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MaureenM1 (PA)
Posts: 344
Posted:
Our development is in the process of transitiioning from developer/builder (Builder is former President of our Association). The Developer never was involved. Anyway....we decided to conduct monthly executive board meetings while we are transitioning. Next week we are selecting an attorney to guide us through the process. We also want the attorney to help us with some unresolved issues in the development.

My question is: Is the PM from our Management Company required to be at our meetings? Since the night of the election she has taken it upon herself to arrange Executive Board Meetings which she attends. She also takes and distributes minutes to these meetings. We have a secretary on the Board to do that.

She and the Management Company was selected by the President (builder) when he had the majority of the votes and was in control of the Association. We decided to renew the contract for a year rather than look for a new management company, however, the Board feels the PM's attendance at our executive board meetings may be a conflict?

Any advice would be appreciated.

DavidW5 (North Carolina)
Posts: 565
Posted:
The PM works for and answers to the Board. If you do not want her at your meetings, then tell her so.

Management companies hired by the builder are often given very free rein to run the association's business so that the builder doesn't have to bother with it. It sounds like your PM has not yet recognized that "there's a new sheriff in town". You should sit down with the PM and be very specific as to what the new board's expectations are and what the PM's duties are to be.
RogerB (Colorado)
Posts: 5,067
Posted:
Maureen, the answer is no. But, I suggest the Board members read the management agreement to know what services the manager is being paid to perform. Usually it is prudent to have the manager at Board meetings since they can provide continuity and guidance to the Board. However, it is the Board's decision as to whether or not to have the manager at Board meeting; to provide notice of the meeting; and to take and distribute minutes.

I have attached a check list to things to do when transitioning which may be of value to you.
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MaureenM1 (PA)
Posts: 344
Posted:
thanks Roger.
SusanW1 (Michigan)
Posts: 5,202
Posted:
If you are in the "process" your meetings are not official, anyway, just organizational.

You can invite or disinvite anyone you want.
SusanW1 (Michigan)
Posts: 5,202
Posted:
PS This is a good time to go over all contracts, especially the management company, to see if you can terminate or extend the contract, for discusion purposes, only.

(I am still confused how you have a board that is meeting, if the transition is not complete.)

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