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JudieA1 (Washington)
Posts: 28
Posted:
I'm the president of a 10 unit condo in Washington. I've only been here about 5 years, but have seen little interest in anyone being a board member. I've personally been the president for 3.5 years out of my 5 years of being here. I lost my job in March and would like to delegate a lot of my duties as I'm going to college next month. The vice president's husband is now our bookkeeper (our account is pretty simple and no need to pay an outside company). We used to have someone that owns a unit here, but doesn't live on the premises as our bookkeeper. This whole transaction of trading bookkeepers is happening right now. The bank wants me to be a signer for the checks but I don't want to. Can the vice president do this? Is it a conflict of interest since she's the wife of the bookkeeper (starting this month)? Our Declarations don't really address this. Before you say why don't I just resign, I already tried. No one wants this position. I can still do it and go to school (even tho it's been over 30 years!), but I want to delegate a few duties. I'd rather not have my name on the account to sign checks. Thanks for your help.

Judie
MicheleD (Kentucky)
Posts: 4,491
Posted:
Your documents don't say who is supposed to sign the checks.

The bank wants you on it.

You don't want to.

The VP would do it, but he's the bookkeeper's husband.

Right away I would rule that out. Not because I know either of them, but because it's not a good thing to put them both in the position where there can be even a perception of impropriety.

If there ever is a mistake, even accidental, it could ruin their lives.

It's unfortunate that you don't "want" to be on the account, but if you're going to remain as president and there is no other officer able to do it (don't you have a treasurer?), then it really is your obligation.

If you can't do it, then you really should step down.

Not trying to be mean, but you can't have your cake and eat it, too.

You either step up to the plate, or you pass the plate on to someone else.

If there is no one else, then there is no one else.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Judie,
I am afraid you created this monkey on your back. For 3 1/2 years you signed the checks with no authority..............is that right?
Now you don't want to do it anymore, so now you ask the question who has the authority to sign checks. I understand what you are saying an admire your efforts of going back to school. A honorable and wise choice. You reputation and input is now a matter of record. I doubt you can now drop the check book on someone else. You might look up some state statute that could apply or some non-profit law.
Baring that, call an emergency meeting of all members. Discuss where your association is going. No one comes or responds, inform the members that you will hire a lawyer at the expense of the association, price a lawyer, bill the owners equally and look in your documents about collection of special assessments.
Your fellow owners are in this up to their disinterested eyebrows, don't let them walk on you, someone will step up if it is going to cost them money.
JudieA1 (Washington)
Posts: 28
Posted:
Actually, I've never been on the books to sign checks. This is all new. Never having been a Board member anywhere before, I had to pretty much wing it, following the declarations, By-Laws and Cov., of course. But, experience seems to be the key. I have a lot more of it now. In the past, BMs didn't seem to always follow the CCRs and let one person get away with murder while making someone else tow the line. It's such an effort to make the board members do what they're supposed to that it's just easier to do it myself. The vice pres that we have now has been here since the building was built and is great. I don't know what I'd do without her on board. I'm sure I was supposed to be on the check signing, but wasn't. And since it didn't really say anything in our ancient CCRs, I didn't care until now. We're moving our books on-site and and need an extra signature. I guess I'll have to do it. It probably won't come up that often anyway. Just when the bookkeeper is on vacation. They always had a bookkeeper do the books/write the checks. The secretary pretty much just does the meeting notes. Not much going on with a 10 unit complex.

Thanks for everyone's input. I think what I'll do is try to get someone to "groom" for my position. I'll try to recruit someone to come on board to learn from the board members. We're FAR from perfect, and we're still learning too, but this seems like a good way to show somone the mistakes we have made and why the rules are so important to follow.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Judie,
We all understand and empathize with your frustration, and what a difficult position you are in. But the advice here seems to be this is not(at least not as acute) a collective cover your butts, as much as a singular cover your butt issue. I really think you need to get your position made known to all the owners, go on record and keep records that state clearly, "here we are folks, this is it, it is what it is, I don't want to stick my neck in the fire for you all anymore. My records are open and those records belong to you all, they are not mine, and unless you vote me 100% percent authority to try and straighten this mess out, I am ready to turn this over to an attorney.

I would put this on the notice you can call of a Special Owners meeting. You make reference to a Board. They are not a Board, they are standing behind you pushing you into the line of fire. All ten members have the same responsibility, they all should know their documents, they signed up for this tour of duty, suck it up and get the job done. In the end, you all will be a better place.....that's for sure.

I am lucky, I can sit back here and make pronouncements and act like the president of the world, but I am not trying to help them, they didn't ask for help.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Judie,

Have you taken a close look at your bylaws under the article entitled "Officers, Duties"? Normally the Treasurer shall have the resp. of signing all checks. Frankly, I don't know why the bank is even naming a preference. But even so, this is a matter for the BOD to decide not the bank! The Treas and the Pres should be signatories on all assn. accounts meaning both would have authority to sign checks. However, the Pres need only sign the checks if the Treas is not available. It's not a good idea to only have one name and I don't believe the PM's name should be on the accounts.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The bank will require at least 2 signatures. We had to show the minutes of the meeting where the officers were elected. There is nothing that says there can't be MORE than two authorized signers, unless it's limited in the bylaws.

The idea is that if the treasurer is not available, then there will be others who can at least pay the bills. you probably will never be asked, but someone must be on the signature card with the treasurer.

P.S. are you saying that the VP and the Treasurer are related? how did that happen?

MicheleD (Kentucky)
Posts: 4,491
Posted:
The VP and the bookkeeper are husband and wife.

But even though a bank may "require" 2 signatures and meeting minutes to set the account up or make changes to it, they don't kick checks back if there are not 2 signatures.

I know this from experience with at least 4 different banks in our area.

In fact, they all told us they don't look at signatures at all. It's only an issue when and if someone questions a check after the fact.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Michele.

You are right on the money! The banks in my area operate the same way and they don't care whether the HOA requires 2 sigs or not. Which makes me believe they don't require 2 signatures, but perhaps 2 signatories (persons authorized to sign checks). That means they want the names of at least 2 persons on the account; it doesn't mean they want 2 signatures on each check.
EllenS1 (Florida)
Posts: 1,148
Posted:
Robert,

I agree with you..apathy abounds UNTIL it hits them in the pocketbook. This year we found nobody in our 101 townhome association who wanted to be on the board. We explained if there is no board we would have to hire a receiver with huge costs. Guess what? We now have 5 board members.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ellen,
Interesting observation Ellen, thanks for the post.
So you got 5% active (so far) members. If every one of them would bring two people they would have enough to recall themselves. I think ours is 15% to call a special meeting. How about that?

I am the ever opomist and I bet you get at least two good ones. This stuff has got a way of getting under your skin, I sometimes thing the interest it pure intellectual and allows you to fight with someone besides your spouse. Seriously, I think it is a large step in the right direction, and there are a few associations that the members would go to jail before getting involved, I mean all of them.
But we have watched some associations come alive also, I suspect with you there, yours will also.

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