if the numbers and your forecasts are working?

I'd hate to see the assessments drop to zero only to face a huge increase and perhaps a special assessment. You may still be around in 20 or 30 years with your current board- you might not be active, but people will want to know what you were thinking and they may not like what you tell them. I'm sure some of the folks at Surfside didn't think things were as awful as they'd been told and didn't want higher assessments either and you saw how that went.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
Adding to others' comments about reserve studies, professional studies usually project expenses out 30 year or more. If a study only looks at the next 10 years, for example, the reserve account are probably underfunded unless the common elements in the community have specific characteristics that make the shorter time horizon reasonable. In condo communities, that's very unlikely since the common elements generally include foundations, framing, roofs, possibly decks and patios, and the like.

If I were condo hunting and came across a community that was self-managed, claimed they had a surplus in their reserves, and was over ten years old, I would be very skeptical. Over-funded condo communities are unicorns: you almost never encounter them in the wild. Could one exist? Sure. But the odds of me finding it are basically zero - especially in areas that are prone to extreme weather and given the recent trends facing all communities (inflation and spiking insurance premiums).

This doesn't just apply to community associations. Any time you come across something that seems to be wildly outside the norms, it needs explaining - especially when money is involved, since far too many people engage in magical thinking when dollar signs are involved.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By CathyA3 on 11/25/2023 5:50 AM

If I were condo hunting and came across a community that was self-managed, claimed they had a surplus in their reserves, and was over ten years old, I would be very skeptical. Over-funded condo communities are unicorns: you almost never encounter them in the wild.

I agree over funded condos are rare. But we are SFH, not condos. they are totally different entities. I do not share your concerns about reserve studies at all. The picnic shelter and metal playground will last 50 years easily with moderate maintenance. Now if some future board decides to not fix a leaking roof for 5 years like the last one then the story might change, but that's on them.
the real problem is some future board might like to piss away $40K on a new playground instead of just painting the old playground and maintaining it. And do so by lying about the cost being half of the actual cost.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By SheliaH on 11/24/2023 8:15 PM

Has anyone else looked at your numbers and concurred with your approach, such as your accountant?

You may still be around in 20 or 30 years with your current board- you might not be active, but people will want to know what you were thinking and they may not like what you tell them. I'm sure some of the folks at Surfside didn't think things were as awful as they'd been told and didn't want higher assessments either and you saw how that went.

Nope no one has looked at the numbers. Let's be realistic, people have biases on how money should be spent and just give opinions based on how they feel not on the actual data/financial math. When we get an accountant (financial mgt company accountant is worthless) I'll run it by them.

I'm being serious. Some paraphrased survey comments below:
The HOA should be dissolved it doesn't do anything besides take care of the common areas. And there is some trash on the corner someone needs to pick up. (Hmm, wonder who would take care of that trash if there wasn't an HOA?)
Don't spend any more money on adding trees to the park. (zero money was spent, grant money was used)
Why dont' we have a pool or tennis court? (a tennis court is $25K and only 2 people voted for it, and a pool is $300K and 9 people voted for it)
Our own treasurer has never even made an annual budget, I make it up and she's always saying we need more money with no justification for it.

I am not joking when I state I am the only one out of 154 owners that understands the budget.

In 20 or 30 years zero people will give a crap about how I ran/steered finances a couple of decades ago. Seriously. There will never be a special assessment to get a new playground. People will either repaint it or just play on it anyways.

Meanwhile I"m wondering how past boards were dumb enough not to invest tens of thousands of dollars into at least a CD, but instead just let it get 0% interest in a bank account. we have zero records before 2017. From 2017 to 2021 we have two board meeting minutes.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/25/2023 9:04 AM
Meanwhile I"m wondering how past boards were dumb enough not to invest tens of thousands of dollars into at least a CD, but instead just let it get 0% interest in a bank account.
I have doubts this is fair. Short term CD rates were near bupkis until just the last two years or so. Also the board might have believed it might need the money in the reserves and did not want to tie it up in a CD, especially one paying so little.

As for the future: I suggest not getting too used to what short term CDs are paying today.

