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HomeMy WebLinkAboutCF Realtors Audit Dec 2023 Cape Fear REALTORS and Affiliates Consolidated Financial Statements For the Years Ended December 31, 2023 and 2022 Cape Fear REALTORS and Affiliates CONTENTS PAGE INDEPENDENT AUDITOR’S REPORT – CONSOLIDATED FINANCIAL STATEMENTS 1-3 CONSOLIDATED FINANCIAL STATEMENTS  Consolidated Statements of Financial Position 4  Consolidated Statements of Activities and Changes in Net Assets 5  Consolidated Statements of Cash Flows 6  Notes to Consolidated Financial Statements 7-22 SUPPLEMENTARY INFORMATION  Consolidating Statements of Financial Position 24  Consolidating Statements of Activities and Changes in Net Assets 25  Consolidating Statements of Cash Flows 26 Earney & Company, PLLC, 710 Military Cutoff Road, Suite 250 Wilmington, NC 28405 T: (910) 256 9995, F: (910) 256 2829, www.earney.com INDEPENDENT AUDITOR’S REPORT To the Board of Directors of Cape Fear REALTORS and Affiliates Opinion We have audited the accompanying consolidated financial statements of Cape Fear REALTORS (a nonprofit corporation) and affiliates, which comprise the consolidated statement of financial position as of December 31, 2023, and the related consolidated statements of activities and changes in net assets and cash flows for the year then ended, and the related notes to the consolidated financial statements. In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Cape Fear REALTORS and affiliates as of December 31, 2023, and the changes in their net assets and their cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Consolidated Financial Statements section of our report. We are required to be independent of Cape Fear REALTORS and affiliates and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of the consolidated financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. In preparing the consolidated financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Cape Fear REALTORS and affiliates’ ability to continue as a going concern within one year after the date that the consolidated financial statements are available to be issued. - 2 - Auditor’s Responsibilities for the Audit of the Consolidated Financial Statements Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the consolidated financial statements. In performing an audit in accordance with generally accepted auditing standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the consolidated financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Cape Fear REALTORS and affiliates’ internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the consolidated financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Cape Fear REALTORS and affiliates’ ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. - 3 - Report on Consolidated Comparative Information We previously reviewed Cape Fear REALTORS and affiliates’ 2022 consolidated financial statements and in our conclusion dated June 15, 2023, stated that based on our review, we were not aware of any material modifications that should be made to the 2022 consolidated financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. We are not aware of any material modifications that should be made to the consolidated comparative information presented herein as of and for the year ended December 31, 2022, for it to be consistent with the reviewed consolidated financial statements from which it has been derived. Report on Supplementary Information Our audit was conducted for the purpose of forming an opinion on the consolidated financial statements as a whole. The consolidating supplementary information on pages 24 through 26 is presented for purposes of additional analysis and is not a required part of the consolidated financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the consolidated financial statements. The information has been subjected to the auditing procedures applied in the audit of the consolidated financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the consolidated financial statements or to the consolidated financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the consolidated financial statements as a whole. Wilmington, North Carolina June 11, 2024 Cape Fear REALTORS and Affiliates Consolidated Statements of Financial Position As of December 31, 2023 (Audited) and 2022 (Reviewed) The Accompanying Notes are an Integral Part of these Consolidated Financial Statements - 4 - 2023 2022 ASSETS Current Assets Cash & cash equivalents 4,420,895$ 2,164,005$ Accounts receivable 31,266 1,164,892 Inventory 8,546 4,912 Prepaid expenses & other assets 170,786 371,338 Total Current Assets 4,631,493 3,705,147 Assets Whose Use is Limited (Note 5) For property replacement 805,245 805,245 For operating purposes 293,635 293,635 Total Assets Whose Use is Limited 1,098,880 1,098,880 Property, net (Note 2) 6,160,774 6,247,954 Total Assets 11,891,147$ 11,051,981$ LIABILITIES & EQUITY Current Liabilities Accounts payable 327,058$ 287,075$ Dues collected in advance 740,997 668,102 Current maturities of long-term debt 806,506 265,743 Total Current Liabilities 1,874,561 1,220,920 Long-term debt, net (Note 6) 1,255,464 2,055,071 Total Liabilities 3,130,025 3,275,991 Equity Net assets without donor restrictions 8,728,174 7,664,131 Net assets with donor restrictions 32,948 111,859 Total Equity 8,761,122 7,775,990 Total Liabilities & Equity 11,891,147$ 11,051,981$ Cape Fear REALTORS