DianaE (Colorado)
Posts: 40
Posts: 40
Posted:
Our MC learned our HOA was going to pursue bids from new MC company, and resigned without notice. The contracts, and all documents, are in her office. How to get copy and proceed?
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MC contract and resigning without notice
Started by DianaE • 7 replies • 1390 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Start by asking for them.
After all they are Association records.
After all they are Association records.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Diana
Others will advise you how to get the records/contracts/whatever you want or eed. They are the property of your HOA not the Management Company (MC) and you are entitled to them.
That said, I love when a business fires a customer as your MC has "fired" your HOA. Nothing personal at all about you nor your HOA, but many businesses would be further ahead if they fired some of their customers. Some customers are just not worth doing business with.
Others will advise you how to get the records/contracts/whatever you want or eed. They are the property of your HOA not the Management Company (MC) and you are entitled to them.
That said, I love when a business fires a customer as your MC has "fired" your HOA. Nothing personal at all about you nor your HOA, but many businesses would be further ahead if they fired some of their customers. Some customers are just not worth doing business with.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Diana,
Pull your current management contract and check the terms of cancellation, especially the number of days needed to give a notice of termination. No ethical company will "resign" and refuse service nor hold on to your association's documents. Besides, in a business defined by contracts for service, you're within bounds to re-bid the job as long as you hold your end of the contract.
If the current company insists on not competing for your business, so be it.
Pull your current management contract and check the terms of cancellation, especially the number of days needed to give a notice of termination. No ethical company will "resign" and refuse service nor hold on to your association's documents. Besides, in a business defined by contracts for service, you're within bounds to re-bid the job as long as you hold your end of the contract.
If the current company insists on not competing for your business, so be it.
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Quote:
Posted By JohnC46 on 04/04/2012 5:18 PM
Diana
Others will advise you how to get the records/contracts/whatever you want or eed. They are the property of your HOA not the Management Company (MC) and you are entitled to them.
That said, I love when a business fires a customer as your MC has "fired" your HOA. Nothing personal at all about you nor your HOA, but many businesses would be further ahead if they fired some of their customers. Some customers are just not worth doing business with.
Diana
Others will advise you how to get the records/contracts/whatever you want or eed. They are the property of your HOA not the Management Company (MC) and you are entitled to them.
That said, I love when a business fires a customer as your MC has "fired" your HOA. Nothing personal at all about you nor your HOA, but many businesses would be further ahead if they fired some of their customers. Some customers are just not worth doing business with.
While I have no problem with companies firing customers, breaking a contract is bad business and reflects poorly on the company. I am going on the assumption that there is a 30 day notice or more required to terminate the contract and failure to give that is breech of contract. If the HOA suffers damages as a result of this breech they would be entitled to pursue the former MC in litigation.
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By DianaE on 04/04/2012 3:46 PM
Our MC learned our HOA was going to pursue bids from new MC company, and resigned without notice. The contracts, and all documents, are in her office. How to get copy and proceed?
Our MC learned our HOA was going to pursue bids from new MC company, and resigned without notice. The contracts, and all documents, are in her office. How to get copy and proceed?
It sounds like your MC is unprofessional and childish. Good riddance.
JonD1
Posts: 2,350
Posts: 2,350
Posted:
While we have few details about the circumstances more to the point how does the property move forward?
I would hope since they were exploring a MC change they made plans to make a turnover of paperwork and records. Perhaps collecting copies of all contracts, documents, unit records and the such. If not shame on them.
Now they have to hope the former MC with act in a rational manner and turn over their records fully. Some don't.
It would be nice to be provided the contract wording for termination by both parties. Not having that or the details of what has transpired between the two parties I will reserve judgment on who is at fault if any or who should be filing legal action. That really doesn't matter.
More important to set up banking, collections, service provider notifications, vender contacts, etc. etc. etc.
How you got here doesn't matter right now there is enough to do including finding a replacement.
I would hope since they were exploring a MC change they made plans to make a turnover of paperwork and records. Perhaps collecting copies of all contracts, documents, unit records and the such. If not shame on them.
Now they have to hope the former MC with act in a rational manner and turn over their records fully. Some don't.
It would be nice to be provided the contract wording for termination by both parties. Not having that or the details of what has transpired between the two parties I will reserve judgment on who is at fault if any or who should be filing legal action. That really doesn't matter.
More important to set up banking, collections, service provider notifications, vender contacts, etc. etc. etc.
How you got here doesn't matter right now there is enough to do including finding a replacement.
DianaE (Colorado)
Posts: 40
Posts: 40
Posted:
We were not terminating the MC contract, but rather looking into and exploring other companies,to make comparisons. It may have resulted in our HOA continuiing with the present company after all. We do the same for the lawn service, trash service etc, and that never bothered the MC when doing it with other services.
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