I presume you are setting the assessment as the Declaration directs. Namely, on the basis of the budget. Said budget should include a "contingency fund" line item to provide a cushion for things like changing CD rates. I think it's tricky because people like to assume their assessment is going to be about the same from year to year. Consequently I think a lot of boards aim for no change in the assessment. This is often to the detriment of maintenance and reserve funding. In my opinion, boards should get owners used to the assessment changing every year. The numbers are what they are.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 11/25/2023 10:18 AM
Posted By WendyM5 on 11/25/2023 9:04 AM
Meanwhile I"m wondering how past boards were dumb enough not to invest tens of thousands of dollars into at least a CD, but instead just let it get 0% interest in a bank account.
I have doubts this is fair. Short term CD rates were near bupkis until just the last two years or so. Also the board might have believed it might need the money in the reserves and did not want to tie it up in a CD, especially one paying so little.

As for the future: I suggest not getting too used to what short-term CDs are paying today.

I presume you are setting the assessment as the Declaration directs. Namely, on the basis of the budget. Said budget should include a "contingency fund" line item to provide a cushion for things like changing CD rates. I think it's tricky because people like to assume their assessment is going to be about the same from year to year. Consequently, I think a lot of boards aim for no change in the assessment. This is often to the detriment of maintenance and reserve funding. In my opinion, boards should get owners used to the assessment changing every year. The numbers are what they are.

Long-term 5 year CDs (can't be recalled) are paying 4.5 % nowadays. Not worth it to invest in short-term cds' to get an extra 0.5% interest IMHO. I do not buy the argument that past boards thought the money was needed in reserves. They coudlnt' even fix a visibly leakig picknic roof. If the board isnt' gonna invest the money they should return it to the owners instead of milking the membership for "contingency' funds that are never used every year.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/25/2023 10:42 AM

Long-term 5 year CDs ([snotty ElleN edit: not callable]) are paying 4.5 % nowadays.
Friend (if I may call you this), 5-year CDs were paying less than 0.5% just two years ago. See https://www.bankrate.com/banking/cds/historical-cd-interest-rates/#20s
Quote:
Posted By WendyM5 on 11/25/2023 10:42 AM
Not worth it to invest in short-term cds' to get an extra 0.5% interest IMHO. I do not buy the argument that past boards thought the money was needed in reserves. They coudlnt' even fix a visibly leakig picknic roof. If the board isnt' gonna invest the money they should return it to the owners instead of milking the membership for "contingency' funds that are never used every year.
Look, respectfully, and I do not want to be too condescending, but let's keep working on vocabulary here.

-- The reserve account is completely different from a line item known as "contingency fund" in the operating account. To be really confusing, sometimes the "contingency fund" is called the "operating reserve." They both do the same thing: Provide a cushion in the operating account for unexpected annual operating expenses. Like excessive snowfall, requiring more snowplowing.

-- By definition, reserve accounts involve money sitting for years. Why? Because the purpose of a reserve funding plan is to spread the costs of infrastructure and amenity replacement over as many owners and as many years as possible. Why? Because fairness demands that all owners over all time pay as equally as possible for their use of amenities and infrastructure. It will never be perfectly equal. But it's better than having to suddenly impose a special assessment on one set of owners at one point in time, dumping all the costs on these owners.

-- Yes, when CD rates are high, do invest some of the reserve money in a CD or a CD ladder.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree with ElleN about the interest rates.

Prior to the pandemic, the government pursued a zero interest rate policy (an aftermath of the Great Recession). Inflation started to rise during the pandemic, driven partly by the overheated real estate market and by supply chain issues due to the pandemic.

In addition, boards have limited options for investments, since the primary goal is not to lose principal. This means CDs, money market accounts (not money market funds), and government securities held to maturity. There is always a trade off between risk and reward, and safe investments that guarantee return of principal by definition won't earn much. There are periods like now when you can earn over 5% on a CD, but we haven't seen this in quite a while since the government tries to manage the economy so that inflation runs around 2%-3%.

