Condos

Condo Line

Condo owners, board ignorant of hidden funds

 

CAMquestion@cfl.rr.com

Q. I live in New Jersey but have a condominium in Florida. We have owned the unit for 23 years. Over the years we have had some heavy assessments. Recently we found there was money hidden in bank accounts and money markets funds since 2002. The sum added up to over $200,000 and none of the owners knew about the money. We only found it when one owner took time to read the end-of-year financial report. It seems none of the new board knew that this money was there. I asked for the end-of-year statement from the management company and the figures are in the report for all to see. It appears that no one on the board read the statement. So the question is, does the board have the right to conceal these funds and not disclose them to owners?

As owners, we only see the budget for the upcoming year and on that statement nothing is mentioned about these monies. Is the board guilty of improper actions?

A.T., Lake Worth

Financial statements with unaccounted funds or expenses are a common event in condominiums. My guess is that less than 10 percent of owners know how to read a financial statement. Your directors, all volunteers, are part of this group. Chances are good that no one on the board knows how to read financial statements. Is this a problem? Not if the board has professionals available to provide help, answer questions and make suggestions.

Your question is extremely important in that it points out a major problem in associations: most members do not concern themselves with the business of the association. They let others do the work with no oversight. All members have a responsibility to observe and evaluate the business decisions of the association. Members are responsible to attend meetings, follow the decisions of the board and read the financial statements. If it was found in the end-of-year statement, then the oversight was the members’ neglect as well as the board’s. Q. Our Home Owners Association Covenants and many others reference “FNMA Lending Guide, Chapter Three, Part 5, Insurance Requirements” regarding liability insurance and fidelity bond coverage. Where can I get a copy of this document? I called FNMA and they do not seem to know of this document. It does not show up on their website. Is this still a good reference?

W.F., Merritt Island

In simple terms, when a bank or mortgage lender takes a mortgage, they lend money to the seller. If that were the end of the story, banks and mortgage lenders would run out of money to lend. To help solve this problem, the government and private groups buy mortgages (secondary market) from the banks and lenders and give them money for them to lend again. This secondary market includes Freddie Mac, Fannie Mae (FNMA) and other secondary lenders. Their purpose was established to buy mortgages to re-enter money into the market. The Glass-Stegall Banking Act (GSBA) became law in 1933. That act regulated the banks to only allow certain lending and banking operations. At that time we had thrift banks, commercial banks, credit unions (1934), saving banks, savings and loan associations, and many other financial institutions. In 1999 the government deregulated banks by repealing the GSBA and many banks were allowed to conduct other businesses, such as insurance sales and stock transactions. These changes have resulted in several bank bankruptcies and failures.

Your documents refer to the FMNA mortgage application package because most lenders use those forms. It is not the law to use FNMA mortgage guidelines, just a policy —but your documents require it as a protection to future buyers and make obtaining a mortgage simpler.

Write to Richard White, 6039 Cypress Gardens Blvd, #201, Winter Haven, FL 33884-4115., or e-mail CAMquestion@cfl.rr.com. Include name and city.

Read more Condos stories from the Miami Herald

  • Condo Line

    Every year, board shirks an audit

    Q. Every year the board meets with the owners and recommends to them that no audit be taken on the condominium books, in order to save money. Is there a state law that the board must have the books audited periodically? I have another concern in that our directors have little business experience making good decisions for the association.

  • Condo Line

    Candidate information sheets voluntary

    Q. We recently held an election for the board of directors. There were five candidates for four positions. Two of the candidates submitted information sheets that were included in the meeting package. Three others never submitted an information sheet. The candidates elected were the three that did not submit information sheets and one that did. After the election, I asked the president to see the three information sheets because they were not included in the mailing. The president said that information was not mandatory and they never received them from the three candidates. I question the ethics and legality of the election of the two candidates who did not submit the information sheets regardless of their qualifications and platform for the office. Can owners request another election?

  • Condo Line

    Board callous to mother’s plight

    There is no simple answer to a board that does not respond to a request involving a disabled or injured person. I have learned that you never suggest that a disabled or injured person get a wheelchair. In many situations, such an event may mean that once in the wheelchair, they will never walk again because they lose the strength and capability.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category