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Accounting for Corrupt and Incompetent Treasurer Pauline Oberland

UPDATE: MARCH 2, 2019

The other day I sent a letter to the Association’s new general counsel, Nicholas Bartzen, informing him that the December 2018 financials and January 2019 financials is already more than 40 days late and 10 days late, respectively, in being posted on Lieberman’s e-STAR portal for unit owner review. Told him there could be only two reasons for the delay: 1) the board is not receiving a timely accounting of the Association’s finances, or 2) the “Time for Transparency” board is unnecessarily delaying its release. 

Lo and behold, yesterday both the belated December 2018 and January 2019 financial statements were finally posted on e-STAR. 

The unaudited December 2018 financials purports the Association’s Operating Fund earned a $265K surplus for the year ended December 31, 2018, as compared to $319K Budgeted. However, this $265K surplus includes an improper $71K surplus from the Association’s Special Assessment Fund. This means the Association’s loss for 2018 could be another year of losses in the 6-figures.

The purported $265K surplus translates a $492K windfall because the 2019 Operating Fund Budget included $227.6K for the projected 2018 Operating Fund Shortfall. Consequently, the 2018 Operating Budget overcharged unit owners by 25.0%. Great job, Treasurer Pauline Oberland!

In less than one month, unit owners should receive the 2018 Audited Financial Statements.

 

UPDATE: JANUARY 22, 2019

Earlier today I reviewed the December 2018 financials prepared by Lieberman Management Services, Inc., that were finally posted on LMS’ eSTAR portal. State Parkway’s chart of accounts have yet to be cleaned up, and LMS has yet to discontinue the incorrect recording of certain accounting transactions. (See January 9, 2019, Update below.) This means LMS continues to prepare bogus financial statements for the Association. In fact, December 2018 financials prepared by LMS purports the Association’s Operating Fund surplus for year to be a record-breaking $265K.

In the 2019 Proposed Budget Details, dated November 9, 2018, board and management had projected the 2018 Operating Fund Shortfall to be $227,497, which means the 2018 actual Operating Fund Surplus of $265K is $494K better than projected.

 

UPDATE: JANURY 9, 2019

Today I realized that I never posted the following list of necessary financial changes below that I had created on December 25, 2018, and December 26, 2018, to this blog post:

CLEAN UP ASSOCIATION’S CHART OF ACCOUNTS:

 

  1. Show all sources of income in the income section of the income statement;

 

  1. Rename Garage Maintenance/Repairs to Garage Operations/Valet Parking and remove from maintenance expense category;

 

  1. Remove Cable TV Expense from maintenance expense category;

 

  1. Put LMS Management Contract Addendum together with LMS Management Contract;

 

  1. Segregate Real Estate Appeal Expense or include in corporate legal expense;

 

  1. Re-label mislabeled contingency accounts as appropriate;

 

  1. Record accrued real estate tax expense and HO policy in Association Owned Unit expense;

 

DISCONTINUE INCORRECT RECORDING OF ACCOUNTING TRANSACTIONS:

 

  1. To record Special Assessment Billed:

 

               Dr. Cash

                      Cr. 1350/1317 Special Assessment to Be Billed (Equal to billing amount)

 

  1. To record Special Assessment Income:

 

               Dr. 2225/2250 Deferred Special Income (Equal to monthly Special Expense)

                      Cr. 4011 Special Assessment Income

 

  1. Charge Litchfield Cavo installment payments to account 2105 instead of special assessment expense;

 

  1. Adjust Scavenger Rebate Receivable when payment is received instead of recording as income;

 

  1. Charge annual real estate taxes expense to Accrued Real Estate Tax by June 30, 2019:

 

  1. Do not permit LMS to make interfund transfers or charges to special assessments expense without advance board authorization during an open board meeting;

 

  1. Segregate capital expenditures by project;

 

  1. Segregate litigation expenses by case;

POST-AUDIT ACCOUNTING TRANSACTIONS:

