Management Company CEO/President - Convicted Felon

Tell her to hire another management company immediately.
Jeanne

What about these credentials? CMCA, AMS? Wouldn't a felony conviction have disqualified this person?

First of all, let me thank you all so very much.

Credentials were post-conviction. I've also learned this individual professes to have graduated from a major university and that is also false. What organization would be appropriate to report this type of thing?

I went to the AZ Dept of Real Estate and I can't find anyone in this company that has a real estate license.

While I would not want someone with a check-forgery conviction managing my HOA, the most important question is whether there is any fraud NOW. Seems to me the first step here would be an audit.

Not sure if any agency would take meaningfull action in reagrds to the complaints your daughter seems to have.

Having a criminal record or having been charged with domestic violence is not a crime to my knowledge.

I would wonder when the supposed forgery took place? Within the last 10 years or longer? Was it related to their business and the money of an HOA?

Not sure how the OWNER/CEO of the company plays a direct role on your daughter's property. Do they take an active day to day role in the operaions of that property? Do they have check writing abilites on the HOA's accounts? If they do it should not be so in any situation.

And IF the complaints your daughter has comes to be true should those who might also work for this compnay be made to suffer because of the actions of the owner? My question is what type of job is the MC doing in managing that property? How long have they served the community. And for what reason did you daughter begin a background check on the owner/CEO?
Did she conduct such a search on anyone else? Board members, neighbors??

You do not need a real estate license in Arizona to manage an HOA. He would need a broker's license to manage apartment rentals or house rentals, but the convicted felon can handle HOA business all day without any licenses of any type. He does not even need a sales tax license as Arizona does not tax services.

I am concerned with our President who is always defending our Property Mgr.
Pres. emailed me when I got on the Board to tell me I sent the PR too many emails. Always has an excuse for the PR.
We just had an annual meeting and even though everyone knows the PR is not walking the property once a month as his contract says, he gets away with it. Pres. told owners that we are very happy with the PR performance and he is doing an excellent job. Even though 1 month ago I had to call the owner of the company because of a serious issue with a mentally ill man living in one of the townhomes that his mother owns and the PR would not come to see the conditions I explained to him on the phone until his boss got the attorney involved. Now I am the enemy of the Pres. & PR. I wonder if this Pres. got his townhome Free or he made an Investment like me and others?
I am greatly concerned and do not know what to do.

BellaM2 FL

It is surprising to me that with limited information some have decided the MC should be terminated. Does the OP's daughter have actual copies of the court records? Do they detail what in fact happened? What was the charge? Were they convicted? What was the sentence? When was this? Did it involve monies from HOAs?

Now as to the suggestion the MC could walk away with the property's money. Well if the Board leaves in place that possibility and allows the MC or some staff member of the MC to do so firing anyone with any criminal record won't prevent that.

Not sure on all properties but we have fidelity coverage that would pat off in the event someone acted in a criminal manner stealing the property's funds.

Again, what is the MC's job performance like? How long have they been there? Any other issues?

To suggest the time has come to terminate the MC with what we have been told is IMO a little premature.

And if not have you run checks on all the people working in your MC's office if not why?

I am sorry Bella but from the information you have provided sounds to me like you might have assumed the role of the bull in the china closet. The does not work for you as an individual.
More than likely they don't sit in their office waiting to address what you might view as an urgent matter day to day. Perhaps the President attempted to suggest you tap your brakes and take a step back.

How many times did you e-mail the MC? Over what period of time? Concerning what?

And why would YOU feel it necessary to call the owner of the MC regarding so situation YOU determined was urgent or an emergency? You reported it and you should allow them to take what action they deem necessary.

Sounds to me like you have determined the MC should act when you say so. Respond when you determine something needs to be addressed ASAP. If not in your opinion there is a problem.

My suggestion sit back, let them do the job they are paid for and understand what you might consider to be a pressin problem just might not be one or might not involve the HOA.

How long have you served on your Board?

Bella,

You should start a new thread rather than diverting this thread. This is because the issues are different enough and the laws in Stats vary that other readers may become confused by the advice offered.

You can start a new topic by clicking the words "add new topic" right above the blue bar that says topics.

EdL:
Don't be so sure this individual actually has the CAI credentials he says he has. Go on the CAI web site and see if he is listed as having those credentials.
Just last year a management company in Maryland, whose president lied about his CAI credentials, was co-mingling all accounts and forging financial statements. The company closed down taking the funds of over 100 associations with them. The associations have sued to get the money back but now the homeowners can't sell their properties because of the law suit.
Again, advise your daughter to mobilize the community to insist the board find a new management company.
Jeanne

Ed,

Collection agencies must be licensed by the Arizona Department of Financial Institutions. Their website is located at http://azdfi.gov/index.html.

The Arizona Department of Real Estate has nothing to do with licensing collection agencies just as it has nothing to do with licensing HOA management companies.

The basis of the lawsuit you referenced is that some HOA management companies have taken on the role of collecting delinquencies without being licensed as collection agencies.

Some of Jon's points & questions are important, Ed. It seems as though you may have jumped the gun a bit in reaching certain conclusions.

Jeanne suggests going to see if the MC Prez is certified by CAI. CAI, Ed, is the Community Association Inst., a national org. Our Prop. Mgr. has a couple of certificates from them.

Our MC is very large and there's no way the Pres/CEO would sign checks.