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RuthF1 (Washington)
Posts: 117
Posted:
We had something come up at our meeting last night that I need some input on.

The PM said we don't have the money to pay for the pressure washing of our buildings that was just completed at a cost of $19,000 (I have been asking all along if it was budgeted for or if it could be delayed if the money wasn't there).

She said she could pull the money out of the Reserve because we can call it "prep for painting" which we were scheduled to do this year but now don't have the money. Her idea is to take the $19,000 from reserve and then have the maintence person "touch up" the buildings instead of doing a complete paint job.

Is this something I should question or is it SOP?

r
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By RuthF1 on 05/08/2009 12:04 PM
We had something come up at our meeting last night that I need some input on.

The PM said we don't have the money to pay for the pressure washing of our buildings that was just completed at a cost of $19,000 (I have been asking all along if it was budgeted for or if it could be delayed if the money wasn't there).

She said she could pull the money out of the Reserve because we can call it "prep for painting" which we were scheduled to do this year but now don't have the money. Her idea is to take the $19,000 from reserve and then have the maintence person "touch up" the buildings instead of doing a complete paint job.

Is this something I should question or is it SOP?

Is it normal to order pressure washing for $19,000 and then realize you dont have the money? Um, no.

Is it normal to use reserve funds for a major project like pressure washing? Yes.

If you are on the BOD or an officer, you need to take a close look at the book to see whats going on. Dues not being paid? Expenses too high? Dues too low? Etc. It is your job to manage the PM. Dont just let the PM do what ever they want and think that its normal.
RuthF1 (Washington)
Posts: 117
Posted:
Thanks Steve. If you read some of my other posts I am a new BOD who is trying to get control back from the PM. It isn't going to be easy or fast but I won a small victory last night when the PM lost it with an owner. The other BODs who thought this PM could do no wrong all of a sudden had their eyes open.

I hope to have a complete look at the books soon. This is like pulling teeth but I have already be hobbled by one of the BODs who motioned to have himself made President because he convinced everyone my sole purpose to be on the board was to get rid of the PM. It wasn't then.... but it is now

r
SusanW1 (Michigan)
Posts: 5,202
Posted:
Ruth - HOW was any project done without there being money for it? Was this job authorized?

You need to track down this particular job and see what the procedure was for performing a large expenditure project without the funding behind it.

Have you seen the annual budget? Is this particular job earmarked as an annual expenditure this year? If not, WHERE did the board think it was going get the funds?

Doesn't your board approve expenditures over a certain amount BEFORE they are done?

I'm confused as to how a PM can announce there is no money for a completed job.
RuthF1 (Washington)
Posts: 117
Posted:
Tell me about it. There are two large projects that she is now telling us we don't have the money for. Both of them I asked if they were budgeted for. Every time I ask if there have been bids or if it is something we can wait on the PM dismisses me.

I am slowly asking for all contracts. I found out we haven't signed a new contract with our landscaper since 2003. The orignial amount was for $12,000 a year and has gone over $20,000.

When I started asking questions I was left out of the loop on all the conversations between the PM and the new president. He is making decisions on his own without the other board members. The PM knows he can be manipulated and won't ask questions so she goes through him.

Like I said the PM showed her true colors last night and I am right now trying to stop the home owners from recalling the entire board (except me ) as I think we can fix it if we just educate the board. I just hope it can be done before we are totally broke.

It isn't comforting to say I told you so. But two of the board members that voted to have me removed as president brought me flowers today and a huge apology.

I have to thank Mary and Grace for telling me to stay calm. By me keeping my mouth shut when the PM went off telling me I was ruining the board and that everything was fine before I was here made me look professional and level headed.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Ruth - numbers don't lie. These expenditures are either in the annual budget or not OR there must have been some arrangment for their payment. Ye gads!!

THAT is your job to find out.

Reign in this PM who is spending money and then asking for it from the board.

Establish a Finance Committee, by motion and vote, and get to the bottom of this. Get some general members to sit on this committee. You will need fresh eyes to look at the numbers.

Good luck.

RuthF1 (Washington)
Posts: 117
Posted:
I understand what my job is. The other BODs are the ones I am trying to educate. I saw the Pres. and Tresure sign the OK to take money from the reserves. I ain't signing nothing (grin).

We will get a handle on it. I have already had 2 of the BODs call and ask what we can do to get back on track of where I was headed in February before I was removed as pres.

r
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ruth,

The fact that this job was done w/o the necessary funds available in the operating fund is a moot point. The work's been done and the bill must be paid. Pressure washing is a "prep for painting" so I can see no reason why reserve funds cannot be used especially if this painting project is a reserve item.

I'm thinking perhaps this incident will be another nail in the PM's coffin! I think the tactics you've used in handling this whole situation with the board is beginning to pay off. So, Ruth, just sit back and let the chips fall where they may. :-)
SusanW1 (Michigan)
Posts: 5,202
Posted:
The PM will make the same argument she used to convince the president and treasurer that the monies in the Reserve Fund can be used for this purpose. She simply manipulated the definition to suit the need.

Again, a Finance Committee with an eye on the Reserve Fund AND the annual budget would have had some fresh eyes on the entire procedure.

This is another example of a "closed" board, i.e. one that does not get input from the members and does not use outside people on committees to help out with the huge task of overseeing an HOA of this size.
EllenS1 (Florida)
Posts: 1,148
Posted:
Ruth,

The PM "dismisses you"? I would first look at the contract with the PM since it appears they have breached their contract with the association. The PM should act at the direction of the board vote and not take orders from the president. Something of interest to your owners may be to learn that here in Florida we have a management company that is currently being investigated from stealing HUGE amounts from various associations. That is what happens when owner and board members don't keep tabs on their finances. Good luck and keep up the good work. I'd look at old minutes to see who approved these things.
RuthF1 (Washington)
Posts: 117
Posted:
And again Mary, thank you thank you thank you. If I hadn't found all of you I would have gone off half cocked and probably ruined any chance of changing things....