 

  1. Reconcile with previous year’s audit; and reverse y/e adjusting entries and charge amount due to garage operator to 2772, and zero out audit accounts;

 

  1. Segregate Funds for Reserves, Contingencies, Deposits and Prepaid Assessments into a separate account;

 

MID-YEAR ACCOUNTING TRANSACTIONS:

 

  1. Record Depreciation Expense for the year on June 30, 2019 (like LMS used to);

 

  1. Adjust Prepaid Insurance balance @ year-end after policies are renewed;

 

END OF YEAR ACCOUNTING TRANSACTIONS:

 

  1. Record year-end accruals and payables;

 

OTHER:

 

  1. Charge sales taxes on parts charged to maintenance service income, and file sales tax returns;

 

  1. Investigate Doorstaff Pension Withdrawal Liability;

 

  1. Fire CondoCPA, and retain a new independent auditor;

 

  1. Audit Garage Operations for the first time;

 

  1. Amend Association’s federal and state tax returns;

 

  1. File a Certificate of Error with Cook County Property Tax Office;

 

  1. Distribute 2018 Audited Financial Statements to unit owners by April 1, 2019; and

 

  1. Have unit owners adopt revenue ruling for FY2019 at the September 2019 annual meeting of unit owners.

 

I also found out that I had never sent it to the board and/or management as I said at last night’s board meeting. However, the Association now has a copy of the document as I emailed it to Board Secretary Meg Doyle the next day. In any event, you can see corrupt and incompetent Treasurer Pauline Oberland still has some work to do in order to make sure the Association is in compliance with Section 19(a) of the Illinois Condominium Property Act: “The board of managers of every association shall keep and maintain the following records, or true and complete copies of these records, at the association’s principal office: (9) the books and records for the association’s current and 10 immediately preceding fiscal years, including, but not limited to, itemized and detailed records of all receipts, expenditures, and accounts.” [emphases added]

True means that the financial statements are free from material misstatements and faithfully represent the financial performance and position of the Association. Complete means having all the necessary or appropriate parts.

 

ORIGINAL POST: DECEMBER 1, 2018

I was going to entitle this blog post “Accounting for Dummies” but that would be an affront to dummies.

At the September 25, 2017, board meeting, the board unanimously created a $300K Reserve, or a Loss Contingency, for Legal Expenses, Judgments and Related Legal Expenses. This was over and above the $500K Special Assessment the board passed on July 24, 2017. Moments later at the same board meeting, the board approved for distribution to unit owners the proposed 2018 budget, which funded the aforementioned $300K Loss Contingency.

Corrupt and incompetent Treasurer Pauline Oberland, contrary to the board’s September 25, 2017, resolution, claims the $300K is actually a contingency as funds are not set aside. The bad news for Treasurer Oberland is that both Reserves and Contingencies can be either funded separately or commingled with other funds. The fact something is or is not segregated in a separate fund does not make something a Reserve or a Contingency. In fact, HOA boards are advised to segregate both funds for reserves and contingencies in a separate account from the Operating Fund so the restricted funds are not inadvertently spent on Operating Fund shortfalls.

Contingencies are for unexpected expense overruns or income shortfalls; reserves are funds restricted for a specific purpose(s). In this case, the $300K Reserve is a Loss Contingency restricted for “Legal Expenses, Judgments and Related Legal Expenses.” However, corrupt and incompetent Pauline Oberland did not ensure corrupt CondoCPA did not include the $300K Reserve in the 2017 Audited Financial Statements, presumably to hide this fact from unit owners and prospective buyers alike.

Corrupt and incompetent Treasurer Pauline Oberland failed to ensure a $300K Loss Contingency was recorded in State Parkway’s 2017 Audited Financial Statements, especially since then-board president Howard Robinson made not one but two public offers to settle a couple of lawsuits for $250K.

