JackS20 (North Carolina)
Posts: 271
Posts: 271
Posted:
What percentage of Mgt companies do not let board members be signatories on HOA bank accounts? Seems like every single one in North Carolina does not allow it. Also seems like all of them pool HOA funds from multiple different HOA's into one account to make their lives easier, but the same contract says if the bank goes bankrupt (or they do) they are not responsible for your money. Whos gonna figgure out how to split up that pool of money when the Mgt company goes out of business/bankrupt? The courts and it will take months!
Seems like HOA's have "no choice" but to sign these contracts with horrible terms! Or be self managed.
Some examples from actual HOA mgt contracts are below. first is Italic next one Bold
"Agent shall deposit all monies collected on behalf of the Association in a bank or other financial institution. In order to pool resources to gain reduced fee banking services for the Association, all operating and reserve funds (Checking, Money Market and Certificates of Deposit) shall be maintained in a bank or other financial institution of Agent’s choice whose deposits are insured by the federal government. The funds of the Association shall at all times be maintained in the name of the Association, separate and apart from Agent’s own funds and from the funds of any others. Agent’s designees shall be the only parties authorized to draw upon such accounts. Agent shall not be held liable in the event of bankruptcy or failure of such depository. Such Operating account shall not be required to bear interest."
"Paragraph 5 Collection Deposit
Agent shall deposit all monies collected on behalf of the Association in an account (sometimes referred to herein as the “operating account”) at a bank or other financial institution whose
deposits are insured by FDIC or any other insured depository as directed by the Association in writing. The funds of the Association shall at all times be maintained separate and apart from
Agent’s own funds and from the funds of any others. The Agent shall be the only party authorized to draw upon the operating account. Agent shall not be held liable in the event of
bankruptcy or failure of such depository. Such operating account shall not be required to bear interest. Agent shall deposit collect and pay expenses of the Property on behalf of the
Association in accordance with the approved budget from the operating account. Notwithstanding anything within this paragraph to the contrary, the Association understands, acknowledges
and accepts that Agent utilizes a single wholesale merchant account for the purposes of processing electronic payments for all of its clients. Funds into or out of this account are reconciled on
a monthly basis and funds to the Association are made not less than weekly."