As far as CDs go, the usual method of increasing returns is to have a ladder of varying maturities so that you're regularly reinvesting money and capturing higher returns when interest rates are rising. Some may be tempted to redeem low-earning CDs early during periods like that - but the penalty for doing so can mean forfeiting a good chunk of the money you've earned (I've even seen some CDs that ding you on principal, but they're not common).

Nobody has a crystal ball, not even professional investors. It's very easy for anyone to get things wrong, especially board members may not be skilled in finance. They may even be afraid of making a bad decision - and if an association is rolling in dough, which is what's being claimed here, they have little incentive to take uncomfortable risks.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By ElleN on 11/25/2023 10:56 AM
Posted By WendyM5 on 11/25/2023 10:42 AM

Long-term 5 year CDs ([snotty ElleN edit: not callable]) are paying 4.5 % nowadays.
Friend (if I may call you this), 5-year CDs were paying less than 0.5% just two years ago. See https://www.bankrate.com/banking/cds/historical-cd-interest-rates/#20s
Quote:
Posted By WendyM5 on 11/25/2023 10:42 AM
Not worth it to invest in short-term cds' to get an extra 0.5% interest IMHO. I do not buy the argument that past boards thought the money was needed in reserves. They coudlnt' even fix a visibly leakig picknic roof. If the board isnt' gonna invest the money they should return it to the owners instead of milking the membership for "contingency' funds that are never used every year.
Look, respectfully, and I do not want to be too condescending, but let's keep working on vocabulary here.

-- The reserve account is completely different from a line item known as "contingency fund" in the operating account. To be really confusing, sometimes the "contingency fund" is called the "operating reserve." They both do the same thing: Provide a cushion in the operating account for unexpected annual operating expenses. Like excessive snowfall, requiring more snowplowing.

-- By definition, reserve accounts involve money sitting for years. Why? Because the purpose of a reserve funding plan is to spread the costs of infrastructure and amenity replacement over as many owners and as many years as possible. Why? Because fairness demands that all owners over all time pay as equally as possible for their use of amenities and infrastructure. It will never be perfectly equal. But it's better than having to suddenly impose a special assessment on one set of owners at one point in time, dumping all the costs on these owners.

-- Yes, when CD rates are high, do invest some of the reserve money in a CD or a CD ladder.
But the one caveat to the above is that if the infrastructure and amenities are so minimal, and so low cost, and there are many owners to spread the cost of replacement and major maintenance over, then the board can be cavalier about reserve funding, in my opinion. This may in fact be the case with your HOA. I am just going from your description of what reserve components you think exist. To flesh this out:

In a former HOA of mine, with 2000+ SFHs, the HOA was responsible for the irrigation system for all the front yards. The HOA owned no other infrastructure nor amenities.There was never going to be a full replacement of the irrigation system. Rather, replacement of major parts (like industrial size backflow preventers) happened periodically as they failed. Budgeting was done based on prior year repairs. I felt, and still feel, a reserve account is not necessary in cases like this. A decent sized "contingency fund" (the cushion) in the operating budget was all that was needed.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By CathyA3 on 11/25/2023 10:57 AM

As far as CDs go, the usual method of increasing returns is to have a ladder of varying maturities so that you're regularly reinvesting money and capturing higher returns when interest rates are rising. Some may be tempted to redeem low-earning CDs early during periods like that - but the penalty for doing so can mean forfeiting a good chunk of the money you've earned (I've even seen some CDs that ding you on principal, but they're not common).

Last year I tried to get an account set up with Fidelity because they had 1% better CD rates than the bank our Full service Mgt company used. however the full service mgt company was incompotent and coudlnt' get the CD account application set up. Upon looking at our contract they didn't even have the autority to be signers on the CD account which is what made the application so confusing and get rejected. In the end the HOA lost $2000 in interest because I was trying to get a few hundred more. this year just trying to KISS.

vis ta vie
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By WendyM5 on 11/25/2023 11:35 AM
Posted By CathyA3 on 11/25/2023 10:57 AM

As far as CDs go, the usual method of increasing returns is to have a ladder of varying maturities so that you're regularly reinvesting money and capturing higher returns when interest rates are rising. Some may be tempted to redeem low-earning CDs early during periods like that - but the penalty for doing so can mean forfeiting a good chunk of the money you've earned (I've even seen some CDs that ding you on principal, but they're not common).


