Guest Blog: http://arizonahoa.blogspot.com
The last of three OAH cases on books and records took place this week. In all cases, the books and records at issue were copies of:
- The user names and passwords for HOA bank accounts for members on a read only basis
- The signature cards held by the bank for those accounts.
Banks involved include US Bank, Alliance and Mutual of Omaha. The FDIC has clearly stated, IN WRITING, that for their deposit insurance to flow through the Management Company to the HOA, as beneficiary, the nature of the FIDUCIARY RELATIONSHIP must be clearly identified in the documentation. Banks in the industry have confirmed that the FDIC also tracks with Tax Identification numbers. In most cases, only the Tax ID of the Management Company shows. Rarely the HOA. If these records do not exist, an additional FDIC requirement is not satisfied.
Trestle Management testified under oath this week that they do NOT have a FIDUCIARY RELATIONSHIP with the HOA. You can access the FULL HEARING AUDIO but for the critical 20 second testimony extract, click HERE
Only the FDIC can resolve this. However for HOA’s looking to move their accounts to two banks knowledgeable in HOA’s, and doing it right, just email firstname.lastname@example.org