Now corrupt and incompetent Treasurer Pauline Oberland has a bigger problem. If there are remaining funds for the purported $300K “Contingency” at the end of 2018, the board will have to make a decision on how to handle the remaining surplus. It can be refunded to unit owners or credited to their 2019 Assessments, or the board, with advance notice to unit owners, can transfer the excess to the Association’s Replacement Reserve Fund. Meanwhile, the board has yet to make a formal decision as to how the 2017 actual $135K Operating Fund budget shortfall would be funded other than the $80K put in the 2018 Projection.

 

“Time For Transparency” Board and State Parkway’s General Counsel Are Still Struggling w/Duty to Disclose

Condominium Corporation directors and officers owe a duty to disclose material information to unit owners. However, the responses I received from the Association’s new general counsel refused to answer each of the 17 questions I submitted to the board on March 30, 2019, because I was unable to observe the majority of the Association’s March 27, 2019, board of directors meeting. Thirteen of the 17 answers I received stated: “The board has taken the matter under advisement.” The other 4 answers I received were largely non-responsive.

My questions were as follows:

  1. Why isn’t the property manager’s supervisor attending board meetings?
  2. Why didn’t the board approve the January 8, 2019, board meeting minutes?
  3. Why are unit owners offered the opportunity to purchase a/c sleeves at a discount if this item is a reserve study component?
  4. How much are the insurance deductibles for the latest lawsuit filed against the Association?
  5. Didn’t the audit engagement letter make it clear that the 2018 audit must be completed well before the April 1, 2019, deadline?
  6. If the Association switched to an accrual method of accounting, how can there be bills outstanding and not yet recorded?
  7. Why isn’t the Association’s investment advisor, Baird, not making (free) investment recommendations as it used to?
  8. What are director Jim Belton’s (whom was assigned to make investment decisions for the board) qualifications with respect to dispensing investment advice?
  9. Has the board ever adopted an investment policy statement for the Association’s Replacement Reserve Fund?
  10. Has the board ever adopted a policy for interfund loans (including terms for interest rate, payment dates and/or duration)?
  11. What does “Unit owners would be provided a draft copy for review at the __________________” in the latest approved board meeting minutes mean?
  12. Why is the Association’s new general counsel being retained at a higher rate than budgeted?
  13. Who authorized the hiring of the last employee as a maintenance helper even though this position was not budgeted?
  14. Did unit 1103 receive the 22.1 disclosure letter prior to being sold on contingency?
  15. Please cite statutory authority that allows 2 board members to make decisions in lieu of the full 5-member board of directors?
  16. Please cite statutory authority that allows the board of directors to increase fees without giving unit owners advance notice?
  17. Please confirm that no board decisions were made after the board reconvened after the February 2019 executive session.

State Parkway’s new general counsel, Nicholas Bartzen of Altus Legal LLC, gave me the “The board has taken the matter under advisement” response to questions number 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14. The purported response to question number 2 was “Please refer to eSTAR for all approved meeting minutes.” The dubious response to question number 15 was “The board authorizes all decisions in compliance with the Association’s governing documents and the [Illinois Condominium Property Act]. The response I received to question number 16 was “All necessary notice for rule changes will be provided pursuant to the [Illinois Condominium Property Act]. And the final question was answered with the same response to question number 15.

The irony here is the association’s current board ran on the “Time for Transparency” platform, but are obviously struggling with the concept of full and complete disclosure, not to mention fiduciary duty of candor.

How To Decide Whether Or Not De-conversion Is Right For You?

Thanks to former board president Michael Cleavenger, and former directors Howard Robinson, Mary Marta, current directors Kevin Phelan and Pauline Oberland, tonight’s de-conversion meeting was really an unmitigated disaster! In fact, most unit owners that attended tonight’s meeting did not know about the unsolicited $45 million dollar offer from John Buck for State Parkway Condominium that was tendered to the board of directors last March.

Thanks also to board president Thomas Battista for not making it a priority to attend tonight’s de-conversion meeting. His inexplicable absence helped make this meeting a huge waste of everyone’s time.

