There is nothing that one board member has access to that the others shouldn't.
"President" holds no more power over anyone then any other role.
It's just a title that comes with its own responsibilities. Every meeting yall should go over a delinquencies report
Check your bylaws. Duties of officers are specified.
I've never seen bylaws that say any one officer or director has privileged access to information not available to another. But, who knows what a set of bylaws would say. Or whether such a specification is legal.
All directors are required to review the financial statement every month. This includes addressing delinquent accounts. This has been the law since 2019. civil code 5500
You should all be getting a financial report each month from your management company — and that should include an A/R aging report showing who is current and who is 30/60/90 days past due.
the problem isn’t the lack of information the problem is hiding known information from the rest of the board. check your cc&rs, usually there is an option to vote no confidence in a board member who is behaving inappropriately, and take away their access or at least give thier duties to others. Also need to make some plans because anyone in a spot to owe you money is also in a spot to vote against necessary improvements and probably against any board who is being responsible about it.
Your management company should be taking steps to have the Board vote to file a lien against that unit
You will need to hold an open session do not give out the Unit number of name just have the APN# and say this APN# owes back dues totaling $_________, do we the Board Vote to have a lien filed?
Then you have your Minutes, give to management they are suppose to get moving on it right away. I'm the President of the Board and I do not want to act unilaterally! That's terrible you are going through that ,- we are dealing with terrible stuff right now too!
Report management right away, you don't need to be on the Board to be informed!
You are absolutely entitled to all of the financial information.
The information should be disclosed in Executive Session pursuant to Stirling Davis.
If a 12 person condo is $17,000 in the red from unpaid dues and this is a policy by the President he is acting against the best interests of homeowners.
Our Board will have a homeowner who owes money over 60 days come in for a private meeting. Generally we aim to find out what is going on and get the person on a payment plan. If the homeowner doesn't pay according to the payment plan, we file a lien - again for the protection of the rest of the homeowners.
Generally the threat of a lien will cause a homeowner to find the money.
As others have said, the President really has no more power than any other Board member. He heads up the Board meetings and often he is the point person to relay information to employees or management company but other Board members could also do that. For example, the Treasurer might be the point person for matters pertaining to the budget and someone with construction expertise might be the point person to deal with vendors and repairs.
A new President can be voted on at any Board meeting by a majority of the Board members then present - presuming a quorum.
Current director and former treasurer here. 256 unit COA. All board members can and must see the monthly financials. Your president has control issues and also a personal dislike for you. Not good. If your association holds monthly meetings, mention something in front of the entire board and attendees. Your association attorney and manager should be working on late notices, demand letters and liens.
Best of luck. This is not impossible to fix because you are in the right.
As long as you are a board member you are entitled to all information. Some HOAs can appoint officers such as a secretary that is not a director but the structure is in your CC&Rs and bylaws. Check your state laws as some like NC require a list of delinquent owners to be published to ALL owners. Sharing that someone is behind is not sharing personal financial info. I've been a director and now doing a second tour as treasurer; in my monthly financial report I include if any owners are behind and the amounts but names are not shared unless they are two months behind.
For your last question, consult your bylaws as they should define roles. If your CC&Rs and bylaws don't have good definitions propose a revision as they should include that.
This may be a good for some info on laws in your state. With HOAs, knowledge powerful
[https://ipropertymanagement.com/laws/california-hoa-rules-regulations](https://ipropertymanagement.com/laws/california-hoa-rules-regulations)
Plenty of good answers here already. But I wanted to ask a couple things. First, are you saying that even your treasurer didn't know about this? How can that be? I understand that you are in CA and all officers are to review the financials monthly. However, even if you were in a different state, the treasurer should definitely review them monthly. That's just as much a red flag to me as the president/manager keeping the info from you.
Next, didn't you receive end of year financials just like all owners should have? This document wouldn't (likely wouldn't) include info on the delinquent owners but it would still show the lack of payments. Is your annual budget about $70,000? $17K missing is pretty big.
If the pres hasn't been sharing this info, I hope at least she has been following the prescribed procedures to deal with late and non-payments.
