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Could condo association board, manager be involved in financial fraud?

  
  
  
  
  

I am in Florida. One of our long-time unit owners applied for the job as building manager and got the job about 8 years ago. He is paid a salary and makes decisions in conjunction with the condo association board. I am trying to find out if there has or is some type of conflict of interest.

We were sued by the building across the street for a parking situation 2 years ago. We were told that we lost the law suit and would have to pay $95,000 from our account. While discussing this with someone just in passing the other day, I was told by someone in the other building that the law suit was dismissed and that each building would only have to cover their own legal fees. I searched online and did indeed find a document from the county court that indicated exactly what I was told, the case was dismissed. Upon further searching I have discovered that this unit owner who is also the building manager is a notary and his signature and seal appear on the documents. Of course now there is $95,000 missing from the account. Isn't this a conflict of interest to have another unit owner as manager (he is in his 50's and quit his previous job, and is being paid a handsome salary)as well as having his notary seal and signature on documents? I am also wondering how to go about approaching this $95,000 situation. Of course anyone can get on a computer and fudge figures, which is what has apparently happened.

Comments

Wow - this sounds serious. Do you have a way to review the financials within your association? Are there regular, open meetings, and do you attend?  
 
This is a perfect example of a good reason for association homeowners or condo unit owners to get actively involved in their board, and be present regularly and involved as association members. Every association should have regular meetings, with financials reviewed at each meeting. All meetings should be open, and there should be a regular way to communicate with all members of your association -- even if it is just an online distribution group by email. I hope you find that this is just a misunderstanding. Good luck!
Posted @ Friday, November 26, 2010 2:27 PM by Marcia Jensen
I certainly believe fraud does take place as it has been done at our condos. Our HOA with the PM actually forced 4 condo owners to replace perfectly wonderful upscale items with the cheapest ones on the market and had an uninsured contractor do the job. The association wouldn't hear of not doing this job and it was as if they were going to win a contest if they got it done. I believe they have extorted way over $100,000 if not more and the items replaced are defective and they ruined condo owners furniture and won't even put in a claim. These people call themselves professionals as one is a pharamist, one runs a bank and one runs a nursing home and they extorted money form their neighbors and since it only happened to 4 people with one being a friend and two senior citizens who are not capable of complaining, I am the only one complaining. There were many repairs done and the Association pays for the repairs that the uninsured contractor caused. This is all find and dandy because at least 2 possibly 3 condo owners and the PM are in on this. It is difficult for other condo owners to get involved when they believe they weren't hurt but reality they were because someone is going to have to replace the defective items that they used to replace the perfect ones they took out.  
 
I believe corruption has taken place and maybe you should call the police. 
 
Posted @ Friday, November 26, 2010 2:45 PM by Chilly
I saw an ad by which the FBI likes to take care of this kind of problems between the Board Association, Management and owners. You have to only call the FBI from your city. I saw this add at the American Condominium Resources. I am very sure that they will take of your problems shere there is a suspicious management of money. I am planning to do the same if this in my board association does not change. We have two employees working part time but we are trying to findo out if those individuals are still getting a full salary. One is working fron 6 am to 11 or sometime to 12 and the suppossed Engineer works from 9 to 4 pm and most of the time this supposed to be an Engeneer is most of his time sitting in the office of the manager. A grou of this owners are looking into this.
Posted @ Friday, November 26, 2010 3:39 PM by Connie
Your state condominium act specifies that a unit owner has the right to demand and inspect all association documents. The Board of Directors nor the building manager can abrogate this right. I would sughgest a registered return receipt demand for access to the records ne sent to your board and building manager. The rersult will point you to your next action.While you may not sue the building manager you certainly can attack the Board legally speaking. But perhaps the easiest solution would be found at your district attorney's office.
Posted @ Friday, November 26, 2010 4:01 PM by Charles Adler
The financial records from 2 years ago must still be available to the unit owners. You should send a certified written request for the association's audit for that year. The answer you seek will be there or in the off chance the case ran over in to the following year, in the audit for that year. Somewhere in the financial records is the accounting for the 95k. Your actions should be dictated by your findings.
Posted @ Friday, November 26, 2010 5:10 PM by Bob Begley
Our condo/HOA in Florida has a income in excess of $400,000 annually, which then requires them to get an annual audit. However, every year the board submits to the membership in form of a ballot to vote not to do the audit (because of the expense) and that financials would be enough. How many years can the board do this without getting the audit that I believe is necessary according to Condo/HOA law in Florida? They have done since we have own property there since 2004.
Posted @ Sunday, November 28, 2010 12:16 PM by JoAnne Rudow
Download your Florida Condominium Act and scan it for pertinent information. I believe you'll find that an audot each year is mandatory.
Posted @ Sunday, November 28, 2010 3:46 PM by Charles Adler
Four months ago the discussion stopped and the original complaint posting party has not informed us of the action that he or she has taken or not taken. 
I am therefore assuming that none of the law enforcement agency has helped to investigate and to prosecute the case as a grant theft embezzlement and criminal fraud. 
Besides,none of the law offices are affordable for filing a civil suit. 
Besides, I dare say the results such as above are predictable.  
The US government is aware of this and is willing to help elderly victims. 
Try contact government and nonprofits (funded by government often) under "Elder abuse" search words in the Internet. 
I do not know whether Florida will be able to use California law that protect citizens from all kinds of illegal discrimination. 
I think your case is an example of discrimination against you on account of age, disability and economic level of income.  
Some of the websites that I believe you can ask for help are : 
www.aoa.gov/aoa root/aoa_programs/elder_ 
HUD office of inspector general 1-800-347-3735 
Your state's department of fair employment and housing,ww.dfeh.Fl.gov/complaint/file complaint.aspx (to report discrimination on housing against elders), 
Legal aid foundation in your city, 
FBI.gov (try again), 
your county bar association's reduced fees section, 
Department of consumer affairs (to report false accounting), 
Your county's department of social services (To see if it has a program called CARE (curtailing abuse related to the elderly (65 +)) 
Your county's housing and mediation board. 
Your county's Office on Aging 
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Check with your HOA's insurance agent to see if the HOA insurance carries "Dishonesty bond" and "Director and officer's liability insurance". 
Or, you can ask legal aid to check for you. That manager is an employee if he receives salaries and under supervision of the employer board. That manager is also an agent of the directors' board for he was so hired. Check with legal aid to see if it can help you to pursue insurance coverage for the "Loss". 
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Check with a private lawyer specialized in elders discrimination and he or she will know all the relevant provisions of the California Unruh Civil Right Act and Fair Employment and Housing Act to see if he or she can represent you under the "private attorney general's principle"?
Posted @ Monday, April 04, 2011 1:10 AM by BETP Inc
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