I will keep you posted. Things are already looking up.
KirkW1 (Texas)
Posts: 1,665
Posted:
Ruth,

Ignore any comments telling what your job is and the like. It seems clear that you are trying to do your job.

As for the use of reserve money, the intent of the reserve is to pay for things like painting that need to be done from time to time. The basic idea is that you know that you will face the expense down the road so you put aside money today. for one year of use, you put aside one year of money. Of course some years cost more then others. You don't replace the roof every year. So instead you place enough aside each year so you have the money (in the reserves) to replace the roof when needed.

I would certainly apply the same concept to painting. Since the paint should last five or more years, then it should be in the reserve. (Along with the cost to power wash in prepping for said paint.)

But you should have a reserve study. The study will list out major expenditures that you will face as time goes by. It will estimate the schedule and how much. Then give you an idea how much needs to go in the reserve fund each year. Covered items get paid from the reserves.
DavidH16 (Florida)
Posts: 7
Posted:
First and foremost you must check your CCRs and see if it reads as many ,if not all, read.

If it says that you must use all reserves for the purpose for which the reserve was intended and NOT for any other project the PM has aa problem with reading or proper interpretation.

Most CCrs and by-laws all read the same in this regard.
BonnieE (Illinois)
Posts: 338
Posted:
Hi Ruth,

I agree with others in the advice they have offered.

I recommend no to using reserve funds to cover the pressure washing cost (unless there is absolutely no other $$ available – please see below). Can $$ from other planned projects be used to cover this (and post pone the planned project until next year)? As suggested, you need to go over your financials to see where your association stands.

As noted, this should not have been contracted without having been included in the budget. Sounds to me (IMO) that the PM (& Board Pres.?) made a mistake (contracted to do pressure washing without funds planned for it) and now the PM is trying to cover it up.

BTW, any pressure washing we do (either prior to painting, or prior to sealing the wood decks or driveways/parking areas) is done and included as part of the contract for either the painting or sealing. It is done just prior to the painting or sealing as prep of the surfaces. If you are not painting this year, it will likely need to be done (again) when you do paint.

Also, perhaps we are different in this from many of you, (it is standard practice per our management company), painting (and deck sealing and driveway sealing) are considered regular maintenance items and have line items in our operating budget (although we do place $$ into those accounts every year – although I believe our current board stopped doing this recently to cut back on the assessments – but that is another “story” for another time). These expenses are not part of the Reserve Study and Reserve budget/account. We include long term expenses only in our Reserve.

Now I do have an exception – many years ago we had an unplanned for expense and did use reserve fund $$ to pay for it (we also cut other expenses as best we could, but still needed additional $$). But, for the next year budget we included an increase (just for that year) into the reserve account to “pay back” what we had “borrowed”. We explained this to the HOs when we sent the proposed budget for review. I do not recommend this as a SOP as proper budget planning should be employed. This was our wakeup call.

You are taking the right approach and I wish you success,
Bonnie
RuthF1 (Washington)
Posts: 117
Posted:
Bonnie this makes so much sense. I have been trying to get a line item budget from the PM but she keeps giving me the Quickbooks P&L that lumps most things together. I am not an accountant but I did sent it over to a friend of mine who says we really need an accountant to look at our books as she feels we have some issues.

I don't ever remember a budget being sent to the owners for review. I love that idea and am going to make sure it gets done this year.

You all are giving me some great questions to ask the PM.

Thanks
r
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By DavidH16 on 05/08/2009 6:57 PM
First and foremost you must check your CCRs and see if it reads as many ,if not all, read.

If it says that you must use all reserves for the purpose for which the reserve was intended and NOT for any other project the PM has aa problem with reading or proper interpretation.

Most CCrs and by-laws all read the same in this regard.

David,

FYI. . .

There is no mention of reserves in my gov docs nor is there a state statute addressing this for planned communities. The condo statutes, under "powers of the BOD" states: "Subject to the provisions of the declaration, the assn may adopt and amend budgets for revenues, expenditures and reserves. . .". That is the only mention of reserves in all the statutes. Bottom line is that not all assn gov docs or state laws address reserves. The individual BOD is left to handle reserve funding as they see fit!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ruth,

The P&L should have listed all the line items in the budget and also show the budgeted amount and the variance for each line item. If your P&L doesn't have this info I would suggest to the board that the PM start providing a P&L that does. Our PM also provides an additional statement of "Income/Expense Variance Analysis of Operating Budget" which shows each line item account, the actual income/expense to date, the budgeted amount, the difference, difference % and the variance (whether unfavorable income/expense or favorable income/expense). Our PM is very thorough -- the financials report everything every month, no stone is left unturned!

Now I know you need to go slow with this, so this is just food for thought.
:-)

As for the members being required to approve or ratify the budget, I really have mixed emotions on this. I think this requirement would best be determined based upon the size of the assn. I know in my assn of 1,702 members, 99% of which never get involved in anything, it would be a real hassle. In fact I really feel the majority of the members could care less and also have no idea about the finances of the assn. Our finances are rather complicated and requiring members to approve or ratify the budget, knowing nothing about the finances, would be ridiculous. Rather than requiring the members to ratify or approve the budget, the board should be required to provide a copy of the budget to all members. The members of my assn receive a copy of the budget along with the annual meetng packet.

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