Homeowners' Associations Fraud Prevention and Deterrence

Community associations have become more prevalent in recent years. In 1964, there were fewer than 500 such associations across the United States (At-a- Glance Look at Homeowners Associations and Conflicts). As of 2003, that number had skyrocketed to about 249,000 associations (At-a-Glance Look at Homeowners Associations and Conflicts). That number further increased to about 300,000 associations by 2010 (Ross). The majority of these entities are located in Arizona, California, Florida, Texas, Nevada, and Hawaii (At-a-Glance Look at Homeowners Associations and Conflicts). Community association members are required to pay assessments. One half of these monthly assessments were between $100 and $200 in 2003 (At-a-Glance Look at Homeowners Associations and Conflicts). In 2003, the total annual revenue of United States associations was between $30 and $35 billion dollars (At-a-Glance Look at Homeowners Associations and Conflicts). Due to the large revenue inflows, lack of controls, and an atmosphere of trust, these organizations are susceptible to fraud. Lapses in control relate to issues of a lack of segregation of duties, check writing policies, detective controls such as budgets, and other related controls. Limited fraud controls are sometimes a byproduct of the atmosphere of trust. This atmosphere of trust is probably in part a result of the association's communal orientation as association members can assume that their neighbors have the community's best interest in mind. But this is not necessarily the case. Fraud is an activity which, in 2006, cost United States businesses approximately $652 billion dollars (DiNapoli 2). On average, the cost to protect organizations from fraud and abuse is estimated at between five and seven percent of their annual revenue (DiNapoli 2) (Ratley 8). This thesis explores best practices that small and large community associations can employ to deter such fraud. First, this thesis provides background information regarding community associations, including their structure and surrounding laws which are pertinent to understanding their relationship with fraud prevention. Next, fraud basics are discussed to address the motivation, organizational attributes, and personal characteristics common to this act. Then, examples of community association fraud are discussed to underscore the importance of establishing anti-fraud controls. Finally, best practices are discussed to help community association members and directors enact policies to curb this costly act.