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HarryB5 (Florida)
Posts: 5
Posted:
I just discovered that the manager of my condominium is dating a contractor.

It does not seem to be against FL statute (Ch 718).

Just the same, it hardly seems possible that she could be an advocate for our association if a dispute arose with this contractor. She has not disclosed the relationship to the board. When questioned, she told me she only knows the contractor through business.

Maybe I'm making too much of this, maybe not.

Opinions welcome.

FredS7 (Arizona)
Posts: 927
Posted:
The proper thing to do is for your manager to (1) disclose to the board and (2) recuse from any decisions relating to the contractor.
JonD1
Posts: 2,350
Posted:
Harry...... if you look hard enough you can find evil everywhere.

Is this contractor doing work on YOUR property? And in what amounts?

My view this manager has no obligation to inform the board who they are dating and if you wish to read their contract I doubt some public disclosure clause is included regarding personal relationships. Do your board member need to explain the status of their personal relationships?

More importantly for me would be IF they are doing acceptable work at a reasonable cost.
Do you lack trust in both the contracotr and the manager to the point you now question their ability to serve your property honestly?

I would not feel comfortable appraoching someone and asking who they are dating and what their relationship is to be that would be none of your business.

Plus she answered your question politely so time to move on.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So what if they are dating? That's probably a "How they met" story in the making. I don't get why people say that it's such a huge sin that one is "friends" or related to a contractor in their HOA? Is there not the term "Family discount"? Would I want to work with a contractor I hated?

The bottom line is that one should have a friendly and good relationship with a contractor. It's none of my business if that involves dating, married, or relative. What matters is the WORK. Do they do the job and do they do it well? I invited anyone in our HOA to submit bids. The process is still the same. The best of 3 bids won the contract. If that's not your process, then check into that.

I hope they are happy dating and someone like you doesn't ruin it. Everyone deserves a little happiness and companionship in their lives... Leave it alone.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Are you accusing them of "pillow talk"?
RichardP13 (California)
Posts: 1,767
Posted:
I would have to disagree with comments made here. I worked with a manager who was also the operation manager and they signed the checks for all the vendors including the individual they were dating.

So yes, they should not manage the property, nor sign the checks for that association, or any association in which this person performs work.
HarryB5 (Florida)
Posts: 5
Posted:
Thanks for all replies. Richard I tend to agree with you.

In Florida, like most other states I'm sure, the customer should have the contractor obtain lien releases from subs before payment is made. Otherwise the customer (be it association or individual homeowner) can find liens filed against their property when they thought the work was paid for.

Ie, it is not unheard of for the contractor to pay for other jobs with the proceeds from a later job. I am NOT saying it has happened here though.

What has happened is this contractor's work has been substandard.

I do not care who this manager dates, and want her to be happy. When I as association president get a quote, I tell the board how I came in contact with the bidder. I gave this manager a chance to tell me about the relationship, and she passed it up. That is not ethical behavior in my opinion.

Of course I'm old school. These days, sometimes it is anything goes.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By FredS7 on 08/12/2014 10:46 AM
The proper thing to do is for your manager to (1) disclose to the board and (2) recuse from any decisions relating to the contractor.

And for the Board to insist on competitive bids for any work that is being considered.
JonD1
Posts: 2,350
Posted:
In the end it SHOULD be the board who awards contracts not the manager.

And if this particular contractor's work is in fact substandard as you suggest I would place the blame on the board and you as the board President for allowing them to continue doing more work.

And being rather old school myself it has never been anyone's business I worked for who I was dating in my personal life.

What the line Harry one date? Two weeks? Or maybe just a casual relationship? When does that become your business as a member of an HOA
board?

People date. Sometimes they meet through their jobs old school or new school that's their business.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JonD1 on 08/12/2014 4:45 PM

When does that become your business as a member of an HOA board?

To me, it becomes Board business when there is the appearance of a conflict of interest. If there is no appearance of a conflict, then it is not the Boards business.

However, if there is an appearance, in order to clarify if the appearance is an actual conflict or not, the Board would need to know. If you choose not to answer, that's fine. However, it may cost you the opportunity to do work for the Association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Harry

I repeat:

Are you accusing them of "pillow talk"?

