An association’s board of directors has the affirmative duty to:
- Review a current reconciliation of the association’s operating accounts on a monthly basis; (Civ. Code § 5500(a).)
- Review a current reconciliation of the association’s reserve accounts on a monthly basis; (Civ. Code § 5500(b).)
- Review, on a monthly basis, the current year’s actual operating revenues and expenses compared to the current year’s budget; (Civ. Code § 5500(c).)
- Review, on a monthly basis, the latest bank account statements for both the association’s operating and reserve accounts; (Civ. Code § 5500(d).)
- Review an income and expense statement for both the association’s operating and reserve accounts on a monthly basis; (Civ. Code § 5500(e).)
- Review, on a monthly basis, the check register, monthly general ledger, and delinquent assessment receivable reports; (Civ. Code § 5500(f).) and
- Review the association’s most recent reserve study on an annual basis in order to consider and implement any necessary adjustments to the board’s analysis of the HOA’s reserve account requirements. (Civ. Code § 5550(a).)
Notwithstanding the above, the board has the duty to adhere to any more stringent financial review requirements that may be contained in the association’s governing documents. (Civ. Code § 5500.)
Financial Review by Board Independent of Board Meeting
The financial review requirements of Section 5500 discussed above may be met when every individual member of the board, or a subcommittee of the board consisting of the treasurer and at least one other board member, reviews the documents and statements described in Section 5500 independent of a board meeting, so long as the review is ratified at the next board meeting and that ratification is reflected in the minutes of that meeting. (Civ. Code § 5501.)
Related Topics
Related Statutes
Related Links
AB 2912 Signed! Significant Changes to HOA Financial Review and Insurance Requirements
Published on HOA Lawyer Blog (September 20, 2018)
AB 1101 Signed! Welcome Clarity to HOA Financial Protection Requirements – Published on HOA Lawyer Blog (October 2021)