HOA Managing Agent but No Council?

So our HOA (12 condos) has an outsider as a "Managing Agent" who is considered the HOA President and makes a salary. The HOA Council which is supposed to be setup per the bylaws (3 members) is not. There is no council.

The President always has meetings on Mother's Day so there hasn't been a quorum I believe for a decade (from what I've been told).

I bought into the condo last June. My question is does the Managing Agent hiring continue indefinitely because of that?

The bylaws simple state
Operation of the Project may be conducted for the Council by a responsible corporate or individual managing agent who shall be appointed by the council in accordance with the Code of Regulation. The managing agent is hereby authorized and appointed to receive service of legal process on behalf of all the members of the Council, and service of process upon such managing agent shall be deemed to be sufficient service of legal process upon all members of the council.

Above that is says Section 9. Compensation of Officers: No officer shall receive any compensation for action as such. (I'm assume Managing agent is exempt)

I entirely agree with JohnB. I'm not one, but it seems that your bylaws clearly state that the "council" hires the property manger.

This thread appears to be a continuation (with new information) about an issue initially raised in a different thread. See:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/tpage/1/view/topic/postid/171087/Default.aspx#171156

I disagree. Just as Directors and Officers are two different jobs, I would expect that a PM and President would be two different jobs. If both positions were held by the same individual, they could be paid for the duties of the PM but not for the duties as President. Of course, the conflict of interest issue should be enough to derail an individual holding both positions.

Personally, I think that the membership took a back seat and, over time, the perception has become that the Managing Agent and President are the same job.

Perhaps, since Eric says that their is no Council (BOD), over time, they have actually become the same job. One way to check would be for Eric to do some research. Review and read the contract and, if the Association is incorporated, check the records at the corporation commission to see who is identified as being on the Board and in what position.

Larry,

I understand that. I consider this similar to governing documents specifying that Directors may not be paid but many saying that Officers may be paid, even if both positions are filled by the same individual.

My clarification is more if there's no council how can a mgmt agent continue to exist. Can people have appoint him (guessing 15 years ago) and without quorum at meetings or a council, he just continue to exist (and get paid)

Auto renewing contracts

Eric,

In my opinion, having a copy of the contract really isn't relevant at this point in time. What is needed is to gather support and put a Board/Council in place (as only the Board would be able to exercise the cancellation clause of the contract).

Once a Board is in place, the Board will have the authority to correct all other issues in accordance with the procedures outlined in the governing documents and applicable State laws.