5/29/2020 5:03:03 PM
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Section 5: OPA Board Subject: Parks and Board Out of Control Msg# 1084500
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OPA is 501(c)(4) biz type and those were NOT on SBA's list of eligible nonprofits.
This is evident by the Community Associations Institute (the largest HOA lobbying group) lobbying Congress to amend the PPP program to make 501(c)(4) homeowner associations eligible to apply. Look, a handful of the country's thousands of 501(c)(4) HOAs made application in the early days when SBA was slammed with millions of loan applications and most were summarily approved subject to future compliance review including HOAs checking off "Other" as a biz type. SBA gets blasted for approving loans for certain public companies and Treasury puts out an edict that all PPP loans over $2MM will be fully reviewed. SBA is sitting there with a limited staff of auditor types and realizes they can't handle the volume of loans over $2MM let alone anything under. Long and short, they put out guidance that they will not be reviewing anything under $2MM short of fraudulent companies. Lawyers reach out to SBA to ask about 501(c)(4) approved loan applicants as well as other non-conforming loan applicants (perhaps other 501(c) biz types). In my opinion SBA passes the word that they are not going to spend limited resources challenging their biz type. So, the word gets back to this handful of HOAs that they are fine. Now, you could call that "SBA approval" or you could call it damn lucky. Bottom line, its a moot point now. A segment of OPA would say that OPA management and the board fulfilled their fiduciary responsibility in leveraging the system that will result in a smaller assessment increase next year than if they had done nothing. Another segment believe this was not management or the Board's finest hour. |
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For reference, the above message is a reply to a message where: Tom, There is no reason for you to react the way you did. I simply pointed out that we have a different level of intellectual capacity. The way I would analyze / interpret the information and what I would focus on may be different from how you do it. Remember my decision tree example? It's build using sequential order (not random) listing things like PPP criteria in consecutive order with eligibility criteria being the first on the application. If you can't meet the biz type you can't apply for PPP loan, full stop. I will use your own earlier point.... You stated that I chose to ignore SBA's safe harbor provision and that such provision is pretty fatal to my further debating. SBA did clarify that borrowers who received less than $2 million in loans made the required certification in good faith, and that SBA would presume that the loan was “necessary to support ongoing operations.” However, SBA's safe harbor does NOT excuse borrowers from NOT complying with required business type eligibility. And that is what I have stressed upon from the very beggining. It's simply irrelevant if OPA needed the money or not; OPA is 501(c)(4) biz type and those were NOT on SBA's list of eligible nonprofits. Here is what SBA said about nonprofits: "While nonprofits traditionally have not been able to participate in SBA loan programs, that changed with the CARES Act. The PPP, administered by the SBA pursuant to its 7(a) business loan program, is available to Section 501(c)(3) charities or 501(c)(19) veterans organizations that (i) were operational on or before March 1, 2020 and (ii) either (A) have fewer than 500 employees (taking into account full and part-time employees and employees of affiliates) or (B) meet the SBA employee-based size standards for the industry in which they operate. On May 3, 2020, the SBA expanded the eligibility criteria to include certain nonprofit hospitals that are tax-exempt but have not been recognized as exempt under Section 501(c)(3) of the Internal Revenue Code." |
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