You all aren't going to believe this one.

OMG. this takes the cake..

The board has been notified of specific , verifiable information that indicates a current board member, former XXX employee, submitted a payment request and was paid for a time period after he was no longer employed by the association.

Specifically, the information below was only recently discovered and was immediately reported to the board.
XX was employed by the XXX from approx october of 2021 to Sept 22 of 2023.
The association minutes document that the last day of XX's employement would be Sept 23,2023.
Despite this, XX submitted an additional timesheet on Oct 10th, 2023. (our payroll is not behind by two weeks,for those of you who are going to ask)
resulting in approx $2791.6 being transferred out of the pxxxs operating accounts to his personal bank account.

I am requesting immediate removal of XX from the board officer position of treasurer. I am requesting immediate removal of XX and designation of a different board member to review and approve invoices and payments through strongroom. I'm requesting immediate demand for repayment.in the association records and any other legally suggested actions that are recommended .

I am attaching the board meeting minutes which show clearly that XX final day as an employee of the association would be Sep 23,2022.
I am attaching the signed timesheet that XX submitted to payroll processing .
I am attaching the financials from the month of sept and oct 2022 to that show line item payments made to XX.

Literally,, silence from the boare,, then emails start coming in,,"This demand to remove XX in my mind is uncalled for and absurd. Ihave faith and trust that if he was overpaid some how it was not intentional and he believed what he was doing was justified. "

Another board member, who assumed the role of president,(despite no valid meeting and notice of vote) responds, "laskas, that the board is not required to remove him. and I would not vote to remove him.
..

this is crazy

I'm sorry, I'm confused.

So this XX person was employed by your PMC(?) from Oct 2021 to Sept 22 2023? or 2022?

XX is now a Board member? When did they become a Board member?

When did XX submit a timesheet for Oct 10? Was it in 2022, 2023, or sometime in 2026?

I think most importantly: did XX do any actually work between his 'termination date' and Oct 10?

I'm not trying to be antagonistic; I'm just not clear what the story is here. Was XX being paid while he was a Board member?

I'm not an employment lawyer, but - if XX performed actual work past their 'final day' (especially if it was work that was requested of them) - I think he's owed the money. I think that if this is just coming up now because you were going through some old records and discovered this 'inconsistency' ... I'm not sure this is a hill worth dying for. I'm guessing that the meeting minutes were stating in advance that the last day of employment *will be* on Sep 22/23? Stuff can change, legit extra work can pile up. It's not difficult to envision someone saying "yeah, your last day is supposed to be the 23rd, but - we really need for you to finish up, so we'll accept a time card up until Oct 10" and XX does the work. Determining the facts around this 3 or 4 years after the face is going to be difficult, I think.

Again, I'm not trying to beat you up - but I'm not certain I'm getting a good picture of what happened.

Bill

and those timesheets were submitted to all of the board along with the minutes and the bank transfer.

Dean,

I would never make this kind of serious accusation without airtight independent verifiable proof.. we discovered it just recently because we were toying around with ai software that analyzes financial reports. He submitted the timesheet to the new manager who didn't have any reason to suspect anything. XX is not dumb. I appears what he did was... submbit for 10 vacation days.. However, our policy is clear and he has more than once made sure that when an employee left for whatever reason, the policy was strictly adhered to..

OUR CONDOMINIUMS have the follwing written policy for all employees.

D. Termination of Employment
1. Persons who voluntarily terminate employment or are terminated with the
Association are not eligible to receive any vacation allowance resulting from
continuous employment during the prior year of employment.

As a board member, he and all of us are held to a higher standard. It doesn't pass the smell test when he claims he was waiting for the charge to appear. He knows darn well how the process works, he was manager for two years. work performed by the association that is the owners responsiblity is billed back to the owner . It may take one billing cycle to show up. NOT anymore.. And this was 6 months later that I discovered it when reconciling invoices

So your compensation policy is the employee earns money to used for time not worked, but if he quits you don’t pay him the money he has earned.

seems to me the HOA needs to stop the practice of doing any work for owners and have owners find there own vendors to do their own work that they pay out of pocket for. of course maybe its' a condo and it's now allowed.

what ai software brought up this issue. I am also looking for better financial solutions for our self managed HOA.

i sent the information to the board and requested itbe added to the agenda. i didnt violate the bylaws
i actually. was very careful.. i asked the board to remove him as treasurer. but that would be a board ote

Again, Ellen, what lie did I tell the board.

Let me be clear. I wasn't bypassing any board meeting. I was notifying the board and requested it be added to the agenda.

the letter I wrote was attached to an email i sent to the manager requesting the issue be added to the agenda.

again, what did i Lie about?

There is a plausible explanation for this payment including the person requested paid time off before his last employment date, a denial of the request, the employee being told to submit a time sheet for the unpaid leave and the HOA would pay for leave regardless of what the HOA policy states.

Many if not most employers today credit accrued leave each pay period and pay the employee for this time at separation. It seems to mean if there is any dishonesty in this scenario, it’s an HOA with a policy to steal their employees at separation.

> i'm genuinely shocked how many people are trying to come up with plausible explanations.
>
> How about the obvious one. He took advantage of a lack of oversight in the process.

Hi Laska, I'm going to risk offending you by being completely honest with you. My intent is for this to help you to succeed overall. Please don't hate me too much.

In short: you're accusing this person of ripping off your condo, which is a pretty serious accusation. And ya know what? I believe you; if anything, my experience on an HOA Board opened my eyes to just how dishonest people can be. I believe it is true (but sad) that honest people have trouble believing that someone they know would steal.

Here's the thing: you're not presenting the situation very well. And Lord knows I understand just how difficult it can be to lay out the entire "charge" in a compelling, factual, error free and concise manner. But I believe that's really what you need concentrate on with this matter.

The "plausible explanations" that people are offering probably make you feel like you are swimming upstream, but they are, in their own way, helpful feedback: if the folks on HOATalk - who are, I believe, largely sympatico with you - are poking holes in the story, you can assume that those holes will be poked much bigger, harder, faster, and with more devastating effect by The Other Side. So it's a good thing to be aware of them, and to be prepared for them.

Moving on: it's been mentioned that this person may have been compensated because they left the job without using all of their vacation days. I'm not an employment lawyer, but my understanding is that in the state of Texas, employers are not legally bound to pay compensation for unused vacation unless they have a company policy that states such compensation will be made. From earlier material you provided, it seems like your condo has an explicit policy that they do not pay this compensation. However, it's not impossible that the Board (or someone on the Board) decided it wasn't "fair" to not pay for the vacation days, and said "just fill out the time card, we'll make sure it's handled fairly *nudge nudge wink wink*" or somesuch. Or the person just took advantage of the system and flat out stole the money. But how do you prove that?

Last: isn't this typically a criminal offense? Practically speaking, at some point maybe someone should offer this person the opportunity to pay back the money and resign and have the matter dropped?

Bill