and Affiliates Consolidated Statements of Activities and Changes in Net Assets For the Years Ended December 31, 2023 (Audited) and 2022 (Reviewed) The Accompanying Notes are an Integral Part of these Consolidated Financial Statements - 5 - 2023 2022 OPERATING REVENUES Membership 861,231$ 843,535$ MLS access & related 3,506,408 3,497,937 Commercial access 374,311 349,382 Continuing education 19,031 15,895 Sir Tyler terrace 171,429 124,133 Sir Tyler lease 179,154 87,887 Realtor service center, net 5,124 2,764 Contributions 4,545 5,824 Total Operating Revenues 5,121,233 4,927,357 LESS: DIRECT EXPENSES MLS access & related 834,282 819,088 Sir Tyler terrace 29,203 24,814 Sir Tyler lease 9,827 24,428 Total Direct Expenses 873,312 868,330 Gross Margin 4,247,921 4,059,027 OPERATING EXPENSES Salaries 1,039,674 958,848 Payroll taxes & benefits 244,006 211,826 Occupancy 190,971 204,114 Board & committee 55,477 53,717 Maintenance, net 82,365 (380,018) Staff travel 188,446 142,507 Legal & accounting 109,838 207,777 Office & administrative 730,415 689,571 Key expense 207,298 217,473 Depreciation 310,194 318,592 Total Operating Expenses 3,158,684 2,624,407 Net Operating Profit (Loss)1,089,237 1,434,620 NON-OPERATING INCOME (EXPENSE) Foundation income (loss) 26,011 (18,925) Interest income 13,646 - Interest expense (67,127) (76,780) Investment income (loss) 133,985 (204,612) Net Non-Operating Income (Expense) 106,515 (300,317) Net Income (Loss) Before Income Taxes 1,195,752 1,134,303 Provision for income taxes (210,620) (141,815) Net Income (Loss)985,132 992,488 Equity, Beginning 7,775,990 6,783,502 Equity, Ending 8,761,122$ 7,775,990$ Cape Fear REALTORS and Affiliates Consolidated Statements of Cash Flows For the Years Ended December 31, 2023 (Audited) and 2022 (Reviewed) The Accompanying Notes are an Integral Part of these Consolidated Financial Statements - 6 - 2023 2022 Cash Flows From Operating Activities Cash received from members & others 6,512,699$ 3,899,959$ Cash paid to suppliers & employees (3,875,419) (3,572,287) Net Cash Provided (Used) By Operating Activities 2,637,280 327,672 Cash Flows From Investing Activities Cash received (paid) for property & equipment (224,372) (693,803) Investment proceeds reinvested 15,723 - (Funding) spending assets whose use is limited 87,102 (262,121) Net Cash Provided (Used) By Investing Activities (121,547) (955,924) Cash Flows From Financing Activities Debt proceeds - 535,000 Principal payments of debt (258,843) (394,666) Net Cash Provided (Used) By Financing Activities (258,843) 140,334 Net Increase (Decrease) in Cash 2,256,890 (487,918) Cash & Cash Equivalents, Beginning 2,164,005 2,651,923 Cash & Cash Equivalents, Ending 4,420,895$ 2,164,005$ Reconciliation of Net Income (Loss) to Cash Provided (Used) By Operating Activities: Net income (loss) 985,132$ 992,488$ Adjustments to Reconcile Net Income (Loss) to Net Cash Provided (Used) By Operating Activities: Depreciation & amortization 311,551 322,088 Unrealized (gain) loss on investments (102,825) 262,121 (Increase) Decrease in: Accounts receivable 1,133,626 (1,161,737) Inventory (3,634) (7) Prepaid expenses & other assets 200,552 (155,628) Increase (Decrease) in: Accounts payable 39,983 60,857 Dues collected in advance 72,895 7,490 Net Cash Provided (Used) By Operating Activities 2,637,280$ 327,672$ Supplemental Disclosure Interest paid 109,337$ 48,731$ Income taxes paid 210,620$ 141,815$ Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 7 - 1. ORGANIZATION AND BASIS OF CONSOLIDATION The accompanying consolidated financial statements include Cape Fear REALTORS (the “Association”); Cape Fear REALTORS MLS, Inc. (“MLS”); Sir Tyler Development, LLC (“Sir Tyler”); and Wilmington REALTORS Foundation (the “Foundation”), as well as the commercial realtor division of MLS and the Association, Realtor Commercial Alliance of Southeastern North Carolina (“RCA”), collectively referred to as the “Organization.” These entities are related through ownership, control, and financial interdependence and are required to be consolidated under generally accepted accounting principles. Accordingly, intercompany transactions are eliminated upon consolidation. The Association is a non-profit corporation organized in North Carolina, under Section 501(c)(6) of the Internal Revenue Code, to encourage cooperation among realtors and improve business conditions in the real estate field in the Wilmington, North Carolina area. Membership includes both residential and commercial realtors. Total membership was 3,526 for 2023 and 3,633 for 2022. The Association includes the results of operations for Duplin- Sampson Association of REALTORS and Laurinburg Board of REALTORS Inc. (collectively referred to as the “County Associations”), which were acquired in 2015 via a merger transaction. MLS is a wholly owned subsidiary of the Association and is a North Carolina for-profit corporation organized in 1987 to provide monthly MLS services to agents and brokers in the Wilmington, North Carolina area. Certain employees of MLS perform services for the Association, which reimburses MLS based on time spent. Sir Tyler is a real estate partnership owned jointly by MLS (75%) and the Association (25%), which owns a 25,000-square-foot building occupied by both. The partnership facilitates the repayment of the building debt (see Note 6). See also Note 11 regarding a construction defects legal matter. The Foundation is a 501(c)(3) organization with a mission of providing resources to create housing opportunities for a better quality of life in the community. The Foundation is considered a controlled corporate affiliate, as the Association’s Board of Directors appoints 7 of the 13 members of the Foundation’s Board of Directors. