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StephenP5 (Maryland)
Posts: 3
Posted:
I was on the our HOA board and volunteered for the budget committee. We located well over $350,000 of errors in the $897,000 HOA reserve. Records show this has been going on for three years. Even through I have a witness when finding these mistakes the BOD and Property Manager wanted to hide them from the owners. At the annual meeting they denied they were aware of any mistakes and this was the first they heard about it. This was an outright lie to the owners. Some of this is documented via email and the corrections made on the final reserve. In the process we were repeatedly denied all financial records. The HOA Board pushed the budget thru even known there were more errors to deal with. Does anyone know if legal action should/can be taken?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Stephen,

What is the nature of the error? Are funds missing? Is this just a computation error? Whether or not any legal action can be taken would depend upon the nature of the error.

Frankly, I don't know how an "error" of that magnitude could be made and not be detected and continue to be covered up for 3 years. How could the books be in balance?

I think we need a lot more info!
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Really depends on the errors.

Before you seek legal action, you need to do your own homework on each error and determine if its poor management, poor bookkeeping, crappy bid process, etc, or embezzlement.

Its its anything other than embezzlement or an actual crime, you don't have much of a case for any legal action. Its not illegal to run a HOA poorly. People screw up.
FrankN (Texas)
Posts: 15
Posted:
Stephen,

Doesn’t your HOA require an annual audit or at least a review of your financials, if so was it a clean opinion?

As the prior posts have noted just stating you found “errors” doesn’t give us any idea as to the problems, if any.
StephenP5 (Maryland)
Posts: 3
Posted:
Hi All -

Thanks for your input. I am the editor and moderator of www.CondoAssociation.com.

Join the conversation by visiting this permalink:
http://www.condoassociation.com/blog/tabid/19257/bid/12606/Board-and-property-manager-hiding-350K-mistake-in-HOA-reserves.aspx

Thanks,

Stephen Polinsky
CondoAssociation.com
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
The printouts from the check registers don't match the bank statements. I loaded it all their check register printouts onto Quicken and then printed a register. There were a number of checks identified as Void on their register that I found deposited into the Capital Reserve Account - but by writing Void on their register it gaves a false bottom line to the owners.


The money is still there, in the reserve account, doesn't matter what the (manually maintained) register says. So it isn't missing anything. Treasurer is incompetent, which isn't out of the ordinary for an dysfunctional HOA.

Quote:
Every couple of months the Board assures everyone we are within our budget to date. But last year they stole from Peter to pay Paul. .


"to date" is the key word. If they are figuring annually, this would be correct. If they are over budget for the year, this story will change as the end of the year gets closer. OR maybe they did budget for expenses beyond what they take in this year, and planned on using funds from the reserve. Nothing wrong with that, bills need to be paid. Do you have any idea what the budget looks like?

Quote:

They spent about 10,000 on lawyers last year - I think to see if they needed to do the repairs as required by our ByLaws.


HOA's are spending too much money on lawyers. Yes, this is true.

Quote:
The real issue is noone cares..


You care. Question is what are you going to do about it? If you want to change things you need to get involved as an officer or director. If not, your stuck with their decisions.

Quote:
It's outrageous that Boards have so much power. Wish I knew how to propose legislation to protect owners.


You are protected, you can vote. Vote them out if they are doing a bad job.

As for power.... someone needs to pay the bills, deal with legal issues, maintenance, finances, etc. If not your BOD or officers... who would do this for you? No one.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By StephenP5
Thanks for your input. I am the editor and moderator of www.CondoAssociation.com.

Join the conversation by visiting this permalink:
http://www.condoassociation.com/blog/tabid/19257/bid/12606/Board-and-property-manager-hiding-350K-mistake-in-HOA-reserves.aspx

LOL. Someone posted a link back to this topic on hoatalk.com on Steve's website and Steve DELETED it. Guess its ok for him to post spam here, but its not ok for anyone to post spam on his web site.

Steve, your a dork.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By SteveM9 on 05/11/2010 12:28 PM
Posted By StephenP5
Thanks for your input. I am the editor and moderator of www.CondoAssociation.com.

Join the conversation by visiting this permalink:
http://www.condoassociation.com/blog/tabid/19257/bid/12606/Board-and-property-manager-hiding-350K-mistake-in-HOA-reserves.aspx


LOL. Someone posted a link back to this topic on hoatalk.com on Steve's website and Steve DELETED it. Guess its ok for him to post spam here, but its not ok for anyone to post spam on his web site.

Steve, your a dork.

SteveM, I take exception to your post; the correct spelling would be: Steve, you're a dork.

Studies show that 5 out of 4 people have problems with fractions
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By GlenL on 05/11/2010 2:35 PM

SteveM, I take exception to your post; the correct spelling would be: Steve, you're a dork.

Actually, I think the correct phrase would be Stephen, you're a dork. =]

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