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PattyB1 (Kentucky)
Posts: 40
Posted:
I was the VP when this had happened but, the Treasurer and the President were in a tight little group that included the "cutter". I ran against him for President and won. When it was time to turn over all of the financial records, they wouldn't do it. Me and my Treasurer had to go to the bank and get copies of everything,and when I saw the bank statements, the cutter had been paid twice in May and twice in June $400.00 and once in April $100.00. Our Bylaws do say that BOD can't accept any money for any work done for the HOA unless agreed upon by a majority of homeowners. Nobody knew this was going on.When we fired him right after the election,he had already been paid for the next month,and refused to give the money back.I was concerned that uf a homeowner finds out what they were doing, would I also be in trouble even when I had no idea what rhey werw doing? If he had become President,this would still be going on under people's noses.
KirkW1 (Texas)
Posts: 1,665
Posted:
The only way that you are responsible is if you knew about the issue and did nothing about it. I would suggest that you take your concerns about the kickback to the DA and speak to him/her about them. There is a possibility that the DA will investigate. But more likely the amounts are too small to get the attention of the DA.

For that matter, it sounds like the amounts are too small to make it worthwhile to pursue civil action as well. If you do not have strong evidence then don't directly mention it in the minutes. You don't want to be charged with slander.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Patty,

The only problem with trying to get the DA involved, as Kirk suggests, is that you have no proof. Even the bank statements are not proof of anything but the fact that he received some money from the HOA. Even if there are no invoices to support the payments he received, the fact that he received them is still not proof of fraud or theft.

Exactly what proof do you have that the Pres. received a kickback? You cannot proceed on hearsay! Until you have actual proof of any wrongdoing, I would say you should just proceed as though nothing happened. Frankly, you don't know for sure ANYTHING illegal did happen! Just be happy this guy is no longer a board member, albeit Pres.

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