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 8 - 2. SIGNIFICANT ACCOUNTING POLICIES Basis of Presentation The Organization prepares its consolidated financial statements in accordance with generally accepted accounting principles promulgated in the United States of America (U.S. GAAP) for not-for-profit organizations using the accrual basis of accounting. Accordingly, revenues are recognized when earned and expenses are recorded when incurred. Annual renewal membership dues are recognized as revenue in the calendar year when applicable membership services are provided. Initial membership dues and initiation fees are recognized as revenue in the membership year when applications are approved. MLS access revenue is recorded monthly as billed. The significant accounting policies followed are described below to enhance the usefulness of the consolidated financial statements to the reader. Use of Estimates The preparation of consolidated financial statements requires management to make estimates and assumptions that affect the reported amounts of revenues and expenses during the reporting period and the reported amounts of assets and liabilities at the date of the consolidated financial statements. On an ongoing basis, the Organization’s management evaluates the estimates and assumptions based upon historical experience and various other factors and circumstances. The Organization’s management believes that the estimates and assumptions are reasonable in the circumstances; however, the actual results could differ from those estimates. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 9 - Net Assets The consolidated financial statements report net assets and changes in net assets based upon the existence or absence of restrictions on use that are placed by its members or donors as follows: Net Assets Without Donor Restrictions – Net assets available for use in general operations and not subject to donor- (or certain grantor-) imposed restrictions. The governing board has designated net assets for an operating reserve from net assets without donor restrictions. Net Assets With Donor Restrictions – Net assets subject to donor- (or certain grantor-) imposed restrictions. Some donor-imposed restrictions are temporary in nature, such as those that will be met by the passage of time or other events specified by the donor. Other donor-imposed restrictions are perpetual in nature, where the donor stipulates that resources be maintained in perpetuity. Temporary donor-imposed restrictions are released when a restriction expires, which is when the stipulated time has elapsed, when the stipulated purpose for which the resource was restricted has been fulfilled, or both. The following table is a summary of net assets with donor restrictions as of December 31. All are restricted for the Association, including the County Associations, and for the Foundation for the purpose of helping the community and will be released from restriction as the funds are spent for the donor-imposed restrictions. 2023 2022 Collected but Not Released: Laurinburg Board of REALTORS Inc. reserves -$ 78,461$ Community Action Fund 4,954 4,954 Feed ILM 3,228 3,228 Realtors Helping Realtors 24,766 25,216 Total Net Assets With Donor Restrictions 32,948$ 111,859$ Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 10 - Cash and Cash Equivalents For purposes of the consolidated statements of cash flows, the Organization considers all highly liquid financial assets purchased with original maturities of three months or less to be cash equivalents. This consisted of the following as of December 31: 2023 2022 Checking Association 1,002,130$ 636,328$ MLS 979,873 137,600 Sir Tyler 920,346 25,065 RCA 101,480 76,252 Foundation 37,012 67,682 Total Checking 3,040,841 942,927 Money Market Association 83,975 83,850 MLS 298,396 297,056 RCA 169,571 162,371 Foundation 10,388 10,373 Total Money Market 562,330 553,650 Mutual Funds Association 1,724,444 1,593,840 MLS 29,953 28,442 Foundation 162,207 144,026 Total Mutual Funds 1,916,604 1,766,308 Total Highly Liquid Financial Assets 5,519,775 3,262,885 Less: Assets whose use is limited (1,098,880) (1,098,880) Net Cash & Cash Equivalents 4,420,895$ 2,164,005$ Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 11 - Fair Value Measurement The Organization reports its fair value measures using a three-level hierarchy that prioritizes the inputs used to measure fair value. This hierarchy, established by U.S. GAAP, requires that entities maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. The three levels of inputs used to measure fair value are as follows: Level 1 – Quoted prices for identical assets or liabilities in active markets to which the Organization has access at the measurement date. Level 2 – Inputs other than quoted prices included in Level 1 that are observable for the asset or liability, either directly or indirectly. Level 2 inputs include:  quoted prices for similar assets or liabilities in active markets,  quoted prices for identical or similar assets or liabilities in markets that are not active,  observable inputs other than quoted prices for the asset or liability (for example, interest rates and yield curves), and  inputs derived principally from or corroborated by observable market data by correlation or by other means. Level 3 – Unobservable inputs for the asset or liability. Unobservable inputs should be used to measure the fair value to the extent that observable inputs are not available. The primary use of fair value measures in the Organization’s consolidated financial statements is the recurring measurement of investments (Note 4). Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 12 - Accounts Receivable Accounts receivable are shown at their net realizable value. In June 2016, the Financial Accounting Standards Board (“FASB”) issued guidance (FASB ASC 326) which significantly changed how entities will measure credit losses for most financial assets and certain other instruments that aren’t measured at fair value through net income. The most significant change in this standard is a shift from the incurred loss model to the expected loss model. Under the standard, disclosures are required to provide users of the financial statements with useful information in analyzing an entity’s exposure to credit risk and the measurement of credit losses. The Organization adopted the standard effective January 1, 2023. The Organization’s allowance estimate is derived from a review of its historical losses based on the aging of receivables. The estimate is adjusted for the Organization’s assessment of current conditions, reasonable and supportable forecasts regarding future events, and other factors deemed relevant by the Organization. Based on experience, management has determined that an allowance for credit losses of $0 is reasonable for December 31, 2023 and 2022. The impact of the adoption of the standard was not considered material to the financial statements. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 13 - Property Property is recorded in the consolidated statements of financial position at cost. Property is capitalized if it has a cost of $2,500 or more and a remaining useful life when acquired of more than one year. Repairs and maintenance that do not significantly increase the useful life of the assets are expensed as incurred. Buildings and improvements are depreciated using the straight-line method, while the 200% declining balance method is used for office furniture, equipment, and technology. Depreciation is not provided for land. The following is a summary of the estimated useful lives of the assets: Buildings & improvements 20-40 years Office furniture & equipment 7 years Technology 5 years Land, buildings, and equipment are reviewed for impairment when a significant change in the asset’s use or another indicator of possible impairment is present. No impairment losses were recognized in the consolidated financial statements in the periods presented. The following is a summary of property accounts as of December 31: Accumulated 12/31/2023 12/31/2022 Cost Depreciation Net Book Value Net Book Value Land 1,800,780$ -$ 1,800,780$ 1,800,780$ Buildings & improvements 5,494,795 1,489,365 4,005,430 3,364,784 Office furniture & equipment 1,133,548 909,494 224,054 611,602 Technology (computers & electronic equipment) 379,705 249,195 130,510 41,304 Net Subtotal 8,808,828 2,648,054 6,160,774 5,818,470 Other - - - 429,484 Total Property, Net 8,808,828$ 2,648,054$ 6,160,774$ 6,247,954$ Membership Revenue Recognition Revenue is recorded as services are provided to members and participants. Accordingly, collection of memberships for future month’s services or fees collected in advance are shown as a liability (dues collected in advance) in the accompanying consolidated statements of financial position. Revenues are recognized when earned. Program service fees and payments under cost- reimbursable contracts received in advance are deferred to the applicable period in which the related services are performed or expenditures are incurred, respectively. Contributions are recognized when cash, securities, or other assets; an unconditional promise to give; or a notification of a beneficial interest is received. Conditional promises to give are not recognized until the conditions on which they depend have been substantially met. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 14 - Income Taxes As organizations described in Sections 501(c)(6) and 501(c)(3) of the Internal Revenue Code, the Association and the Foundation, respectively, are exempt from federal income taxes on income from activities directly related to their exempt purpose. All activities of MLS, including its net rental income, are subject to federal and North Carolina income taxes and appropriate provisions have been made. Traditionally, no deferred tax provisions have been required since timing differences are not significant. Sir Tyler is a limited liability company which is taxed as a partnership. As a partnership, Sir Tyler does not pay federal or North Carolina corporate income taxes on its taxable income nor is it allowed a net operating loss carryover or carryback as a deduction. Instead, the partners (the Association and MLS) include their respective shares of Sir Tyler’s net operating loss or taxable income in their individual federal income tax returns. Each Organization’s income tax returns are subject to examination and adjustment by taxing authorities generally for three years after the extended due date. Management believes this includes returns filed after 2020. Reclassifications Certain reclassifications of amounts previously reported have been made to the accompanying consolidated financial statements to maintain consistency between periods presented. The reclassifications had no impact on previously reported net assets. Subsequent Events Subsequent events have been evaluated through June 11, 2024, which is the date the consolidated financial statements were available to be issued. Events occurring after that date have not been evaluated to determine whether a change in the consolidated financial statements would be required. No subsequent events were noted in the current year. