Legal Question in Real Estate Law in California
embezzlement by condo association treasurer?
It's a bit embarrassing, but we're a bit stuck. We are a small
association with only 3 units and each of us is on the board.
Unfortunately, we entrusted one with being the treasurer and
he put all the bills in his actual name, not the HOA. We just
found out our balance was less than zero. He never paid the
insurance bills and we are now almost 3 years without
insurance (we just found out). The utilities were paid, but
again, we just found out we could not switch the bills to the
HOA association name. He has never paid any fees according
to the records.
We have tried multiple times to contact him to meet, he keeps
stalling. He is insisting that one specific person is at the
meetings because she is bilingual, but she is uncomfortable as
she feels threatened by the man. Her husband represents
their unit.
We've already had all our requests translated to Spanish yet
he still refuses to meet.
I've discussed this with some people who suggest a call to the
DA (they don't seem to ever answer the phone) or go to a
lawyer (may be prohibitively expensive, cost more than the
money owed).
we aren't sure how to move forward. Thanks in advance for
your time.
3 Answers from Attorneys
Re: embezzlement by condo association treasurer?
Charges are filed against him by going to the police with your evidence. Do so.
Re: embezzlement by condo association treasurer?
First inform him that the board will be having on X date an emergency hering involving a personnel matter, namely th firing of him as treasure because of his refusal to co-operate with the Board and apparent improper acts. You do not want him on the Board! prepare a written documetn form the Board as to his removal, without giving any reasons, and who the new treasuer is, go to the utilities and [sorry, I will finish the answer in a day or two as my compter is malfunctioning].
Re: embezzlement by condo association treasurer?
The Board may have some insurance that could cover the claim. A lawsuit for recovery of the funds could also be filed. We would need to review your proof and insurance policy in order to assist you further.