Reporting Violations to the Property Manager

Started by MikeR • 4 replies • 1731 views

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MikeR (Utah)
Posts: 68

Posted:

I live in a HOA of private homes and we have been instructed by the Property Manager that he won't drive around our neighborhood (65 homes) looking for those who break rules. He says if we see someone breaking the rules we should send him a letter and he will notify the homeowner in writing. About 5-6 years ago we hired this PM specifically to enforce our CC&Rs so that no one person in the neighborhood would have to be an enforcer. My question is... Is there any legal reason way a PM cannot do this job without involving the homeowners or the Board? He also indicates that he needs our letter to document for legal purposes in the event that the problem ends up in court. Could this true?

PeterD3 (Florida)
Posts: 708

Posted:

Our EX-PM tried to say the same thing despite the wording in this contract. He was just lazy.

We sent him down the road.

New PM takes care of all of that and this adds a bit of objectivity to the (possible) violation observation.

DanielH1 (California)
Posts: 482

Posted:

I agree with the other responder. Your manager is lazy.

He's just making up nonsense. He could write his own letter and testify in court (which it hardly ever happens).

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MikeR on 02/14/2011 3:06 PM

Is there any legal reason way a PM cannot do this job without involving the homeowners or the Board? He also indicates that he needs our letter to document for legal purposes in the event that the problem ends up in court. Could this true?

It depends on the contract between the Association and the Board as to if this is the responsibility of the PM.

He might be looking for a letter that covers him if he trespasses on someones property to do an investigation. Our Association's Attorney recommended that any inspections be done from the common area and that we should not enter the homeowners private property (inspecting the progress of an approved design change is different).

MikeR (Utah)
Posts: 68

Posted:

We are talking about violations that can be seen from the street. Right now we have a neighbor that is storing a semi-truck and trailer in is driveway side yard. The PM also asks that you put your name and number on your letter. One neighbor did this and within a few days received a nasty letter back from the person he was turning in for storing a boat in his driveway.

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