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JackS20 (North Carolina)
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."


SheliaH (Indiana)
Posts: 6,964
Posted:
Generally there is no comingling of money from several HOAs into one account - that's very ineffective and creates too many opportunities for waste and embezzlement. Are you sure the company doesn't have all of its clients at the same institution, each with their own account? Even then, the association should bank wherever it chooses - the key is to find a bank with experience in working with HOAs. Of course, operating funds and reserves should be in separate accounts.

As far as authorized signers go, some association policies state two signatures are required for checks exceeding a certain amount. The property manager might be authorized to pay certain expenses up to a certain amount and some routine bills could be set to pay automatically. All of them should have a paper trail and be authorized by the board.

I dont know if you've contacted EVERY property manager in the state and read EVERY contract (frankly I doubt it). It may be you looked at boilerplate contracts, which I would expect several sections to be tailored to the needs of your community. If a property manager refuses to do that, keep looking for one that will.

Don't remember if you said you were on the board - if so, it's good you're taking a good look at the contract. Perhaps previous boards went along with this setup for years and didn't question it because it seemed everything was working - until one day, it didn't. There have also been stories of property managers and/or companies stealing thousands of dollars from associations who never got it back, so your questions are most appropriate.

I suggest that your board (all of you) review the contract with the association attorney to get a good understanding of what's in this contract (that means all of you will need to read it and take notes so 6ou can ask questions about anything you don't understand). It may be time to renegotiate the thing or even consider going elsewhere.

If searching for a property manager is new to everyone, the CAI website has educational materials on best practices for selecting one. If you decide a change is necessary, pay close attention to sections addressing transition plans.

If someone suggests self management, understand this will mean more work and CAI has materials on that too. It's not impossible, but careful thought is mandatory before taking this step. There are lots of conversations on this website about best practices and horror stories regarding management of HOA accounts- read a few and bring your questions back to this conversation so you'll get current information. Good luck!

PS - CAI has some useful information on establishing financial policies and protocols to protect association assets. Your association accountant can also make some suggestions.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By JackS20 on 06/26/2025 6:08 AM
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,
Yeah that's horse excrement. It sure makes embezzlement easier. The latter is exactly what happened with one of my former HOAs.

But if every single MC in your area insists on doing it this way, and you cannot find an independent contractor to service your HOA, oh well.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Contracts are written to favor those who wrote it.

Contracts can be negotiated.

Other options - hire a different contractor as a bookkeeper to:
1) Collect the mail
2) Document/maintain the individual lot ledgers
3) Deposit funds into the Associations bank account (we always had it go to checking).
4) Send collection notices/invoices to members

The Treasurer would maintain the checkbook, pay the bills, transfer funds to and from the reserves and balance the receipts.

If you still need the PM for other things (based on your development), the price should go down enough to almost hire an independent contractor for this.

In my last Association, we hired from within the community having them sign a contract.
Worked well, providing the Treasurer did their job.
JackS20 (North Carolina)
Posts: 271
Posted:
Quote:
Posted By SheliaH on 06/26/2025 7:00 AM

I dont know if you've contacted EVERY property manager in the state and read EVERY contract (frankly I doubt it).

No I've only contacted several in my city. Charlotte has thousands of HOA's and demand is high so the mgt companies have gotten lazy don't care if they loose a client here and there. I've had many say, no way will they let us use our own bank. First Citizens, Truliant and Alliance Association Bank have gotten HOA banking and reconcillaiton down to such a science most mgt companies are hooked on their services and aren't gonna make exceptions for any hoas.

BryonW (Massachusetts)
Posts: 55
Posted:
Hey JackS - I think a trustee should always be a signatory, in addition to the manager. As a practical matter, that trustee should NOT be conducting transactions, because the PM's office is responsible for all bookkeeping, and if we start making transactions that the PM doesn't know about, it screws up the bookkeeping. So the main purposes of a trustee being a signatory is for emergencies, and also for transparency. It means the trustee can call up the bank with a question, and the bank will be allowed to speak to the trustee.

In the contracts that you quoted, the PM's are just saying that all their clients accounts will be at the same bank - but NOT the same account:

"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."

If a PM were proposing to co-mingle funds of multiple associations in one account, I would say that would be a bright red line. Do not hire, or, fire immediately!

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