Michael Cleavenger didn’t attend tonight’s meeting, nor did Howard Robinson or Kevin Phelan attend. Mary Marta and Pauline Oberland did attend, but, as always, Marta’s lips were sealed.

John Buck’s purported $45MM offer does not equal $276/s.f. plus $25K for each parking space. It also does not include the Association’s $1.3MM in Reserves and the Association-owned unit (#906).

So most of the 60-minute meeting was spent explaining the details of the offer and answering unit owners’ purported questions regarding litigation, and scores of unit owners applauding each question that mentioned the word ‘litigation.’ Funny thing is that prior to Buck’s offer, many unit owners had argued that State Parkway would not even receive an offer for de-conversion due to litigation.

At the meeting, Buck representatives admitted Buck has yet to do any de-conversions after I asked them how many de-conversions it had completed.

What unit owners don’t realize is the simple fact this is an opportunity for them to make a very important decision involving their homes. For example, assume a unit owner owns a 750 s.f. unit and parking space that is worth approximately $172K on the market. Buck’s de-conversion offer of $276/s.f. plus $25K for parking means this unit and parking space is worth $232K. The alternative to selling is staying in your unit and continue to pay high assessments for the foreseeable future (status quo), unrelated to litigation, but pay at least $60K in capital improvements and/or deferred assessment increases. So now the options can be summarized as follows:

  • Reject Buck’s unsolicited offer (status quo) and pay $60K for special assessments and/or deferred assessments;
  • Accept Buck’s unsolicited offer and sell your unit for $232K; or
  • Sell your unit and parking space on the open market for $172K.

As you can see from the aforementioned options, compared to selling the unit on the open market for $172K, you can make $60K by accepting Buck’s initial low-ball offer, or you can spend an additional $60K to stay at State Parkway. Unit owners also have the option to negotiate a higher price per s.f. from Buck or another developer. Our neighbors at 1440 N. LSD, which had converted to condominiums not too long ago, recently received approximately $400/s.f. for their units.

Disgraced former director Terry Leja, who abruptly resigned less than a year ago immediately following the proxy fraud debacle, remarked at tonight’s meeting that the market value of her unit is less than what it was assessed by Cook County. If that is true, the board, including Leja, breached its fiduciary duty to lower unit owners’ property tax assessments accordingly. Meanwhile, please be advised that Leja’s successors, however, did not put any money in the 2019 budget for the forthcoming triennial property tax appeal, which is expected to cost the Association at least $10K in legal fees.

What’s Next:

At tonight’s board meeting, a petition was circulated, seeking signatures and email addresses to amend the declaration’s sale threshold of 100% to 75%. My understanding is that once at least 2/3rds of the ownership signs the petition, a special meeting will be called to vote on the this proposed amendment.

The board and management needs to start doing its due diligence, namely:

  • Disclose the extent of future assessment increases and special assessments due to deferred assessment increases and the Association’s very weak reserve fund strength, respectively, to all unit owners so they can make an informed decision. If it turns out this number is about $10MM, or an average of $62,500 per unit, then the board of directors also needs to find and retain a good broker that has experience doing de-conversions.
  • Retain an independent CPA, instead of corrupt CondoCPA, to audit State Parkway’s 2018 Financial Statements, and distribute them to unit owners before the April 1, 2019, deadline. And because the Association received a qualified opinion in the 2017 Audited Financial Statements due to garage operations, the board must direct the new independent auditor to also audit garage operations for the first time in the Association’s 26-year history.

Board President, Tom Battista, Is Still Full Of Shit!

At last Tuesday’s board meeting, perennial ass-talking board president, Thomas Battista, demonstrated he’s still full of shit.

Almost 2 years ago, board president Howard Robinson, without board approval, filed a false affidavit to the Cook County Property Tax Office, which allowed the Association to evade paying several thousand dollars of property taxes on the Association-owned unit, 906, formerly called the Engineer’s Unit, per year. Robinson’s false affidavit caused the Association-owned unit to be assessed at just $1 per year.