JonD1
Posts: 2,350
Posted:
Quote:
Posted By TimB4 on 08/12/2014 4:52 PM
Posted By JonD1 on 08/12/2014 4:45 PM

When does that become your business as a member of an HOA board?


To me, it becomes Board business when there is the appearance of a conflict of interest. If there is no appearance of a conflict, then it is not the Boards business.

However, if there is an appearance, in order to clarify if the appearance is an actual conflict or not, the Board would need to know. If you choose not to answer, that's fine. However, it may cost you the opportunity to do work for the Association.

Sorry Tim but for me there would need to be far more than an appearance. Or has it become guilty until proven innocent.

As people we all have relationships at some level. That fact alone should not suggest some evil doings by those involved.

How about rather than rudely demanding to know the relationship status of a hired service provider the members of the board exercise their duties as board members and hire qualified contractors who provide acceptable service to the community.

Our property manager has both business and personal relationships with many contractors going back decades. If and when they were to have lunch, dinner or perhaps a drink I would never assume I had the right to demand an explanation as to the nature of their relationship.
Some people are quite capable of separating their personal lives from their professional lives.

After all we are discussing an HOA not national intelligence.
KimR4 (Florida)
Posts: 33
Posted:
If you are satisfied with the management company then state your concerns to the owner of the company and request different property manager. No hand-wringing or worrying. Just do it.
HarryB5 (Florida)
Posts: 5
Posted:
Quote:
Posted By JohnC46 on 08/12/2014 5:56 PM
Harry

I repeat:

Are you accusing them of "pillow talk"?


Yes.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By HarryB5 on 08/13/2014 6:32 AM
Posted By JohnC46 on 08/12/2014 5:56 PM
Harry

I repeat:

Are you accusing them of "pillow talk"?



Yes.


Then stand up at BOD Meeting and demand something be done to rectify the problem.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By HarryB5 on 08/12/2014 9:28 AM
I just discovered that the manager of my condominium is dating a contractor.

It does not seem to be against FL statute (Ch 718).

Just the same, it hardly seems possible that she could be an advocate for our association if a dispute arose with this contractor. She has not disclosed the relationship to the board. When questioned, she told me she only knows the contractor through business.

Maybe I'm making too much of this, maybe not.

Opinions welcome.


So let's review Harry discovered the manager and contractor are dating. My question have they had lunch, dinner drinks or seen a movie?
Are they engaged? And just how serious a relationship has Harry discovered and is certain of.

He then goes on to speculate IF there would be a dispute which so far seems not to be the case then in his opinion she could not advocate for the property.
Is there not a board in place? Shouldn't their role to be advocating for the property? Or does this manager make every decision.

I asked previously what amount of work this contractor performs on the property and have yet to get an answer. I just hope Harry has more to his case than the ifs and maybes he is now consumed with.

Do you have any PROOF her role as property manager is compromising her performance or that of this contractor? Before you drag her name and reputation through the mud on appearances, discoveries and what might take place.

RichardP13 (California)
Posts: 1,767
Posted:
If the manager and contractor have no financial interest in what goes on in the association, I would say no problem. If the manager is giving jobs to the contractor or handyman, I don't care how good a job they are doing, it is a potential conflict of interest. If the same manager gives out the jobs and personally signs the association checks, that is a big red flag.
FredS7 (Arizona)
Posts: 927
Posted:
Professionals, especially professionals who make financial decisions (and the decision that a job is done and the bill should be paid is a decision) should avoid the appearance of potential conflict. This means affirmatively disclosing potential conflicts of interest.

Such is my professional opinion.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By JohnC46 on 08/12/2014 12:26 PM
Are you accusing them of "pillow talk"?


JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By RichardP13 on 08/13/2014 9:19 AM
If the manager and contractor have no financial interest in what goes on in the association, I would say no problem. If the manager is giving jobs to the contractor or handyman, I don't care how good a job they are doing, it is a potential conflict of interest. If the same manager gives out the jobs and personally signs the association checks, that is a big red flag.

ONLY THE HOA, Inc. TREASURER should be signing checks.

The checks may be PREPARED and MAILED by the manager, but the funds should be in DIRECT care custody and control of the TREASURER.

+ a two signature (usually tres. + the pres.) system would be a good idea +
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By JohnB26 on 08/14/2014 7:11 AM
Posted By RichardP13 on 08/13/2014 9:19 AM
If the manager and contractor have no financial interest in what goes on in the association, I would say no problem. If the manager is giving jobs to the contractor or handyman, I don't care how good a job they are doing, it is a potential conflict of interest. If the same manager gives out the jobs and personally signs the association checks, that is a big red flag.


