Finding 42464 (2022-002)

Significant Deficiency Repeat Finding
Requirement
B
Questioned Costs
$1
Year
2022
Accepted
2023-09-28
Audit: 39155
Auditor: M Group LLP

AI Summary

  • Core Issue: The Company distributed $61,764 more than its available surplus cash, violating HUD regulations.
  • Impacted Requirements: Surplus cash calculations must be performed at mid-year and year-end as per the HUD regulatory agreement.
  • Recommended Follow-Up: Management should ensure compliance with the regulatory agreement and has already repaid the excess amount; consider hiring a new property management company.

Finding Text

Finding #2022-002: Section 223(a)(7) HUD Insured Loan CFDA 14.135 (AAMHA KPTP, LLC HUD Project No. 115-35652). Type of Finding: Significant Deficiency. The Company had surplus cash available for distribution of $28,824 at December 31, 2021. The Company made distributions of $45,294. At June 30, 2022, the Company had no available surplus cash and made distributions of $45,294. The Company made distributions in excess of surplus cash totaling $61,764. See Section II for more information. Finding #2022-002: Section 223(a)(7) HUD Insured Loan CFDA 14.135 (AAMHA KPTP, LLC HUD Project No. 115-35652) Type of Finding: Significant Deficiency Condition: The Company had surplus cash available for distribution of $28,824 at December 31, 2021. The Company made distributions of $45,294. At June 30, 2022, the Company had no available surplus cash and made distributions of $45,294. The Company made distributions in excess of surplus cash totaling $61,764. Criteria: The HUD regulatory agreement requires Management to calculate surplus cash at mid-year and year-end to determine the amount of surplus cash available per the regulatory agreement. Questioned amount: $61,764 Effect: The Company is in violation of the terms of the HUD Regulatory Agreement governing surplus cash distributions. Cause: Timing of surplus cash calculation and owner distributions. Repeat Finding: Yes Recommendation: 2022-002a: We recommend management review the Regulatory Agreement to ensure they are familiar with all the terms of the agreement. 2022-002b: At December 31, 2022, there was no available surplus cash. We recommend Alamo repay $61,764 to the Project?s operating account. Management?s View: Management is in agreement with the finding. Management has re-evaluated the current property management company due to the repeat finding and has plans to hire a new management company effective July 1, 2023. Auditor?s Comment: On March 28, 2023, Alamo repaid $61,764 to the Project. Finding 2022-002 Cleared.

Corrective Action Plan

CORRECTIVE ACTION PLAN Name and Number of the Project: AAMHA KPTP, LLC HUD No. 115-35652 Audit Firm: M Group, LLP Audit Period: The year ended December 31, 2022 Compliance Review B. COMMENTS ON FINDINGS AND RECOMMENDATIONS We concur with the findings and recommendations of our auditors regarding our noncompliance as cited in the accompanying Schedule of Findings and Questioned Costs. ACTIONS TAKEN FINDING 2022-002: Section 223(a)(7) HUD Insured Loan, CFDA 14.135 CORRECTIVE ACTION COMPLETED: Management will review the HUD Regulatory Agreement to ensure compliance governing surplus cash calculation and distributions. On March 28, 2023, Alamo repaid $61,764 to the Project. Finding 2022-002 Cleared. We have prepared the corrective action plan as required by the standards applicable to financial statements contained in Government Auditing Standards and by the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards. Any questions regarding the above corrective action plan should be directed to Brandi Vitier, Board Member.

Categories

Questioned Costs HUD Housing Programs Significant Deficiency Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 42465 2022-001
    Significant Deficiency
  • 42466 2022-001
    Significant Deficiency
  • 42467 2022-003
    Significant Deficiency
  • 42468 2022-001
    Significant Deficiency Repeat
  • 618906 2022-002
    Significant Deficiency Repeat
  • 618907 2022-001
    Significant Deficiency
  • 618908 2022-001
    Significant Deficiency
  • 618909 2022-003
    Significant Deficiency
  • 618910 2022-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
14.135 Mortgage Insurance_rental and Cooperative Housing for Moderate Income Families and Elderly, Market Interest Rate $6.90M
14.155 Mortgage Insurance for the Purchase Or Refinancing of Existing Multifamily Housing Projects $3.17M
14.239 Home Investment Partnerships Program $816,795
14.218 Community Development Block Grants/entitlement Grants $800,650
21.000 Capital and Expendable Grants $325,044
14.267 Continuum of Care Program $147,042
14.871 Section 8 Housing Choice Vouchers $18,942
21.019 Coronavirus Relief Fund $13,118