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BB8 (Florida)
Posts: 3
Posted:
This is a strange situation. Many homeowners in our community
are not happy with our property manager. They find her rude,
incompetent and condescending. She has formed an
alliance with two board members and is protected
by them in anything she does. Now, the property management
company that she works for, has contacted the board
saying they want to fire her because they have
found numerous problems in her performance, record keeping,
and she is a liability to their company as well as our
community . These board members refuse to have her
fired. The homeowners in the community know nothing about
this communication from the property management
company, since it was sent in a communication
to the board.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Are you asking a question or just venting? If you are unhappy with how your association is run, you should gather like minded homeowners and run for the board. If a majority of homeowners feel the way you do, then a new board will be elected can and can change MCs. If most people are happy with things the way they are, then accept that you are in the minority.

Escaped former treasurer and director of a self managed association.
KarenC15 (Florida)
Posts: 118
Posted:
Florida laws recently changed and PMs can be sanctioned if they do not follow statutes and community docs. If there is a problem, you should report it to the state licensing board and they will investigate. You can also rate them on any internet business sites (just be sure to state facts and your opinion as just that). You can report them to the BBB for investigation. You can also do a door to door petition to ask the board to evaluate that contract and discuss at the next meeting (20% signatures will get you on the agenda). Finally, you can do a door to door recall petition and change to board members with a new board that will re-evaluate the contract. This last might be the safest for you because the PM will retaliate if you complain.

Hatred is contagious, so one should work to avoid it.
KerryL1 (California)
Posts: 14,550
Posted:
And you know about the MC's communication because you're on the Board, BB8?

What does your contract with your MC say?? I'm pretty sure, without reading it, that ours says, in a nutshell, that the MC can transfer our PM (which has happened), and place a PM at our HOA. The MC is the PM's employer, not the Board.

So, I don't get why the PM is still there?

Btw, how many directors are there on your board? How many residences are there?
TimB4 (Tennessee)
Posts: 21,059
Posted:
BB,

The PM is an employee of the CAM. If the CAM wanted to fire their employee, that is a decision of the MC. The Board would have little if any say about it.

KerryL1 (California)
Posts: 14,550
Posted:
From another perspective, let's say those two directors can actually keep the PM from being fired somehow, AND your HOA gets into legal trouble because of the PM's poor record keeping, AND your Board has been warned about same in writing from "Experts," AND you aren't on record saying the PM should be fired, I'd say all directors could be subject to dereliction of duty charges, BB8.

(I'm not in a legal field.)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 09/10/2014 4:10 PM
BB,

The PM is an employee of the CAM. If the CAM wanted to fire their employee, that is a decision of the MC. The Board would have little if any say about it.


I agree.

The call to the BOD was a courtesy call, nothing more.

If the BOD can control the Management Company, then the Management Company should be "fired" as they are unprofessional, sissy, wimps, etc.

BB8 (Florida)
Posts: 3
Posted:
That' s exactly what I thought. It seems the PM is afraid the board will get rid of them if they don 't do what they ask.
The community needs to be made aware of what 's going on, but that's easier said than done.
BB8 (Florida)
Posts: 3
Posted:
I meant the management company.
KerryL1 (California)
Posts: 14,550
Posted:
BB8, is the mgmt. company's desire to fire your PM in writing? Have you seen it? Are you on the Board??
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The last time I checked, the MC worked FOR the HOA. The person that works for the MC is just a REPRESENTATIVE of the MC. It is up to the MC to fire THEIR employee. The MC's concerns sounds like they are more concerned of that employee's poor performance represented their company in bad light. That bad light may put them in danger of losing their contract.

What you all need to do is now put up your MC contract up for bid with 2 other bids. Take this opportunity to be competitive. You can still re-hire the existing MC with their new representative if you all choose. The MC contract should be annually anyways.

Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posted:
I smell a potential insurance problem somewhere in this situation. Tread cautiously and be sure to consult your broker about the possibility of losing coverage due to a provision that you may not know about in your insurance contract.

Sikubali jukumu. Read all posts at your own risk.

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