BOD President hires partner/roommate as Courtesy Officer

I live in a 232 unit condominium in Georgia.

We are a gated community and have really not had much of a problem with crime.

The board president recently hired his partner/roommate as a courtesy officer. I looked through our past minutes and see no mention of this being voted on at any of our monthly board meetings. None of the owners were ever told of this hiring. I happened to find it in our 2015 budget when I was looking at it.

Also, some of the owners were told he is a bonifide police officer. He isn't, he is employed by the police department, but not as an officer.

The courtesy officer is being paid a salary of $1475.00 per month. I have asked our managment company why this was necessary and how many hours and days this person works monthly. They refuse to answer my question, saying it is none of my business. I also asked if he was hired as an employee of our association or as an independent contractor. Again, none of my business. What worries me, if god forbid, that he would be injured by a criminal. who is responsible for hospital bills, lawsuits, etc. Again, they refuse to answer my questions.

Also, our dues increased $12.00 a month, which I am guess is to pay his salary. Is there anything that can be done about this. It seems to me that the board president has done this for his own good, not the good of the Condominium complex. Especially since none of the owners knew this job position even existed.

If a majority of the board approved this, either explicitly, or as part of the approved budget, then it could be considered proper. I assume you aren't on the board? Assuming your board meetings are open, have you gone to one and asked about this? The management company works for the board and reports to them, they might not want to get in the middle of this. If enough owners are unhappy enough with this situation, then maybe it's time for them (and you) to gather support and get themselves on the board next election so you can have the association run more the way you want it to.

Sorry had a computer glitch... A HOA should never ever never ever combine neighborhood watch type activity with the HOA. It' a bad idea and adds liability onto everybody. Travon Martin anyone??? That HOA was sued for a few million dollars...

It is okay to have security like cameras, secured gates, and security guards paid out of the HOA budget as professional contracted services. However, once it goes it is coming out of the HOA budget for actual insurance and requires Tax forms to claim employee. That is a concern.

You may want to point out that it is YOU and your neighbor' business. ALL HOA expenses are. It's you and your neighbor's money. My concern is that the MC telling you none of your business. They get paid by you and you neighbor's money. I think you all have a right to view the records. Something that needs to be reminded of your board and MC. The board is elected to represent the HOA members as a whole. The money they spend is NOT theirs but EVERY MEMBER's money. The MC is hired by the HOA board as a contractor to help manage the money. They are NOT members of the HOA and act only when instructed by the board.

Good luck... I have been there with my own crooked person... Not saying this is crooked. Just saying that the situation does deserve some questioning.

To NPS.

We have one other employee who is called the porter. He runs the trash compactor, picks up litter, that kind of general maintenance stuff.

Barbara, my comment is predicated on the very small amount of information in your post.

This situation does not pass a "smell" test. There may be a legitimate reason to hire someone for such duties, but, depending upon how your association operates, it should have been put out to bid.

Above all, no officer/board member should have been, or be involved with in any way, the hired employee, once, twice, or thrice removed.

to BillH

I don't know how else to give more details about this. I only knew about it because I saw it on our 2015 annual budget. As I mentioned before, there is nothing in our minutes for the past 6 months showing there was even a vote on this by the BOD.

Barbara:

I think you need to gather more information before you form your opinions.

You speculate the $12 increase per month is to cover the cost of this hire. Those numbers don't work out.

Do you have monthly board meetings? Do you attend? If not perhaps you should start?

My guess you do not.

And to be clear the MC told you "it was none of your business" or is that what you heard them say. Not the answer I would expect from any professional service provider.

And just what is your history with the board if any? How about the MC have you dealt with them in the past?

As you don't know at this point when this person was hired, who did the hiring, was it board approved, was there a need for these services, what is the rate of payment, what their dutires would be, how many hours they work for the $1,400 per month, hard to determine good, bad or indifferent.

Barbara,
I do understand your suspicions, IMO further investigation is warranted. But I do think you need to be very careful before any accusations are to be made, get all the facts first. Like JonD said gather more information before forming opinions. If this truly is a case of wrong doing don't let it slide.

It is clear to me Barbara has a lot more to this story.

How does Barbara know the President hired his whatever?
She states it was not mentioned in the minutes.
My guess the name and relationship to the President would not be noted in the budget where she claims she discovered this.