Since last September, the folks at the Cook County Property Tax Office have been waiting for a Certificate of Error to be filed. But at the last board meeting Battista, who, according to the link below, used to be a deputy director of the Illinois Property Tax Appeal Board, announced plans to file an “appeal” even though no taxes are due for the 2018 tax year (which lags a year behind). Who the hell files an appeal when no taxes are due?!?!

The purported appeal will note the Association-owned unit, PIN (Property Index Number) 17-03-102-042-1056, is being used to store accounting records (but I don’t know if he mentions unit owners cannot access the unit), and is being sent under the guise an appeal must be filed annually. Consequently, Battista is obviously either hoping the Association continues evading taxes on the Association’s owned unit, or the appeal gets “denied”, which means the Association must resume paying property taxes on the Association-owned unit.

Battista is operating on the “assumption” that the Association-owned unit is like the mail room or the property manager’s office. Problem is neither the mail room nor the property manager’s office ever had a PIN. To make matters worse, state law, Section 10(a) of the Illinois Condominium Property Act 765 ILCS 605, makes it very clear that in order for any property to be assessed $1 per year, it must be “used exclusively by the unit owners for recreational or other residential purposes.”

Stay tuned!

Board Needs To Start Paying Closer Attention To Garage Operations

JANUARY 9, 2019 UPDATE

Good news! At last night’s board meeting the board approved several recommendations purportedly made by sp+. My understanding they are as follows:

  • No more cash transactions;
  • Reduce manpower by 40 hours per week;
  • Eliminate paper billing; and
  • Participate in Online Sales

It’s about time the garage banned cash transactions, reversed its ill-advised rejection of online sales and eliminated paper billing. The manpower reduction is a huge game-changer. However, I warned the board at the board meeting that it was actually tried back in 2005 and 2006 but the workforce went back up to six after a union complaint was filed. The board’s response was the recommendations were made by sp+.

Since late last fall, the garage workforce dropped from six to five, and cutting another 40 hours per week will further reduce the staff to four. Expect more overtime to cover paid absences. I must applaud the board for not sitting on their hands like their predecessors Mary Marta, Michael Cleavenger and Howard Robinson did. Since the “Time For Transparency” Board was elected on September 24, 2018, the board has quietly eliminated three personnel positions (contracted maintenance and 2 garage hikers).

I believe at least two more changes are necessary — implementing customer service feedback and auditing garage operations. Garage staff needs to provide excellent customer service at all times. Losing a repeat customer is exceptionally costly to the Association, especially with the advent of ride-sharing companies like Uber and Lyft. Meanwhile, the garage has never been audited in the Association’s 26-year history. Moreover, State Parkway recently received a qualified opinion, due to garage operations, during the most recent audit.

ORIGINAL POST: JANUARY 6, 2019

The board meeting agenda posted in the laundry room Friday afternoon notes State Parkway’s board of directors will discuss the garage contract at Tuesday night’s board meeting. This is a bit surprising because the garage parking service agreement was actually extended another three years, through December 31, 2020, at the December 19, 2017, board meeting. However, given garage parking operations losses between 1995 and 2018 have grown at least 30% compound annual rate, the board of directors has a fiduciary duty to closely monitor and discuss garage operations at each board meeting. This would include closely reviewing at least the following:

  • Revenue: both actual and budgeted for each revenue line item (monthly parkers, car washes, transient parking (including online sales), coupon and late fees) as well as number of overnight cars vs. capacity;
  • Expenses: total fixed expenses (mostly payroll), income taxes and parking taxes;
  • Garage Staff: via customer service surveys and/or feedback; and
  • Quarterly garage inspection (for cleanliness and damages);

At the upcoming board meeting, board of directors needs to reconsider its ill-advised February 5, 2018, rejection of sp+’s Online Parking Proposal when it discusses the garage service agreement.

