Finding Text
Assistance Listing (Federal award identification number and year): 075-11167, 2013 Auditor non-compliance code: G – Unauthorized loans from project funds Finding resolution status: In process Universe population size: The universe population size is not applicable to the finding. Sample size information: The sample size information is not applicable to the finding. Name of Federal agency: U.S. Department of Housing and Urban Development Questioned costs: $10,850 Statement of condition 2025-001: During the year ended September 30, 2025, the Company loaned funds totaling $10,850 to two other Communities under common management and affiliated with the Sole Member of the Company to help fund operating shortfalls of the other Communities. Criteria: Pursuant to Section 12 of the Regulatory Agreement (form HUD-92466M), the Company shall not, without prior written approval of HUD, withdraw any funds except from surplus cash, except for reasonable operating expenses of the Community or for distributions of surplus cash or as reimbursements of advances as permitted by Sections 14 and 15 of the Regulatory Agreement. Effect: The Company is not in compliance with the Regulatory Agreement. The Company's cash position is understated by $10,850. As such, $10,850 has been added to Line 3 of the computation of surplus cash as calculated at September 30, 2025, to not understate the required deposits to residual receipts (if any). Cause: The Company loaned funds totaling $10,850 to two other Communities under common management and affiliated with the Sole Member of the Company to help fund operating shortfalls of the other Communities. Recommendation: Management and/or the Sole Member should reimburse the Company for the funds that were loaned to the two other Communities. If there are further operating shortfalls in the future, these should be funded by Management and/or the Sole Member and not borrowed from other Communities. Management's response: Management concurs with the finding and agrees with the recommendation. On November 7, 2025, Management deposited $10,850 into the Community's operating account. No further action is required.