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 15 - 3. LIQUIDITY AND AVAILABILITY OF RESERVES Financial assets available to meet general expenditures over the next 12 months are as follows as of December 31: 2023 2022 Financial Assets at Year End: Cash & cash equivalents 4,420,895$ 2,164,005$ Accounts receivable 31,266 1,164,892 Total Financial Assets at Year End 4,452,161 3,328,897 Less: Net assets with purpose restrictions to be met in less than a year 32,948 111,859 Financial Assets Available to Meet General Expenditures Over the Next 12 Months 4,419,213$ 3,217,038$ The Organization operates with a balanced budget and anticipates collecting sufficient revenue to cover general expenditures not covered by donor-restricted resources. The accompanying consolidated statements of cash flows on page 6 identify the sources and uses of cash and show positive cash generated by operations. The Organization regularly monitors liquidity required to meet its operating needs and other contractual commitments, while also striving to maximize the investment of its available funds. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 16 - 4. INVESTMENTS The Organization’s investment policy divides investment strategies into two investment categories, short-term and long-term. Allocation to each category is based on the liquidity needs of the Organization. The intent of the short-term fund investment strategy, generally the Organization’s operations, is to provide short-term liquidity and working capital for operations and other strategic purposes, with the primary strategy to be preservation of principal and income a secondary consideration. The intent of the long-term fund investment strategy, generally the Organization’s foundation, is to generate current income and maintain stability of principal. The Organization had the following investments, concentrations, and maturities as of December 31: 2023 2022 Cash & cash equivalents 794,663$ 773,642$ Bond funds 568,284 726,480 Allocation funds 946,415 657,465 Total Investments 2,309,362$ 2,157,587$ As of December 31, 2023 and 2022, all investments were considered Level 1 investments. Investment income (loss) is summarized as follows for the years ended December 31: 2023 2022 Interest & dividends 49,370$ 45,675$ Change in unrealized gains 102,825 (297,371) Realized gains - 19,970 Total Investment Income (Loss), Net 152,195$ (231,726)$ Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 17 - 5. ASSETS WHOSE USE IS LIMITED MLS and the Association’s Board of Directors have established various policies to reserve investments for certain contingencies, such as property replacement and operating cash flow needs. The property replacement reserve policy provides for the replacement of building components, equipment, and essential technology in accordance with an estimated replacement plan. The replacement costs are based on the original cost of the property being replaced. The following is a summary of the property replacement reserves as of December 31: 2023 2022 Association: Association equipment reserves 114,171$ 114,171$ Sir Tyler property reserve 538,624 538,624 Association Property Replacement Reserves 652,795 652,795 MLS: MLS equipment reserves 51,000 51,000 Sir Tyler property reserve 101,450 101,450 MLS Property Replacement Reserves 152,450 152,450 Total Property Replacement Reserves 805,245$ 805,245$ The operating purposes reserve policy recommends funding a contingency reserve equal to five months of cash expenditures. The following is a summary of the operating purposes reserves as of December 31: 2023 2022 Association reserves 269,635$ 269,635$ MLS reserves 24,000 24,000 Total Operating Purposes Reserves 293,635$ 293,635$ Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 18 - 6. LONG-TERM DEBT On September 16, 2010, New Hanover County Industrial Facilities and Pollution Control Financing Authority (the “Authority”) issued Variable Rate Recovery Zone Facility Revenue Bonds, Series 2010, with an original principal amount of $3,500,000. The Authority sold the bond to Truist and loaned the proceeds from the sale to the Association. The Association then used the funds to construct the 25,000-square-foot building now owned by Sir Tyler. The bond is guaranteed by the Association, MLS, and Sir Tyler, as well as collateralized by a deed of trust from the Association and Sir Tyler. In December 2015, the agreement was amended, and the interest rate was fixed at 3.19% for the remaining principal of $1,600,000. The general provisions of the bond indenture include maintenance of the property, paying taxes, and insurance. The bank has verified that specific financial covenants, which include the following, have been met: 1) Indebtedness to Tangible Net Worth Ratio. The