Before I begin, allow me to state the following:

  • The basis for State Parkway’s first ever qualified opinion on its most recent audited financial statements was due to garage operations.*
  • State Parkway’s garage operations has never been audited in the Association’s 26-year history.
  • The board of directors, however, recently voted not to have 2018 garage operations audited during the 2018 audit.
  • State Parkway’s assessments are high due to the fact 100% of garage operations losses are improperly passed along to unit owners.**
  • State Parkway’s board of directors continues to evade the payment of federal and state income taxes on garage operations profit by claiming falsely inflated deductions. Specifically, the board had approved corrupt CondoCPA’s allocation 45% of garage operations expenses, instead of 29%, to non-exempt by falsely assuming there was an average of 90 non-exempt cars, instead of 49, parked overnight in the garage during 2017.
  • sp+ recently credited State Parkway’s account over $10K for overcharging 2017 vacation accruals. However, CondoCPA neglected to pick up $30K of accrued payroll expenses at the end of 2017.
  • I had been hearing about the popularity of parking apps such as Spot Hero and Parking Whiz. Unlike our neighbors, State Parkway does not participate in the opportunity to sell available parking spaces via the apps.
  • It is a breach of fiduciary duty for a board of directors to reject a professional consultant’s advice.
  • On Wednesday, January 2, 2019, the Sun-Times published an article: https://chicago.suntimes.com/news/preckwinkle-back-taxes-parking-lot-operators-audits-apartment-lease-chicago-mayor-election-2019/ about Cook County conducting audits and may try to collect back taxes from parking lot operators.

Last Thursday, while waiting an unprecedented three hours for my cancer treatment to begin, after I read the aforementioned Sun-Times article, I started crunching the numbers on my iPhone calculator. The key assumptions I used for my back of the envelope calculations are as follows:

  • Average transient parking ticket revenue (including local taxes): $25.00 (from garage study I did between October 2015 and January 2016);
  • Cook County Tax Rate: 6%
  • Chicago Parking Tax Rate: 20%
  • Spot Hero Commission Rate: 20%
  • Marginal Federal Income Tax Rate: 21%
  • Marginal State Income Tax Rate: 7%
  • Calculated Effective Income Tax Rate (federal and state): 26.530%
  • Incremental variable cost: $0.00
  • Calculated Incremental gross profit from using Spot Hero: $10.90
  • Calculated Gross profit as percent of sales: 43.616%

However, since State Parkway’s board of directors unlawfully evade the payment of federal and state income taxes on garage operations, the “income tax evasion” model assumptions are as follows:

  • Average transient parking ticket revenue (including local taxes): $25.00 (from garage study I did between October 2015 and January 2016);
  • Cook County Tax Rate: 6%
  • Chicago Parking Tax Rate: 20%
  • Spot Hero Commission Rate: 20%
  • Marginal Federal Income Tax Rate: 0%
  • Marginal State Income Tax Rate: 0%
  • Calculated Effective Income Tax Rate (federal and state): 0%
  • Incremental variable cost: $0.00
  • Calculated Incremental gross profit from using Spot Hero: $14.84
  • Calculated Gross profit as a percent of sales: 59.365%

As you can see from the aforementioned calculations, State Parkway is missing the opportunity to make between 43.616% to 59.365% of total online sales of its available parking spaces through parking apps. What was the board thinking when it rejected sp+ online parking proposal last February?

I had seen revenue examples from one of the parking apps as a result of selling a certain number of parking spaces throughout the year. I cannot find this article but will post it to this blog once I do.

State Parkway’s board of directors needs to, during open board meetings, start paying closer attention to all aspects of garage operations, especially since the $580K budget for garage expenses makes this the lion’s share, or over 26%, of the 2019 Assessment Budget. More importantly, the board needs to retain a new independent CPA and have the Association’s garage operations audited for the first time.

