Finding 504119 (2024-001)

Material Weakness Repeat Finding
Requirement
P
Questioned Costs
$1
Year
2024
Accepted
2024-10-30
Audit: 326540
Organization: The Towers LLC (MN)

AI Summary

  • Core Issue: Unauthorized management fees were charged due to changes made without HUD approval.
  • Impacted Requirements: The HUD Regulatory Agreement mandates prior approval for changes in management agents and fees.
  • Recommended Follow-Up: Management must secure HUD approval before implementing any future changes to management agents or fees.

Finding Text

Federal Agency - U.S. Department of Housing and Urban Development Office of Housing - Federal Housing Commissioner Assistance Listing Number 14.134 - Mortgage Insurance - Rental Housing Category of Finding - Unauthorized management fees Criteria - The HUD Regulatory Agreement requires HUD approval for any changes in the management agent of the Project and/or management fees charged to the Project. Condition - The Project signed a new management agreement effective July 1, 2022. The agreement is with a new management company that is wholly owned by the previous management company, and also increases the management fees charged to the Project. These changes have not been approved by HUD. Cause - The Project was required to make the change in management companies due to updated requirements for assisted living facilities required by the State of Minnesota. Management began the process of requesting HUD approval for these changes but did not receive approval from HUD before making the changes. Effect - The Project was not in compliance with the Regulatory Agreement. Identification of Repeat Finding - 2023-001 Questioned Costs - $15,930 Recommendation - Management should ensure that HUD approval is obtained before making any changes in management agent or management fees.

Corrective Action Plan

2024-001 - Management Fees Name of contact person - Vicky Dwyer, CFO, Great Lakes Management Company Corrective action - Management began the process of requesting these changes from HUD prior to when the changes went into effect, working through the mortgage company. However, due to turnover at the mortgage company, the request for approval by HUD was never sent to HUD. As a result, management is now currently in the process of working with HUD, the mortgage company, and ownership’s lawyer to obtain all necessary approvals. Proposed completion date - Management has put in the necessary requests with HUD and the mortgage company to receive the necessary approvals, and the finding will be corrected once HUD has issued its approval or other response to management.

Categories

Questioned Costs HUD Housing Programs

Other Findings in this Audit

  • 1080561 2024-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
14.134 Mortgage Insurance_rental Housing $7.78M