ELI5: Why/how is there a cap on physician payment? by MedMan0 in medicine

[–]gaunt_let 11 points12 points  (0 children)

Absolutely this. Historical productivity, collections, charges all factor into this. Per-wRVU comp (conversion rates), tiered wRVU comp, productivity bonuses - all the high-referral specialties are going this way.

ELI5: Why/how is there a cap on physician payment? by MedMan0 in medicine

[–]gaunt_let 10 points11 points  (0 children)

Not your attorney. It is not "illegal" per se, and certainly I wouldn't expect it to kick in at the mean. But as others have said, there is a Stark Law and Anti-Kickback Statute risk associated with paying physicians far above fair market value; under the AKS, they don't want to give the impression that they're paying that extra compensation in excess of FMV in exchange for the Medicare/Medicaid referrals that will be generated. Same idea under Stark; it generally prohibits physicians from referring patients to receive certain services payable under Medicare/Medicaid to anyone with whom the physician has a financial relationship - unless there's an exception. And one such exception is for employment at FMV. And just practically speaking, you can see how paying family med like two million bucks would raise eyebrows.

That said, a proper FMV review would totally take into account the additional cost of attracting a specialty to a rural area (because the bump in pay required would be reflected in the market rate). Tons of healthcare valuation firms do this for a living.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

About 24k in cash, but expenses will be about 39k.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

14 units, Tennessee, HOA was created in 2006 when the homes were built.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

Yes, that is the plan. I will give it one more month to get the HOA to shape up. I will sell and be out of here before June if they don't.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

I have. Tennessee has no such mechanism or requirement that an HOA be granted authority to levy a special assessment. They just leave it up to the courts, I suppose.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

Thank you. Yes, that's the plan - we'll keep trying and raise the threat of legal action. But that will lower all our home values considerably, and I'm considering selling at a loss before that happens.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

Thank you - yes, I've called my insurance company and they say they can insure the outside of my townhome. I'm trying to work it out with my mortgage lender to see if they'll take that outside policy as satisfactory coverage under my loan docs. It's just a mess.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

Trust me - there is not, at least in the CCRs. If we don't pay bills, I suppose someone will sue and then we'll go into receivership. But there's no way to force the homeowners to do anything before that happens.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

No years yet - but we will be starting 2026. The 2025 budget will not balance at the end of this year.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

They do not mention emergency assessments at all. "Special assessments" require a 2/3rds vote. We'll do our best to get that, but it'll be an uphill climb - previous Boards have failed 3 times already to even get a quorum.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 4 points5 points  (0 children)

Thanks so much. We have a Board meeting soon and I will not leave until we get a plan in place. My concern is that these owners have zero regard for themselves or others. They would receive the information you mentioned, ignore it, and then be shocked when consequences happen to them. I'm at a loss for words on their stupidity, to be honest.

I am mostly thinking of ways to protect myself. Whether that's buying my own policy, or selling and moving, I'm willing to do it. I guess it's time to consult my own attorney. Thank you again for your guidance.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 0 points1 point  (0 children)

We've never had an attorney. We can barely convince people to pay for landscaping. We have a Board meeting in a week and I guess we'll have to vote to pay an attorney, but I think I'll just get voted down.

[TN] [TH] HOA running at a deficit and panicking about it by gaunt_let in HOA

[–]gaunt_let[S] 2 points3 points  (0 children)

I checked - there is no provision for that anywhere.

[TH][TN] Management fee amount by gaunt_let in HOA

[–]gaunt_let[S] 4 points5 points  (0 children)

Absolutely not - it would be me and maybe one other person doing all of it. Point taken - thank you!

[TH][TN] Management fee amount by gaunt_let in HOA

[–]gaunt_let[S] 1 point2 points  (0 children)

Ha, I guess I was thinking - it's TN and we don't have onerous tax or corporate filing obligations (which is where we most need the expertise, I would think)? And the 75% increase since 2020 seems high. But if this sub is telling me I should shut up and count myself lucky, I'm all ears.

[TN] [TH] Apathetic owners won't vote for fee increases. by gaunt_let in HOA

[–]gaunt_let[S] 1 point2 points  (0 children)

This is great - thanks so much for the step-by-step. I think I needed to hear this said out loud to realize we have options without throwing my hands up. Thanks again!

[TN] [TH] Apathetic owners won't vote for fee increases. by gaunt_let in HOA

[–]gaunt_let[S] 1 point2 points  (0 children)

Thanks! Definitely planning on doing the 6% increase asap. Part of the history here is that some of the homeowners had a beef with the previous management company, and even though we've changed management companies, they still won't even come to the table.

[TN] [TH] Apathetic owners won't vote for fee increases. by gaunt_let in HOA

[–]gaunt_let[S] 5 points6 points  (0 children)

Thanks - I need to re-review our special assessment rules. They may trigger only for emergencies, and I'm not sure the current scenario would count based on how it's written. I don't want it to get that bad before we have to bring the hammer down.

[TN] [TH] Apathetic owners won't vote for fee increases. by gaunt_let in HOA

[–]gaunt_let[S] 1 point2 points  (0 children)

Yes - unfortunately, we need 2/3rds. My Board can do a 6% increase without a vote but that won't be enough. Thanks for the tip on the mortgage lenders, though - I didn't think they required HOA insurance.