Julie,
Welcome to the forum. Are you currently serving on your Associations Board of Directors?
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Posted By JulieB9 on 02/11/2014 5:58 PM
Our property has changed through the years
When you say changed, do you mean that new amenities were added or that the make up of the community has changed (more renters than owners, etc.)?
Quote:
Posted By JulieB9 on 02/11/2014 5:58 PM
our property management is not doing a good job in working with the board
Can you provide some examples of what you mean by that statement?
As Glen pointed out, you need to remember that the property manager(PM)/management company (MC) works for the Board and within the confines of your Associations governing documents, applicable laws and the terms of their contract with the Association.
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Posted By JulieB9 on 02/11/2014 5:58 PM
and [the PM} lacks resources and laws on how to deal with owners who rent their homes
I'm not sure what you mean by this statement. Typically you deal with non-resident owners the same way you deal with resident owners. You communicate in writing (so their is a record) and hold the member accountable as authorized in your governing documents and/or applicable State laws, County Codes and City Ordinances.
Financial resources are typically born by the Association via the terms established in the contract with the PM/MC.
If the resource you are talking about is the time required, then the Board needs to hold the PM/MC accountable as outlined in the contract. Another option is for the Board to perform more of the work themselves, ask for volunteers from the membership to assist or hire additional contractors for specific purposes.
As for applicable laws, that is an issue you will need to raise with your local or State representative.
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Posted By JulieB9 on 02/11/2014 5:58 PM
and [the PM/MC] lacks resources and laws on how to deal with . . . homeowners who are delinquent on there HOA fees
The procedure on how to deal with owners of delinquent accounts is established by your Board of Directors and/or governing documents. The key here is to have a solid policy and, allowing for common sense, sticking to the policy.
As Glen pointed out, this may be more of an issue with the Board than with the PM/MC
Our policy is:
30 days - letter
60 days - letter
90 days - certified letter
90+ days - notice of agenda item to escalate collection efforts
within 7 days of meeting - certified letter on results of meeting
30 days after notice of results - issue sent to attorney and lien placed on property
Common Sense - Board decides if Association should foreclose on lien
Note: I say common sense because every situation is different and if a member is paying something (what they can afford) vs. another member paying nothing, then common sense would say to work with the member who is trying to pay their debt.
Quote:
Posted By JulieB9 on 02/11/2014 5:58 PM
and [the PM/MC] lacks resources and laws on how to deal with owners who . . . are a nuisance to the community.
Typically, your CC&Rs have some language about members not doing activities that are considered a nuisance to the community. The CC&Rs and other governing documents typically contain a procedure on how to enforce the covenants. Please note that covenants can be enforced by the Association
OR any member.
Therefore, if the nuisance is enough of a nuisance to you, you may always exercise your authority granted by the CC&Rs and bring legal action against the member to bring the activity into compliance.
Typically, a PM/MC is only the first step in the enforcement process. They verify a violation exists and sends out the first notice. After that, the Board must make decisions on how they wish (or if they wish) to proceed.
Perhaps, if you can provide some examples of the activity that is causing a nuisance, better advice and different options can be provided.
Quote:
Posted By JulieB9 on 02/11/2014 5:58 PM
What is a correct way to seek out new management.
1) Read the contract between the PM/MC and the Association. There might not be cause to break the contract and you simply need to let the contract run out. Additionally, there may or may not be an auto-renewal clause that requires specific notice x days in advance of the intent to not renew. Therefore, it is imperative that the Board reads and understand the existing contract. When in doubt, seek a legal opinion.
2) Identify the duties and tasks the Board wants the PM/MC to handle. Be sure to read your governing documents to make sure that the task can be delegated. Note: Even though tasks may be able to be delegated, the responsibility for the tasks being completed still rests with the Board.
3) Write down what you have decided in a statement of work.
4) Using what you have written in step three, send this document to as many MC/PMs you can to solicit bids.
5) Check the references, licensing (if required) and insurance of those who responded. You might also want to check with the BBB and/or do an internet search on the company.
6) Select the top 3-5 candidates and set up interviews with the entire Board or a committee established by the Board.
7) Weigh the pros/cons, risks/benefits of each of the top candidates and enter into contract with one of them.
Note: this is the same process you would do with any contractor not just for MC/PM.
Hope this helps,
Tim