ONLY THE HOA, Inc. TREASURER should be signing checks.

The checks may be PREPARED and MAILED by the manager, but the funds should be in DIRECT care custody and control of the TREASURER.

+ a two signature (usually tres. + the pres.) system would be a good idea +

The contract stipulated that the management company be the sole signers on the operating account. Contract signed by both parties.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Y'all had best be sure the 'manager' and all signatories are FULLY fidelity bonded for the funds.

Also y'all need to be notified AT ONCE by the BONDOR if said bond is terminated.

IMO: y'all are foolish, if not actually nuts

? do not your corporate by-laws require the treasurer to 'be in charge' of corporate funds ?
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By JohnB26 on 08/14/2014 8:11 AM
Y'all had best be sure the 'manager' and all signatories are FULLY fidelity bonded for the funds.

Also y'all need to be notified AT ONCE by the BONDOR if said bond is terminated.

IMO: y'all are foolish, if not actually nuts

? do not your corporate by-laws require the treasurer to 'be in charge' of corporate funds ?

English must be your second langauage.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnB26 on 08/14/2014 7:11 AM

ONLY THE HOA, Inc. TREASURER should be signing checks.

The checks may be PREPARED and MAILED by the manager, but the funds should be in DIRECT care custody and control of the TREASURER.

John,

I agree with you 100%.

However, there are many Associations who delegate that responsibility to a PM or MC. Therefore, it should be mentioned.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is a question? What if I as President or any other board member was dating a neighbor? Would you demand that disclosure??? What is it any business of yours on someones personal life? I keep mine from business anyways.

Former HOA President
JonD1
Posts: 2,350
Posted:
I can see it now. When interviewing possible property managers you ask for an undated listing of who they date or who they have any relationship with.

The problem in this situation IS NOT the possibility of the manager and contractor dating.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By RichardP13 on 08/14/2014 9:14 AM
Posted By JohnB26 on 08/14/2014 8:11 AM
Y'all had best be sure the 'manager' and all signatories are FULLY fidelity bonded for the funds.

Also y'all need to be notified AT ONCE by the BONDOR if said bond is terminated.

IMO: y'all are foolish, if not actually nuts

? do not your corporate by-laws require the treasurer to 'be in charge' of corporate funds ?


English must be your second langauage.

Actually, sir, it is my ninth.

However, the colloquialism (to coin a phrase [double pun intended]), did get your attention.

ps. bonder would be a glue or cement, bondor would be a person (as in mortgagor)


JohnB26 (South Carolina)
Posts: 1,001
Posted:
pps. ? juuuuust maybe the 'professional' managers enjoy the 'float' on the association accounts ?

like American express has the interest from your money while it sits waiting to pay the travelers cheques

British spelling for richard
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JonD1 on 08/15/2014 3:43 AM

The problem in this situation IS NOT the possibility of the manager and contractor dating.

Jon,

I disagree. In fact, it is the exact problem that was stated by the OP:

Quote:
Posted By HarryB5 on 08/12/2014 9:28 AM

I just discovered that the manager of my condominium is dating a contractor.

. . . it hardly seems possible that she could be an advocate for our association if a dispute arose with this contractor.

Now, the appearance of a conflict could have been prevented IF the Board is doing everything you, I and others are advocating (Board solicits bids for all jobs, board makes the decision as to whom to award the contract to, etc.).

The appearance could also be prevented by having the contractor not bid on projects for Associations being managed by the PM.

The appearance can also be mitigated if the PM discloses this issue to the Board if a contract is bid on by the contractor in question.

However, the fact still remains that there is an appearance of a conflict of interest from the OP's perspective. Granted, an appearance does not mean that an actual conflict exists. Additionally, if there is an actual conflict and it is disclosed, then there isn't an issue in my mind.

To Harry,

Since you seem to be concerned with the PM being an advocate if a dispute arises with the contractor, until an actual dispute occurs, you really don't know if your concern is valid or not.

If you are on the Board, simply be aware of the issue so any potential conflict can be mitigated.

If you are not on the Board, it's your choice to bring your concerns to the Board or not.

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