44°F
weather icon Cloudy

HOA president, treasurer need to review expenses

Q: We had a community manager who was embezzling from the homeowners association with the HOA debit card she was issued. She “lost” many of the receipts and whited-out descriptions of the personal items she purchased for herself (cigarettes, toothpaste, cash-back purchases and ATM withdrawals without accounting where the money went, etc.). Obviously nobody representing the HOA was checking these receipts for 16 months. It was widely considered a failure by our treasurer and president for not checking her purchase receipts.

Who should be verifying the receipts of purchases? Should the president and or treasurer be involved?

Our president was asked recently by a board member if he or the treasurer was auditing the purchases by the manager, and he replied that it wasn’t their job. He said the auditor checked those things. However, an auditor only checks the numbers to see if they are all correct and the purchases were properly logged into the proper expense listings on the financials.

I know you are an HOA manager and I was wondering if anyone from the HOA is verifying the receipts of the purchases you make, and if you think it is the job of the treasurer and president to verify such purchases before they vote to accept the financials from the management company?

Also, our president is running his own show here making many decisions this board member thinks should be put before the full board. For instance, He unilaterally made the decision that our social events chairman could not make purchases for events on her personal credit card and get reimbursed by the HOA. This, plus some other contentious issues resulted in all five committee members resigning.

In the recent case where I sued the HOA for removing me from the board illegally, the president kept this board member completely in the dark as to what was going on, and unilaterally made the decision to forego pursuing me for the legal costs when I lost the case.

In your opinion, is he not required to take these issues before the full board for these important decisions?

A: The signers on the association’s checking accounts should review all expenses before approving them for payment. In the case of credit or debit cards, there should be a receipt to support the charge against the association’s account. It is fairly a standard policy that management companies’ accounting departments would require appropriate receipts in reconciling the charge card statement.

The first sign of trouble would be the missing receipts. The president and/or the treasurer had the responsibility to question the manager. The second sign of trouble would be the withdrawal of cash from the ATM machines.

The whole purpose of having a charge or debit card is to avoid paying expenses with cash. In addition, the management company should have raised a red flag with the board. This kind of oversight would have caught the embezzlement sooner.

The president should not be making unilateral decisions. The board needs to become involved and take action at either their executive meetings or board meetings.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

THE LATEST
Federal ruling temporarily blocks Corporate Transparency Act

Community Associations Institute applauds the Dec. 3 decision by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop, Inc., et al. v. Garland, et al. to issue a preliminary nationwide injunction against the Corporate Transparency Act.

Disabled vet’s wife upset about flags improperly displayed

You may want to contact one of the local branch offices of the United States Armed Forces for assistance. Perhaps you could obtain a formal letter from them concerning the flying of the United States flag.

Here is what the law says about service animals

Your board can contact the local Department of Housing and Urban Development office to discuss the specifics of your association, such as these dogs who may possess a possible threat to another individual.

Pahrump community has questions about new development

Under Nevada Revised Statutes 116.3108 (2), an association shall hold a special meeting of the unit owners to address any matter affecting the community if at least 10 percent or any lower percentage specified in the bylaws of the total number of votes in the association request that the secretary call such a meeting.

HOA assessments keep increasing

You would need to review the governing documents of the association as to the percent increase the board can assess, with or without homeowner approval.

Legal action continues over Corporate Transparency Act’s reach

Thomas M. Skiba, CAE, is the CEO for Community Associations Institute. In today’s column he gives a very important update regarding Community Associations Institute v. U.S. Department of Treasury. This challenges the Corporate Transparency Act and its applicability to community associations nationwide.

Trash days always seem to be windy days

You could write a personal letter to each board member asking them to address the trash issue by proposing a regulation that all trash must be in containers or in proper trash bags.

HOA board cannot arbitrary enforce violations

Under subsection 4 of this law, the board’s decision to enforce one set of circumstances does not prevent the board from taking enforcement action under another set of circumstances but the board may not be arbitrary or capricious in taking enforcement action.

HOA board members must disclose conflict of interest

Under the law, each HOA board candidate must make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or appeal to a reasonable person to result in potential conflict of interest in serving on the board.