Organization, on a consolidated basis, shall maintain a maximum ratio of Indebtedness divided by Tangible Net Worth of no greater than 1.50 to 1.00, to be measured annually. This ratio is calculated as follows for 2023: Indebtedness to Total Liabilities 2,591,858$ Tangible Net Worth Ratio Total Net Assets Without Donor Restrictions 8,478,963$ ===0.31 2) Debt Service Coverage Ratio. The Organization, on a consolidated basis, shall maintain a minimum Debt Service Coverage Ratio of at least 1.20 to 1.00, to be measured annually. This ratio is calculated as follows for 2023: Net income (loss) 959,121$ Add Back: Interest expense & amortization 67,545 Depreciation 310,194 1,336,860$ Debt Service: Prior year current maturities of long-term debt 265,743$ Interest expense & amortization 67,545 333,288$ Debt Service Coverage Ratio 4.01 Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 19 - The Sir Tyler bond monthly payments of $11,329 include interest and principal with the final payment due on September 28, 2030. The interest rate is fixed at 3.19%. Long-term debt also includes two promissory notes. The Sir Tyler promissory note monthly payments of $15,509 include interest and principal with a final balloon payment due in November 2027 for the full amount. The interest rate is fixed at 3.70%. The Foundation promissory note monthly payments are of interest only. Principal payment plus interest is due October 2024 for the full amount. The interest rate is a variable interest rate and based on the U.S. Prime Rate. As of December 31, 2023, future minimum payments of principal are scheduled as follows: Sir Tyler Sir Tyler Foundation Bond Promissory Note Promissory Note Total 2024 110,874$ 164,552$ 531,080$ 806,506$ 2025 114,586 170,745 - 285,331 2026 118,348 177,171 - 295,519 2027 122,233 144,995 - 267,228 2028 126,215 2,286 - 128,501 Thereafter 287,439 - - 287,439 Total 879,695 659,749 531,080 2,070,524 Less: Current maturities (110,874) (164,552) (531,080) (806,506) Less: Unamortized debt issuance costs - (8,554) - (8,554) Long-Term Debt, Net 768,821$ 486,643$ -$ 1,255,464$ Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 20 - 7. CLASSIFICATION OF EXPENSES The cost of providing the Association and MLS’s program and other activities has been summarized on a functional basis below. Total expenses for the year ended December 31, 2023 were $3,120,307. Expenses that can be identified with a specific program or support service are charged directly to that program or support service. Costs common to multiple functions have been allocated among the various functions benefited using objective bases, such as time spent, salaries, square feet, and other bases. General & General MLS Administrative Total Salaries 180,800$ 761,520$ 97,354$ 1,039,674$ Benefits 31,871 115,688 17,161 164,720 Payroll taxes 13,976 57,785 7,525 79,286 Total Salaries & Related 226,647 934,993 122,040 1,283,680 Occupancy 10,628 216,946 31,886 259,460 Board & committee 10,994 18,830 25,653 55,477 Maintenance - 47,423 - 47,423 Staff travel 37,462 113,522 37,462 188,446 Legal & accounting - 65,659 44,179 109,838 Office & administrative 151,799 557,947 65,799 775,545 Key expense - 207,298 - 207,298 Total Operations 437,530 2,162,618 327,019 2,927,167 Depreciation 21,233 171,907 - 193,140 Total Expenses 458,763$ 2,334,525$ 327,019$ 3,120,307$ 2023 Program General & General MLS Administrative Total Salaries 168,284$ 699,949$ 90,615$ 958,848$ Benefits 31,152 91,070 16,774 138,996 Payroll taxes 12,841 53,075 6,914 72,830 Total Salaries & Related 212,277 844,094 114,303 1,170,674 Occupancy 5,816 199,731 17,447 222,994 Board & committee 6,730 31,285 15,702 53,717 Maintenance, net - 42,187 - 42,187 Staff travel 24,541 93,425 24,541 142,507 Legal & accounting - 57,195 62,210 119,405 Office & administrative 141,640 526,377 67,064 735,081 Key expense - 217,473 - 217,473 Total Operations 391,004 2,011,767 301,267 2,704,038 Depreciation 4,891 196,646 - 201,537 Total Expenses 395,895$ 2,208,413$ 301,267$ 2,905,575$ 2022 Program Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 21 - General and administrative expenses include those costs that are not directly identifiable with any specific program, but which provide for the overall support of the Association and MLS. General and administrative activities include those that provide governance, oversight, business management, financial recordkeeping, budgeting, legal services, human resource management, and similar activities that ensure an adequate working environment and an equitable employment program. Resources expended for fundraising from the general public are not significant. 8. RETIREMENT PLAN Effective January 1, 2016, the Organization switched from a SIMPLE IRA employer plan to a 401(k) plan. All employees at that time were grandfathered into the new plan. The plan has an option of an employee contribution of 3%, 4%, or 5% with an employer match of 3%, 3.5%, or 4%, respectively. Employer contributions were $17,890 for the year ended December 31, 2023 and $9,044 for the year ended December 31, 2022. 