Finding 31937 (2022-001)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
$1
Year
2022
Accepted
2023-09-28
Audit: 31440
Organization: Rmc Tooele Property, LLC (UT)
Auditor: Wsrp

AI Summary

  • Core Issue: Funds were distributed prematurely without confirming positive surplus cash at the required fiscal periods.
  • Impacted Requirements: This violates HUD guidelines for the Section 232 Insured Mortgage, which mandate distributions only after demonstrating surplus cash.
  • Recommended Follow-Up: Management should revisit the regulatory agreement to ensure compliance with surplus cash calculations and distribution timing.

Finding Text

SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Finding No. 2022-1: Finding Resolution Status: Ongoing Information on Universe Population: Not applicable Statement of Condition: Management distributed funds before surplus cash was demonstrated at the end of the annual and semi-annual fiscal periods. Criteria: In accordance with HUD guidelines and requirements regarding the Section 232 Insured Mortgage, distributions may only be made after the end of any annual or semi-annual fiscal period, and when positive surplus cash is demonstrated. Effect: Noncompliance with HUD program guidelines. Cause: Management did not follow the established policies or HUD regulations because of the timing of when they believed surplus cash was available. Recommendation: We recommend that management review the regulatory agreement of how surplus cash is calculated and timing of when a distribution is allowed. Management should ensure if net positive surplus is calculated it is only distributed at annual or semi-annual intervals. Auditor non-compliance code: Z - Other Amount of questioned costs: $129,000.00 Reporting views of responsible officials: Management has reviewed the loan requirements and will ensure that excess cash will not be pulled from the Project except as allowed under the Section 232 guidelines and at annual or semi-annual intervals. Concur or Do Not Concur with this finding: Concur Auditor's summary of the auditee's comments on the findings Management has reviewed the loan requirements and will ensure that excess cash will not be pulled from the Project except as allowed under the Section 232 guidelines and at annual or semi-annual intervals.

Corrective Action Plan

CORRECTIVE ACTION PLAN ? Not-for-profit Entity Project Legal Name: RMC Tooele Property, LLC HUD Project No.: 105-43073 Audit Firm: WSRP, LLC Period covered by the audit: Year Ended December 31, 2022 Corrective Action Plan prepared by: Name: LaMar Bangerter Position: CFO of Supporting Entity Telephone Number: (801) 397-4051 1. Finding 2022-1 a. Current Findings on Schedule of Findings, Questioned Costs and Recommendations. During the year ended December 31, 2022, management distributed funds before surplus cash was demonstrated at the end of the annual and semi-annual fiscal periods. In accordance with HUD guidelines and requirements regarding the Section 232 Insured Mortgage, distributions may only be made after the end of any annual or semi-annual fiscal period, and when positive surplus cash is demonstrated. b. Actions Planned on the Finding. During the year, excess cash was distributed from the Project to pay for expenses incurred by the parent on behalf of the project as well as the Parent?s own operating expenses. Management has reviewed the loan requirements and will ensure that excess cash will not be pulled from the Project except as allowed under the Section 232 guidelines and at annual or semi-annual intervals. Additional training was provided to the cash manager and a new process was put in place to ensure transfers don't happen in this bank account.

Categories

Questioned Costs Cash Management HUD Housing Programs Reporting Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 608379 2022-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
14.129 Mortgage Insurance_nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities $13.93M