When Is Annual Report due to Members?
Every year the HOA is to provide an annual report to the Members (homeowners). This requirement is found in the By-Laws at Art. III, §C, ¶19(g) Accounts and Reports, starting on Page 7.
"(g) an annual report consisting of at least the following shall be distributed to all Members within one hundred twenty (120) days after the close of the fiscal year: (1) a balance sheet; (2) an operating (income) statement; and (3) a statement of changes in financial position for the fiscal year. The annual report referred to above shall be prepared on an audited or reviewed basis, as determined by the Board, by an independent public accountant; ..."
The fiscal year closes on December 31. When is this annual report due? May 1, 2025
Did you get your report?
Has The Summit HOA sent out any report of this type in the past seven years?
The Board can choose whether it is an "audited or reviewed" report, but it has to be done by an independent accountant.
The PRM is a little more lenient. At Art. III, §C, ¶2(c) Audit Procedures (Page 16) reads, in part, "Tax reports must be completed by March 15th and Audit reports by August 31st."
When there is a conflict between the By-Laws and the PRM, the By-Laws prevail.
Several years ago the Auditor did produce the report at the end of April. It was months before the board released it to the Members. Last year one of the Directors told me the Audit wasn't due until the end of August.
I didn't think that was right, but I didn't have the By-Laws with me.
The By-Laws are not "just suggestions." They are the rules!
The PRM can be changed by Board decision, but it does not amend, change, or over-ride the By-Laws.
Should you call the office and ask for a copy of the annual report?
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