9. CONCENTRATIONS OF RISK Amounts held in financial institutions are in excess of the Federal Deposit Insurance Corporation and Securities Investor Protection Corporation limits. The Organization deposits its cash with high quality institutions, and management believes the Organization is not exposed to significant credit risk on those amounts. The Organization’s revenues are almost entirely received from legal entities and individuals located in the Wilmington, North Carolina area. As such, the Organization’s ability to generate resources is dependent upon the economic health of that area and of the state of North Carolina. An economic downturn could cause a decrease in membership that coincides with an increase in demand for the Organization’s services. Cape Fear REALTORS and Affiliates Notes to Consolidated Financial Statements December 31, 2023 (Audited) and 2022 (Reviewed) - 22 - 10. RISK MANAGEMENT From time to time, the Organization may be aware of various asserted and unasserted claims. Management feels that these claims can be successfully defended and intends to resist the allegations of these matters in every way and does not plan to seek out-of-court settlements. In the event that judgments adverse to their interest were to be rendered, management feels any liability will be fully covered by existing insurance or not be material to the consolidated financial statements. The Organization is exposed to various risks of loss in the ordinary course of business as a result of torts, theft of, damage to, or destruction of assets, business interruption, allegations of liability, natural disasters, employee and officer errors and omissions, and employee workers’ compensation and medical claims. The Organization purchases commercial insurance coverage against risk of loss due to property damage and theft and various other insurable risks. The Organization carries property insurance in the amount of $3,000,000 for the building and $500,000 for personal property in 2023 with a deductible of $1,000 for all perils. The Organization carries wind and hail insurance in the amount of $2,500,000 for the building and $500,000 for personal property in 2023 with a deductible of $5,000 except for named storms, which have a 1% deductible. Excess wind and hail insurance is carried on the building in the amount of $675,000. The Organization carries an umbrella liability policy of $1,000,000. No claim payment has exceeded insurance coverage in the past three fiscal years where insurance coverage applies, subject to the deductibles and retentions noted above. 11. CONSTRUCTION DEFECTS LEGAL MATTER In 2020, Sir Tyler sued its building contractor for construction defects and resulting damages. The lawsuit sought damages in excess of $25,000. The Organization reached settlement and recognized final proceeds on November 22, 2022. The proceeds were received in February 2023. Supplementary Information Cape Fear REALTORS and Affiliates Consolidating Statements of Financial Position As of December 31, 2023 (Audited) and 2022 (Reviewed) - 24 - 2022 Eliminating Consolidated Consolidated Operations RCA Operations RCA Sir Tyler Foundation Adjustments Total Total ASSETS Current Assets Cash & cash equivalents 1,900,119$ 259,051$ 1,131,772$ -$ 920,346$ 209,607$ -$ 4,420,895$ 2,164,005$ Accounts receivable 10,020 295 20,951 - - - - 31,266 1,164,892 Inventory - - 8,546 - - - - 8,546 4,912 Prepaid expenses & other assets 18,189 - 148,225 323 4,049 - - 170,786 371,338 Total Current Assets 1,928,328 259,346 1,309,494 323 924,395 209,607 - 4,631,493 3,705,147 Assets Whose Use is Limited (Note 5) For property replacement 640,795 12,000 152,450 - - - - 805,245 805,245 For operating purposes 269,635 - 24,000 - - - - 293,635 293,635 Total Assets Whose Use is Limited 910,430 12,000 176,450 - - - - 1,098,880 1,098,880 Property, net (Note 2) 16,463 - 948,958 - 4,584,634 610,719 - 6,160,774 6,247,954 Due from (due to) 2,607,860 (239,212) 3,383,755 231,988 (5,984,391) - - - - Investment in RCA (8,276) - 231,725 - - - (223,449) - - Investment in Sir Tyler 140,121 - (2,108,972) - - - 1,968,851 - - Investment in MLS 3,642,300 - - - - - (3,642,300) - - Total Assets 9,237,226$ 32,134$ 3,941,410$ 232,311$ (475,362)$ 820,326$ (1,896,898)$ 11,891,147$ 11,051,981$ LIABILITIES & EQUITY Current Liabilities Accounts payable 111,328$ 40,410$ 168,233$ -$ -$ 7,087$ -$ 327,058$ 287,075$ Dues collected in advance 610,337 - 130,074 586 - - - 740,997 668,102 Current maturities of long-term debt - - - - 275,426 531,080 - 806,506 265,743 Total Current Liabilities 721,665 40,410 298,307 586 275,426 538,167 - 1,874,561 1,220,920 Long-term debt, net (Note 6) - - - - 1,255,464 - - 1,255,464 2,055,071 Total Liabilities 721,665 40,410 298,307 586 1,530,890 538,167 - 3,130,025 3,275,991 Equity Net assets without donor restrictions 8,515,561 (8,276) - - - 249,211 (28,322) 8,728,174 7,664,131 Net assets with donor restrictions - - - - - 32,948 - 32,948 111,859 Total Net Assets 8,515,561 (8,276) - - - 282,159 (28,322) 8,761,122 7,775,990 Retained earnings- - 3,643,103 231,725 - - (3,874,828) - - Members' equity - - - - (2,006,252) - 2,006,252 - - Total Equity 8,515,561 (8,276) 3,643,103 231,725 (2,006,252) 282,159 (1,896,898) 8,761,122 7,775,990 Total Liabilities & Equity 9,237,226$ 32,134$ 3,941,410$ 232,311$ (475,362)$ 820,326$ (1,896,898)$ 11,891,147$ 11,051,981$ 2023 Association MLS Cape Fear REALTORS and Affiliates Consolidating Statements of Activities and Changes in Net Assets For the Years Ended December 31, 2023 (Audited) and 2022 (Reviewed) - 25 - 2022 Eliminating Consolidated Consolidated Operations RCA Operations RCA Sir Tyler Foundation Adjustments Total Total OPERATING REVENUES Membership 861,231$ -$ -$ -$ -$ -$ -$ 861,231$ 843,535$ MLS access & related 6,600 - 3,546,808 - - - (47,000) 