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Get a Handle on Your Money--Auditing the Developer’s Financials Post-Turnover PDF Print E-mail

One of the most important items on a new Board’s To Do list is to engage the services of a professional to audit the developer’s financial records, for two main reasons.

A financial audit will determine if the Association has received all of the funds due from the developer and will help you to create an accurate budget for your Association.

Association Finances Prior to Turnover

From the date of the sale of the first unit, the developer is responsible for paying assessments on the unsold units.  This includes paying in the prorated portion of the assessments due for the month of the first sale for each unsold unit. 

As the director of the pre-turnover Board, the developer is also responsible for collecting assessments from the owners and paying the bills for Association expenses.  The developer will also collect two months of assessments from each owner at closing to help fund the Association’s reserve account.

The IL Condo Act requires that the developer segregate the Association funds from his own monies at all times.  However, developers often fail to adhere to this requirement.  Association monies are often mingled with the developer’s funds and a separate Association bank account may not be established until the turnover is near.  A proper reconciliation is rarely done at that point to determine an accurate beginning balance for the Association’s account.  If the developer has never established a separate bank account for the Association, it is even more important to closely review the financial documentation provided at turnover.

Items to Consider in a Financial Audit

At turnover, the Association will either receive a check from the developer for the balance of the Association’s funds or transfer established bank accounts to the new Board.  In order to determine if the balance paid is sufficient or the current bank balances are correct, there are a number of pieces to the financial puzzle that should be reviewed:
  1. Prorated assessments due for all unsold units from the date of the first sale forward;

  2. Reserves assessments and prorated assessments collected from owners at closing;

  3. Assessments collected from unit owners and any delinquent accounts;

  4. Verification of each invoice paid for Association expenses;

  5. Developer expenses that are paid from Association funds (i.e. cleaning expenses to ready units for sale, waste removal expenses for construction debris);

  6. Deposits paid for utilities that must be returned to the Association;

  7. Reimbursements paid to the developer for Association expenses paid; and,

  8. Payments made on credit cards without documentation of individual charges.

A professional audit should take into account all possible sources of Association income and verify all Association expenses.

Benefits of a Financial Audit

The main goal of a financial audit is to determine if the Association has received all of the funds due from the developer.  The Association should also be aware that if the audit reveals that the developer overpaid the Association, those funds do not rightfully belong to the Association and should be returned.  However, if there are unfinished items in the building the Association may choose to handle them on their own using the excess funds before returning anything to the developer.

If the Association has been underpaid, the results of the audit should be communicated to the developer and the balance should be requested.  Depending on the developer, it may take some time and multiple requests to recover the funds.  If the developer does not deliver the funds the Association always has the option to take legal action.  When it comes to legal action, it is always necessary to weigh the cost and time involved against the potential benefit.

If there are unsold units in the building, the Association will have a bit more leverage to collect the missing funds.  Legal collection action for all unpaid amounts can be brought against the unsold units.  Legal fees for collection action will also be charged to the developer.

A complete financial review is important for the Association from a budgeting standpoint as well.  Developers often set assessments low in order to sell units, and a financial audit will reveal if the current assessments are sufficient to cover the Association expenses and allocate money for reserves.  The Board may find that assessments need to be increased in order to meet the Association’s financial needs moving forward.

Smaller associations may be reluctant to audit the developer's financial records if the developer still owns units in the building, as they tend to believe that this will make it more difficult to work with the developer on completing unfinished projects.  However, if these times have taught us anything, a proper accounting of financials is vital to protect your condo as an investment and more importantly as a home.  Let's not forget that if the developer does everything he says he will and does it correctly, then there should never be any difficulty or tension between the business relationship.   

 

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