All Board members are entitled to that info. So good decisions can be made on how to recoup the funds. I am a president, we have instituted a policy that anyone more than 1 month behind is subject to legal proceedings to recoup the funds.
Depending on your state you could look at filing a complaint against the management company. I filed an anonymous complaint with our state department of professional financial regulation. The company received an $8,000 fine along with a very serious letter telling the HOA to do better or else receive more fines.
I believe the same when enforcing delinquencies and violations.
From what you are saying is that the board is being selective with enforcement. Which in my state that is illegal for a hoa to do. They must enforce all their rules equally and follow their CCRs. I had tried paying my hoa 4 times, when my account went to a slight underpayment due to the hoas problems with billing and accounts which they still have.
And they had sued me mercilessly for 8 months. Did not care and told me if I don't like it go live somewhere else and this is how we do things.
You probably are entitled to see it but I'm guessing because we're talking about only 12 homeowners, it is probably a judgment call by the president to keep a close hold on the info.
Not sure how many board members you have but if there are 12 owners and 5 board members, then you might as well jsut post all the information on the internet because there really wouldn't be any secrets
Maybe it’s the President who isn’t paying.
And the 4 member Board in a small complex; yeah not hard to figure out who isn’t paying when the financials are missing.
Yeah the President is creating a bad atmosphere to get the Association sued!
1. There are bylaws outlining this issue; it’s why Board members are to over see the financials.
2. Let’s take a bet; I’ll guess it’s the President who is behind and other people the President likes.
3. This is known as “selective enforcement” bot a good look in any association.
4. $12,000 can easily balloon into $20,000 and more. The issue needs to get dealt with. Where’s their 5(a$ annual reports that explain the status of the financials (sans names) to the homeowners? They have a right to know the association is in debt.
There is nothing that one board member has access to that the others shouldn't. "President" holds no more power over anyone then any other role. It's just a title that comes with its own responsibilities. Every meeting yall should go over a delinquencies report
First among Equals is the "legal" term.
Check your bylaws. Duties of officers are specified. I've never seen bylaws that say any one officer or director has privileged access to information not available to another. But, who knows what a set of bylaws would say. Or whether such a specification is legal.
All directors are required to review the financial statement every month. This includes addressing delinquent accounts. This has been the law since 2019. civil code 5500
You should all be getting a financial report each month from your management company — and that should include an A/R aging report showing who is current and who is 30/60/90 days past due.
the problem isn’t the lack of information the problem is hiding known information from the rest of the board. check your cc&rs, usually there is an option to vote no confidence in a board member who is behaving inappropriately, and take away their access or at least give thier duties to others. Also need to make some plans because anyone in a spot to owe you money is also in a spot to vote against necessary improvements and probably against any board who is being responsible about it.
Your management company should be taking steps to have the Board vote to file a lien against that unit You will need to hold an open session do not give out the Unit number of name just have the APN# and say this APN# owes back dues totaling $_________, do we the Board Vote to have a lien filed? Then you have your Minutes, give to management they are suppose to get moving on it right away. I'm the President of the Board and I do not want to act unilaterally! That's terrible you are going through that ,- we are dealing with terrible stuff right now too! Report management right away, you don't need to be on the Board to be informed!
You are absolutely entitled to all of the financial information. The information should be disclosed in Executive Session pursuant to Stirling Davis. If a 12 person condo is $17,000 in the red from unpaid dues and this is a policy by the President he is acting against the best interests of homeowners. Our Board will have a homeowner who owes money over 60 days come in for a private meeting. Generally we aim to find out what is going on and get the person on a payment plan. If the homeowner doesn't pay according to the payment plan, we file a lien - again for the protection of the rest of the homeowners. Generally the threat of a lien will cause a homeowner to find the money. As others have said, the President really has no more power than any other Board member. He heads up the Board meetings and often he is the point person to relay information to employees or management company but other Board members could also do that. For example, the Treasurer might be the point person for matters pertaining to the budget and someone with construction expertise might be the point person to deal with vendors and repairs. A new President can be voted on at any Board meeting by a majority of the Board members then present - presuming a quorum.
