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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We have a contract with a Resident Agent (who also happens to be a Board member but not an officer) After she signed the contract she wanted to amend it. She did not want to do some of the duties in the contract. The way she read the contract, this duties were not part of the contract. The paragrahp in contentsion reads "Answer all calls on Maple Crest Condominium Association Business line and respond appropriately by providing information, referring the call, making appointments, etc.

The resident agent (Who has been working as "manager" for over a yr) long story on manager name. does not want to be involved in any maintence and housekeeping aspects of the job. The other members of the Board interpret respond accordingly to mean she should at least email the person who is directly responsible for the maintence and housekeeping.

I thoght I had a copy of the Residents Agent wording, but either I did not get one or misplaced it. I think I did not get a copy as all my Board items are in one place. I know I did not know about the increase requested until the Board meeting.
This has been typical for our Association. Come to the meeting. Here it is. Vote on it.

Anyway she wants an increase of $150.00. Can a contract be amended after it is signed?
RogerB (Colorado)
Posts: 5,067
Posted:
Bonnie, the answer is yes. All agreements can be amended IF BOTH PARTIES AGREE IN WRITING TO THE CHANGES.

The first article in all of our management agreements is:
I ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. No variance or modification thereof shall be valid and enforceable except by supplemental agreement in writing.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Of course, if all parties to the original contract agree to the amendment. Naturally, new negotiations would be required, and the amendment would need to be put in writing and signed by all the parties. Then, it would be made part of the original contract.
PetunkaM (Florida)
Posts: 1,009
Posted:
Bonnie,

It sounds like a poorly written contract leading to some misunderstanding. But, being on the Board and having a contract with the association may not always be a good idea to begin with. But again I do not know what the Agent’s responsibilities really are and if some of her decisions or recommendations would require a vote by the BOD? Would she abstain on all issues? I have seen one instance when the board member was also a maintenance manager and he basically made sure his friends were taken care of first. Human nature, I guess. Florida State now prohibits any board member to financially benefit in any way from the association and therefor such contract would be viewed ‘illegal’ in the Sunshine state.
BradP (Kansas)
Posts: 2,640
Posted:
contracts are binding but can be amended by agreement of both parties, sounds like everyone is in agreement here

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