*Source: Independent Auditor’s Report in State Parkway’s 2017 Audited Financial Statements.

**The 2019 Budget includes at least $180K, or 8.2% of 2019 Assessments, of garage operations and maintenance expenses improperly passed on to unit owners due to double counting.

Suggested New Year’s Resolutions for State Parkway’s Board of Directors

UPDATE: MARCH 21, 2019

For the third straight month, Property Manager William Southall neglected to post the monthly financials on eSTAR by the 20th of each month.

UPDATE: FEBRUARY 21, 2019

State Parkway’s financials for the month and year ended December 31, 2018, and for the month ended January 31, 2019, have yet to be posted on Lieberman Management Services’ eSTAR portal. Yesterday property manager Bill Southall said the belated financials will be posted on eSTAR in a couple of days.

UPDATE: JANUARY 10, 2019

At the board meeting the other night, the board finally filled its record-breaking vacant director position. The board planned to discuss retention of new general counsel to replace Levenfeld Pearlstein, LLC, during executive session, but property manager Bill Southall advised me the next morning that board has yet to find a replacement.

UPDATE: JANUARY 4, 2019

If Tuesday’s board agenda posted in the laundry room today is any indication, very few resolutions will be achieved during 2019. I had hoped Alderman Ed Burke’s attempted extortion charge would have provided the board with a sense of urgency.

ORIGINAL POST: DECEMBER 29, 2018

The New Year is quickly approaching. Below is a list of suggested resolutions State Parkway’s Board of Directors should adopt as early as the January 8, 2019, board of directors meeting:

  1. cease evading federal and state income taxes by claiming falsely inflated garage operations deductions;
  2. do away with evading local property taxes on the Association-owned unit;
  3. retain a reputable law firm to fill the vacant general counsel position;
  4. form a litigation committee;
  5. appoint someone to fill the record-breaking director vacancy;
  6. choose a new and independent auditor;
  7. have garage operations audited for the first time;
  8. force Lieberman Management Services (“LMS”) to account for special assessment revenue correctly;
  9. pressure LMS to stop leaving unrecorded invoices in the drawer at the end of each month;
  10. push LMS to stop commingling restricted and unrestricted Operating Funds;
  11. urge LMS to record replacement expenditures by project;
  12. require LMS to record year-end accruals and automatic reversals in a timely manner;
  13. stop paying LMS an additional $2,750/month for purported services;
  14. quit paying the independent auditor for purported financial services over and above the quote for audit and tax preparation services;
  15. demand LMS and the independent auditor to disclose all revenue sources in the revenues section of the monthly and annual financial statements;
  16. require the independent auditor to disclose garage operations expense details in the annual financial statements;
  17. discontinue paying a 62.5% surcharge for doorstaff pensions;
  18. put the Association-owned unit back in service;
  19. forgo charging unit owners for non-CAM expenses;
  20. put an end to overcharging unit owners for Cable TV fees;
  21. call a special meeting of the unit owners to discuss the unsolicited bid from John Buck Company;
  22. resurrect the Association’s finance committee;
  23. desist from engaging in proxy and ballot fraud;
  24. distribute a complete copy of the Association’s 2018 Audited Financial Statements to all unit owners by April 1, 2019; and
  25. refrain from failing to make the Association’s books and records available for unit owner inspection within 10 days.

I will update this blog post from time to time to see how many suggested resolutions the board achieves and/or fails to achieve, and will include this information in my Candidate Information Sheet (for election as director) later this summer.

The board can either achieve and/or fail to achieve resolution numbers 1-13 and 18-22 as early as January 8, 2019. And the board can also either achieve and/or fail to achieve the remaining remaining resolutions: 14-17 and 23-25 sometime between January 9, 2019, and September 30, 2019.

Unless all of the aforementioned resolutions are achieved, the fraud, oppression, misapplication or wasting of assets at State Parkway will continue unabated.

Best of luck to the esteemed fiduciaries of the Association!

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