5/29/2020 6:21:23 PM
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Section 5: OPA Board Subject: Parks and Board Out of Control Msg# 1084517
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Ken,
SBA's role was played out, good or bad it is what it is. Are you following DoJ and the Treasury Dept actions? What I am concerned about is how this situation is reflecting on us as a community. The board decided to ignore members' opinion, Joe's poll result called for returning the cash, and does the complete opposite by voting to keep the money. Joe's commentary "Parks and OPA Board out of Control" sums it up very well. Did you see this news from last week on the DoJ's action" "DOJ Reportedly Issues PPP-Related Subpoenas to Banks" Slobodan
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For reference, the above message is a reply to a message where: 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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