Protect your condominium community against fraud

The following guest post is by Athena Mailloux, a fraud examiner at ZAP Consulting Limited. Athena shares some practical solutions to help condo directors keep their new years’ resolution to be vigilant against fraud.

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Whether you are a large business corporation or a sole proprietorship you can never be too cautious when it comes to protecting against fraud. Condominium corporations have no less of a responsibility in protecting against fraud than a publicly traded company. In fact, condo corporations are often relatively small, close-knit communities that may lack stringent internal controls and thus be more susceptible to fraud.

Organizations such as condo corporations need to be even more vigilant for deception and fraud in the wake of the recent economic downturn. A Google search for “condo fraud” returns an almost endless list of fraud instances in condo communities, many of which could have been prevented by simple due diligence and good corporate governance. The fraud instances listed range from fabricating invoices for maintenance and repair work to illegally selling parking spaces and misappropriating trust funds. Frauds were committed by employees, members of the board of directors as well as vendors taking advantage of an opportunity to defraud the condo corporation.

It is important to remember that the cost of protecting against fraud often outweighs the damage resulting from it. For example, it typically costs less than $100 to obtain a background check (with consent) on a potential employee, member of the board of directors or vendor, whereas the damage done by a fraudulent employee, director or vendor may far exceed that amount.

The following simple, cost-effective internal controls can go a long way in protecting your condo community from fraud.

Accounting and Finance

1.  Use a secure, password-protected accounting system to track transactions. This type of software can be purchased off the shelf at any retail office supply store. The corporate auditor should be the only one with the “accountant” password.

2.  Set up all corporate financial accounts to require two signatures for all transactions including cheques. Often it is wise to have one of the signing authorities be a board member and the other the property manager.

3.  Cheques used by the corporation should be of the pre-numbered variety. Cheques should be locked away when not in use.

4.  Wherever possible expenses should be paid for by cheque.

5.  Avoid issuing corporate credit cards. If corporate credit cards are in use, carefully scrutinize each transaction on credit card statements.

6.  Depending on how active your condo corporation is, set up a policy that all cash transactions (no matter how small) must be recorded daily and deposited either daily or weekly.

7.  Keep a petty cash amount on hand for emergencies. Often less than $50 is sufficient. Track all usage of these funds through “petty cash slips”.

8.  Any investments of corporate funds should be made through a reputable and licensed broker. All investments should be purchased in the name and address of the condo corporation only and no other names should appear on the instrument.

9.  Financial statements should be presented to the board of directors on a monthly basis. It is the responsibility of the board to satisfy themselves that the statements accurately reflect the condo corporation’s financial status.

Hiring and Contracting Process

Ensure that you have a competitive hiring process in place. Interview or invite bids from at least three separate people or corporations. Once you have narrowed down the selection process to the three top candidates, get their consent (in writing) to perform a due diligence check, which may include any or all of the following:

  • Criminal background check
  • Credit check
  • Previous work experience
  • Reference(s)
  • Driver’s License Verification
  • Any other type of due diligence that may be required.

Insurance

The condo corporation and its manager should have adequate fidelity insurance policies in place that cover all employees, management and the board of directors. What counts as adequate insurance may be debatable, but a good rule of thumb is to insure at least up to the value of all funds and assets that could be at risk. Obtain legal and financial advice to make sure the condo corporation has proper coverage.

Be Proactive

Adequate measures to prevent and protect against fraud are essential for every organization, including condo corporations. Failure to have such measures in place can lead to disastrous consequences and potentially huge losses for your condo community. The benefits of adequate protection against fraud far outweigh the costs.

Ask questions to help prevent fraud

It has been a while since we’ve heard a story of a big fraud in the local condo scene. We like to think that better education and more vigilant accounting and auditing may have reduced instances of fraud in recent years, and that might be true. It might be more true, however, that the current economic climate may increase the likelihood of a fraud taking place or improve the odds of detecting an ongoing fraud.

Attorney Mark Payne of the Colorado Homeowners Association Law Blog cites the recent case of the chief financial officer of a family-run property management firm in Virginia who stole $3 million from 350 homeowner associations. The Washington Post reports that the culprit confessed to the crime and was sentenced to 5 ½ years in prison and ordered to pay restitution. He also faces IRS action over undeclared income and criminal prosecution for a bizarre police chase and gunfight.

Mr. Payne then provides some simple but essential suggestions to help minimize fraud and recommends that all associations vigilantly protect against director conflicts of interest and carry fidelity insurance to ensure recovery in cases of theft. These are all good suggestions and are worth revisiting during these difficult times. Read the entire blog entry here.

Directors of any condo corporation should also ask their auditor from time to time whether reasonable systems of checks and balances are in place at their corporation to help prevent fraud and whether existing systems have remained effective over time. Unit owners have the opportunity to ask the auditor those same questions at the annual general meeting each year but no one does, maybe because it seems impolite or appears to question the integrity of the board or manager.

Questions about fraud prevention are both legitimate and important, and owners should be asking them. If weaknesses or problems in the financial management of the condo are detected, they can be addressed. Failing to ask the simple questions may result in a problem going undetected, leaving your corporation vulnerable to misfeasance and preventable financial loss. Being vigilant is more important now than ever.

Remember to check out the recently-revised Auditing and Accounting Guidelines for Ontario Condominiums, which we discussed earlier this year and posted here.

New guidelines for condo financial accounting and auditing

The Institute of Chartered Accounts of Ontario has announced the release of an important document entitled Accounting and Auditing Guidelines for Ontario Condominium Corporations.

This publication is the first major revision of the Institute’s audit guidelines for condominium corporations since 2001 and incorporates recent changes in accounting practice and the requirements of the Condominium Act, 1998. According to the Institute:

The result is a comprehensive guide that promotes best practices for the industry. It details considerations for both accounting and audits that range from budgeting and financial statements to tax issues and reserve funds.

Members of the committee that drafted these guidelines include the most prominent auditors on the local condo scene. Most have audited the books of hundreds of condo corporations and face the unit owners at dozens and dozens of annual general meetings each year. These folks know their stuff. 

This guide will be a valuable resource for any condominium manager, director, unit owner or professional who wants to better understand accounting principles and best practices for audit procedures for Ontario condominium corporations.  In addition to being written in no-nonsense plain English, it also includes a preferred specimen presentation for financial statements.

The full document is available for free download here.