3,506,408 3,497,937 Commercial access - 61,584 - 312,727 - - - 374,311 349,382 Continuing education 19,031 - - - - - - 19,031 15,895 Sir Tyler terrace - - 171,429 - - - - 171,429 124,133 Sir Tyler lease - - 179,154 - - - - 179,154 87,887 Realtor service center, net - - 5,124 - - - - 5,124 2,764 Contributions 4,545 - - - - 121,511 - 126,056 75,164 Total Operating Revenues 891,407 61,584 3,902,515 312,727 - 121,511 (47,000) 5,242,744 4,996,697 LESS: DIRECT EXPENSES MLS access & related - - 834,282 - - - - 834,282 819,088 Sir Tyler terrace - - 29,203 - - - - 29,203 24,814 Sir Tyler lease - - 9,827 - - - - 9,827 24,428 Total Direct Expenses - - 873,312 - - - - 873,312 868,330 Gross Margin 891,407 61,584 3,029,203 312,727 - 121,511 (47,000) 4,369,432 4,128,367 OPERATING EXPENSES Salaries 278,154 - 761,520 - - - - 1,039,674 958,848 Payroll taxes & benefits 70,533 - 173,473 - - - - 244,006 211,826 Occupancy 42,514 - 216,946 - 847 4,213 (69,336) 195,184 206,238 Board & committee 35,703 944 16,627 2,203 - - - 55,477 53,717 Maintenance, net - - 47,423 - 34,942 - - 82,365 (380,018) Staff travel 68,371 6,553 98,233 15,289 - - - 188,446 142,507 Legal & accounting 44,179 - 65,659 - - - - 109,838 207,777 Office & administrative 168,660 48,938 276,939 281,008 1,870 63,741 (47,000) 794,156 734,363 Key expense - - 207,298 - - - - 207,298 217,473 Depreciation 21,233 - 171,907 - 117,054 1,357 - 311,551 319,949 Total Operating Expenses 729,347 56,435 2,036,025 298,500 154,713 69,311 (116,336) 3,227,995 2,672,680 Net Operating Profit (Loss)162,060 5,149 993,178 14,227 (154,713) 52,200 69,336 1,141,437 1,455,687 NON-OPERATING INCOME (EXPENSE) Building rent from MLS 69,336 - - - - - (69,336) - - Interest income 418 - - - 13,646 - (418) 13,646 - Interest expense - - (37,429) - (30,116) (44,399) 418 (111,526) (89,658) Investment income (loss)131,126 - 2,859 - - 18,210 - 152,195 (231,726) RCA income 5,149 - 14,227 - - - (19,376) - - Sir Tyler income (42,796) - (128,387) - - - 171,183 - - MLS income 633,828 - - - - - (633,828) - - Net Non-Operating Income (Expense) 797,061 - (148,730) - (16,470) (26,189) (551,357) 54,315 (321,384) Net Income (Loss) Before Income Taxes 959,121 5,149 844,448 14,227 (171,183) 26,011 (482,021) 1,195,752 1,134,303 Provision for income taxes - - (210,620) - - - - (210,620) (141,815) Net Income (Loss)959,121 5,149 633,828 14,227 (171,183) 26,011 (482,021) 985,132 992,488 Equity, Beginning 7,556,440 (13,425) 3,009,275 217,498 (1,835,069) 256,148 (1,414,877) 7,775,990 6,783,502 Equity, Ending 8,515,561$ (8,276)$ 3,643,103$ 231,725$ (2,006,252)$ 282,159$ (1,896,898)$ 8,761,122$ 7,775,990$ 2023 Association MLS Cape Fear REALTORS and Affiliates Consolidating Statements of Cash Flows For the Years Ended December 31, 2023 (Audited) and 2022 (Reviewed) - 26 - 2022 Eliminating Consolidated Consolidated Operations RCA Operations RCA Sir Tyler Foundation Adjustments Total Total Cash Flows From Operating Activities Cash received from members & others 956,791$ 59,746$ 3,942,180$ 313,313$ 1,163,646$ 124,023$ (47,000)$ 6,512,699$ 3,899,959$ Cash paid to suppliers & employees 24,752 (41,808) (2,940,713) (298,823) (69,874) (113,932) (435,021) (3,875,419) (3,572,287) Net Cash Provided (Used) By Operating Activities 981,543 17,938 1,001,467 14,490 1,093,772 10,091 (482,021) 2,637,280 327,672 Due to/from & intercompany investments (550,294) 14,490 11,841 (14,490) 56,432 - 482,021 - - Cash Flows From Investing Activities Cash received (paid) for property & equipment (21,389) - (168,615) - - (34,368) - (224,372) (693,803) Investment proceeds reinvested - - - - - 15,723 - 15,723 - (Funding) spending assets whose use is limited 86,671 - 431 - - - - 87,102 (262,121) Net Cash Provided (Used).. .. .. By Investing Activities 65,282 - (168,184) - - (18,645) - (121,547) (955,924) Cash Flows From Financing Activities Debt proceeds - - - - - - - - 535,000 Principal payments of debt - - - - (254,923) (3,920) - (258,843) (394,666) Net Cash Provided (Used) By Financing Activities - - - - (254,923) (3,920) - (258,843) 140,334 Net Increase (Decrease) in Cash 496,531 32,428 845,124 - 895,281 (12,474) - 2,256,890 (487,918) Cash & Cash Equivalents, Beginning 1,403,588 226,623 286,648 - 25,065 222,081 - 2,164,005 2,651,923 Cash & Cash Equivalents, Ending 1,900,119$ 259,051$ 1,131,772$ -$ 920,346$ 209,607$ -$ 4,420,895$ 2,164,005$ Reconciliation of Net Income (Loss) to Cash Provided (Used) By Operating Activities: Net income (loss)959,121$ 5,149$ 633,828$ 14,227$ (171,183)$ 26,011$ (482,021)$ 985,132$ 992,488$ Adjustments to Reconcile Net Income (Loss) to Net Cash Provided (Used) By Operating Activities: Depreciation & amortization 21,233 - 171,907 - 117,054 1,357 - 311,551 322,088 Unrealized (gain) loss on investments (86,671) - (431) - - (15,723) - (102,825) 262,121 (Increase) Decrease in: Accounts receivable (8,939) 142 (7,602) - 1,150,000 25 - 1,133,626 (1,161,737) Inventory - - (3,634) - - - - (3,634) (7) Prepaid expenses & other assets 2,024 20,023 180,927 (323) (2,099) - - 200,552 (155,628) Increase (Decrease) in: Accounts payable 65,325 (5,396) (18,367) - - (1,579) - 39,983 60,857 Dues collected in advance 29,450 (1,980) 44,839 586 - - - 72,895 7,490 Net Cash Provided (Used) By Operating Activities 981,543$ 17,938$ 1,001,467$ 14,490$ 1,093,772$ 10,091$ (482,021)$ 2,637,280$ 327,672$ Supplemental Disclosure Interest paid 109,337$ 48,731$ Income taxes paid 210,620$ 141,815$ 2023 MLSAssociation