Last year I tried to get an account set up with Fidelity because they had 1% better CD rates than the bank our Full service Mgt company used. however the full service mgt company was incompotent and coudlnt' get the CD account application set up. Upon looking at our contract they didn't even have the autority to be signers on the CD account which is what made the application so confusing and get rejected. In the end the HOA lost $2000 in interest because I was trying to get a few hundred more. this year just trying to KISS.

Getting accounts set up for corporations is a time-consuming pain in the keister - much worse than for individuals. The feds have been cracking down on financial crimes, which means documentation upon documentation. When we moved reserve funds to a new bank, every change - such as when we had to change signers after a board election - was a two-hour long appointment. You have to be patient and persistent.

The attractive CD rates that you see advertised by the banks are often not available to business entities, only to individuals. Credit unions can be more generous, and federally insured credit unions insure their deposits (NCUA is comparable to FDIC coverage). They also can be easier to deal with.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Appreciate all the feedback.

I think I will propose dues going to $50 instead of zero.

That way I don't have to debate the merits of giving money back to owners to people that have opposite feelings.

I'm not gonna bust my ass to educate people on how the budget works. Most don't seem to care anyways.

I'm just gonna accept there is a group of people out there that know nothing about the budget, but will flip out if/when the board decides to reduce fees to zero. Better to make it a small amount and not deal with the political blow back. It will be easy to show the cost of grass cutting, insurance, mailings, etc works out to $50/home and not discuss interest or closing doc fees.

After a couple of years the budget should show we are still getting excess funds every year and I might try again then to reduce it further.

Thanks.

vis ta vie
KerryL1 (California)
Posts: 14,550
Posted:
Your $50 approach seems readily acceptable to owners, Wendy, and does provide a buffer incase something unpredictable comes up. I wish our Board included creative thinkers like you!

LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By WendyM5 on 11/25/2023 8:37 AM
Posted By CathyA3 on 11/25/2023 5:50 AM

If I were condo hunting and came across a community that was self-managed, claimed they had a surplus in their reserves, and was over ten years old, I would be very skeptical. Over-funded condo communities are unicorns: you almost never encounter them in the wild.


I agree over funded condos are rare. But we are SFH, not condos. they are totally different entities. I do not share your concerns about reserve studies at all. The picnic shelter and metal playground will last 50 years easily with moderate maintenance. Now if some future board decides to not fix a leaking roof for 5 years like the last one then the story might change, but that's on them.
the real problem is some future board might like to piss away $40K on a new playground instead of just painting the old playground and maintaining it. And do so by lying about the cost being half of the actual cost.

Not caring about the playground structure eh! They need regular maintenance and inspection. Google Lamplighter Village Las Vegas and see what happens when negligent boards ignore routine
maintenance on the play set.
JackS20 (North Carolina)
Posts: 269
Posted:
I am aware of the playground accident where something fell on a kids head and caused brain damage, if that is what you are talking about.

Trust me I'm the person who is inspecting it every 4 to 6 months. Everyone else is like we need to hire someone to do this all. It takes 5 min and I get some exercise biking down there.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 11/25/2023 2:14 PM
It will be easy to show the cost of grass cutting, insurance, mailings, etc works out to $50/home and not discuss interest or closing doc fees.
If I were on the board there and someone asked, "What about all the interest and the closing doc fees?" I would respond: "In my opinion, these are prone to variation and mostly should not be relied upon in setting the budget. I feel any income from these sources is gravy and will certainly be considered, one way or another, in the following year's budget. That's just my take."
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JackS20 on 11/25/2023 4:22 PM
I am aware of the playground accident where something fell on a kids head and caused brain damage, if that is what you are talking about.

Trust me I'm the person who is inspecting it every 4 to 6 months. Everyone else is like we need to hire someone to do this all. It takes 5 min and I get some exercise biking down there.

I do remember that story.

Of course, that story wasn't really about lack of inspections, it was lack of doing anything once issues were brought to light. Hence, the negligence.
However, my Association (at the time) did start formal inspections because of it.

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