Full Disclosure
New homeowner
association clients occasionally ask, “Why do we need
to provide the management company the bank statements for Board-controlled
accounts, such as CDs or money markets?” Since the management company
doesn’t draw on these monies, the confusion is understandable.
Although
not directly handling these funds, the management company is required to
provide a full picture on the financial health of the community. Incomplete disclosures impact several areas:
- Insurance.
The fidelity/crime coverage must be adjusted based on actual dollar amounts
held. Besides not receiving back all funds in the event of a loss,
lenders may also refuse to provide home loans if the Association is under-insured in this area.
- Tax
Returns. These could be delayed or require re-filing if the CPA does not
have full, timely access to bank statements of all assets.
- Homeowners
& Lender Inspection Rights. Georgia Statutes and the Association’s
Bylaws require that financials be made available for review, often within five
days of a request. Providing inaccurate balance sheets (by not listing
all funds) exposes the Association to potential litigation which may not be
covered by the Directors & Officers (D&O) insurance carrier.
- Speaking
of D&O: Withholding account information may be considered a violation
of fiduciary duty, which can be used as an excuse to deny coverage for any
D&O claim, not just one directly related to financial disclosures. It
gets expensive litigating with the insurance company afterward, trying to
reverse a denial of coverage.

To ensure information is
getting forwarded to your management company in a timely fashion, be sure to
notify all of your lenders to automatically mail copies of bank statements to
the manager. You want to reduce human
error and avoid any appearance of impropriety: Failing to fully disclose only
raises red flags.
Your write-ups are far more than wow!
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