Hopefully, Barbara's source is not the neighborhood rumor mill.

Again, make the time to attend your next meeting and request an explanation rather than making accusations. Don't want to end up with egg on your face.

Barbara,

I agree with others who say that there is likely more to this story.

However, the questions I think you should be asking are:

1) To see a copy of the contract (salary may be redacted).
2) To have the Association certify that 1099-misc. are being issued if the individual is an independent contractor.
OR
3) To have the Association certify that a W-2 is being issued, employer taxes are being paid and workers compensation insurance is being paid.

It's possible that, if the Association is not doing 2 or 3 above, that the rest of the Board will see this as an issue and stop the practice (especially since I suspect the individual would be classified as an employee).

If you think that the income isn't being reported, you can always contact the IRS.

Also had cataract surgery recently. You'll most like read just fine tomorrow, but all of your friends will look older and you see the dust on your baseboards!

tim's idea are good especially if GA permits H/Os to read executed contracts.

When your eyesight is better, maybe you can become courtesy officer ... lol
Nice outcome. Congrats.

Nice, Barbara! If only the ex prez appointed this courtesy officer, and your governing documents say that Boards should vote on contracts, then (I'm not in the legal profession). I'd say the "contract" with the C.O is voidable--the Board can get out of it.

John,

I had asked the same question to the management company. On our 2015 budget, it says On Site Personnel - then Courtesy Officer. I guess it is a fancy word for a security officer. But then as I said the person isn't any real kind of officer, lol.

jonD

In answer to your first question, my neighbor was walking his dog one night and was approached by a man also walking, with a jacket that said security on it. My neighbor asked him who he was and what he was doing. He gave him his name and said he was the security guard.

Our board meetings are not open meetings. You have to request permission to attend one, and the last time I requested to do that I wasn't given an answer for 3 months.

Yes I do have a low opionion about the board president. For example, last year at our Annual meeting he told everyone if there were any problems in the complex to email him and gave his email address. A few months later(a renter) was moving in above me. Our documents do not allow rentals. I emailed him to tell him another illegal renter was moving in and he replied with a very nasty email calling me names and telling me to mind my own business, that he was not the Condominium Police. And, he has been very nasty to other owners, not just me.

I had nothing to do with the way other owners voted. My guess is they can see what kind of person he is.

Our financial report from December shows the courtesy officer was paid $1475.00 for the month of December.

Yes I have served on the board about 6 years ago.

Our annual meeting is open, but as far as the montly BOD meetings you have to request permission to attend.

Our bylaws say nothing about this.

This is what they say

REGULAR MEETINGS
The Board of Directors shall meet regularly each month at 7pm. No notices shall be required for such regular monthly meeting of the board of directors.

There is nothing said about owners having to ask or be able to attend a meeting and nothing saying that they are open meetings.

I couldn't find anything about open meetings.

Barbara, even if your own documents are silent about whether or not H/Os may attend Board meetings, surely your state laws say SOMETHING. Look it up!!!

Uh-oh. I see Jon replied only with reference to Member (Homeowner) meetings.

What you want to look up, Barbara, is whether members (H/Os) may attend meetings of the Board!! It's probably near the section that Jon cited of the GA HOA Act.

This is from an attorney-authored blog called "GA HOA & Condo law." the undated article is "Behind Closed Doors...."

In a nutshell, apparently Boards are not required to hold "open meetings" in GA, Barbara. The authors, however, point out that:

"Generally speaking, conducting closed meetings of the Board is not in the best interest of the Board members or the Association. People tend to expect the worst if information is kept from them. Rather, a Board should be encouraged to have open meetings so member can observe and learn what the Board is doing. By allowing owners to attend meetings, Boards encourage owners’ enthusiasm to learn about the operation of the Association and help to develop new potential Board members and volunteers."

They, then, agree with BillH & JerryD, who replied to your post, Barbara.

Your situation, I'd say, is a perfect example of what CAN (not will) happen, when Boards make decisions in secret. If GA lets H/Os inspect signed contracts, try that to see if you or the new Board can get rid of this "officer."

Remember to take Tim's advice too!

Good idea to pass the a article on to the new Board. Maybe they'll actually let you homeowners in on their decision-making processes!

Meantime, do request a copy of the contract for the c. officer. But you might have to check GA laws again to see if you're entitled to executed contracts.