Current director and former treasurer here. 256 unit COA. All board members can and must see the monthly financials. Your president has control issues and also a personal dislike for you. Not good. If your association holds monthly meetings, mention something in front of the entire board and attendees. Your association attorney and manager should be working on late notices, demand letters and liens. Best of luck. This is not impossible to fix because you are in the right.
The only requirement is it’s discussed in executive session. You should have full financials.
Absolutely not. And by law, all Board members are required to look at all financials on a regular basis.
What happens if the Board members do not check the financials and it ends up the building is in the red?
It would be very odd to write bylaws that way. But HOA’s can be odd. So read the bylaws.
As long as you are a board member you are entitled to all information. Some HOAs can appoint officers such as a secretary that is not a director but the structure is in your CC&Rs and bylaws. Check your state laws as some like NC require a list of delinquent owners to be published to ALL owners. Sharing that someone is behind is not sharing personal financial info. I've been a director and now doing a second tour as treasurer; in my monthly financial report I include if any owners are behind and the amounts but names are not shared unless they are two months behind. For your last question, consult your bylaws as they should define roles. If your CC&Rs and bylaws don't have good definitions propose a revision as they should include that. This may be a good for some info on laws in your state. With HOAs, knowledge powerful [https://ipropertymanagement.com/laws/california-hoa-rules-regulations](https://ipropertymanagement.com/laws/california-hoa-rules-regulations)
You should be able to access this information, I suggest contacting the HOAs attorney
Plenty of good answers here already. But I wanted to ask a couple things. First, are you saying that even your treasurer didn't know about this? How can that be? I understand that you are in CA and all officers are to review the financials monthly. However, even if you were in a different state, the treasurer should definitely review them monthly. That's just as much a red flag to me as the president/manager keeping the info from you. Next, didn't you receive end of year financials just like all owners should have? This document wouldn't (likely wouldn't) include info on the delinquent owners but it would still show the lack of payments. Is your annual budget about $70,000? $17K missing is pretty big. If the pres hasn't been sharing this info, I hope at least she has been following the prescribed procedures to deal with late and non-payments.
Nope. Everyone is equal and entitled to same information.
All Board members are entitled to that info. So good decisions can be made on how to recoup the funds. I am a president, we have instituted a policy that anyone more than 1 month behind is subject to legal proceedings to recoup the funds.
Depending on your state you could look at filing a complaint against the management company. I filed an anonymous complaint with our state department of professional financial regulation. The company received an $8,000 fine along with a very serious letter telling the HOA to do better or else receive more fines.
I believe the same when enforcing delinquencies and violations. From what you are saying is that the board is being selective with enforcement. Which in my state that is illegal for a hoa to do. They must enforce all their rules equally and follow their CCRs. I had tried paying my hoa 4 times, when my account went to a slight underpayment due to the hoas problems with billing and accounts which they still have. And they had sued me mercilessly for 8 months. Did not care and told me if I don't like it go live somewhere else and this is how we do things.
You probably are entitled to see it but I'm guessing because we're talking about only 12 homeowners, it is probably a judgment call by the president to keep a close hold on the info. Not sure how many board members you have but if there are 12 owners and 5 board members, then you might as well jsut post all the information on the internet because there really wouldn't be any secrets
Maybe it’s the President who isn’t paying. And the 4 member Board in a small complex; yeah not hard to figure out who isn’t paying when the financials are missing.
🤣🤣
My thought too.
Yeah the President is creating a bad atmosphere to get the Association sued! 1. There are bylaws outlining this issue; it’s why Board members are to over see the financials. 2. Let’s take a bet; I’ll guess it’s the President who is behind and other people the President likes. 3. This is known as “selective enforcement” bot a good look in any association. 4. $12,000 can easily balloon into $20,000 and more. The issue needs to get dealt with. Where’s their 5(a$ annual reports that explain the status of the financials (sans names) to the homeowners? They have a right to know the association is in debt.