HOA Right of Entry

JefferyB..............Are you indeed an HOA as a recorded with your Clerk of Courts ? Do you CC&R'S that were recorded at that office ? I would first say that we need to know that info first...Then maybe someone from the forum could "guide" you in your quest........ LindaC

1. Most documents say that the various covenants are separable. Just because the association was not doing its job properly is no excuse for not paying your assessments. I am sure you will be able to collect the past assessments.

2. The ARC violations are not so long standing that you couldn't come up with a due process procedure and try to enforce your covenants through that. We have entered property here, and it does get the homeowners attention! Before we did that, though, we had tried to enforce the violations through letters, hearings, assessing penalties. Then, when all else has failed, entering the property. Our attorney was pretty conservative. Of course your documents also have to say you have the right of entry.

Can't a lousy president make things go downhill fast? I would also probably want to do something to have the current board re-vote on the management company as it doesn't really seem like any of your contracts are valid -- at least I would talk to an attorney about that.

Brad's suggestion on terminating the MC by notice if that is allowed in your contract is a good one and I was going to suggest that myself but he beat me to it! However, unfortunately those contracts are written by the MC and blindly signed by HOAs so that it might be impossible to cancel. Someone wrote here recently their contract contained automatic renewals. Read yours carefully before acting. Harold

Agree with everything from above post except the "conditions" from your governing documents affecting a contract with the MC.

The contract either drafted or written by the MC is their agreement, which is often the same which is given to the HOA across the road from yours. I doubt that any HOA's governing documents would be able to "supersede" a contract. If it were deemed to have been a conflict, the MC would be harmless to that, because it was the HOA's responsibility to point out the governing document's issues with the MC contract/agreement. As such it is the responsibility of the board to assure that the documents they are signing on behalf of the HOA are "in-line" and offer no conflict to the governing documents - the MC is not responsible to review your governing documents and draft a contract which is appropriate - the board however, has that responsibility, and must negotiate those items/elements from/to the MC's agreement/contract so that they are not in violation of the governing documents.

There are some governing documents (and local, or state statutes) which limit the period of performance on an HOA contract. Most MC's will align their contracts to satisfy the maximum period under the local statute, and not the indivdual HOA's requirements.

As poster's here have stated, be very leery of "automatic renewal" contracts, UNLESS you are familiar with the T's/C's of such, and that the HOA stands to benefit (i.e. multiple year contracts should include multi-year discounts of pricing to the HOA for continued services). Also, if you are entering into a multi-year, or automatic renewal contract - read, read, and have an attorney read/review the "out" clauses that you have availablt to the HOA. You do NOT wand to be saddled with a bad contract, which the MC offers even worse service. Mostly I seek contracts which are "balanced" if the HOA fails to pay, then the MC can take "xyz" actions, and if the "MC fails to perform to a standard, then the HOA has remedies/cures to correct or cancel the contract." All too often ANY (not just MC - can be your phone service, landscaper, snow removal, etc) contracts sent to HOA's are imbalanced, and do not offer the best "outs" for poor performances.

When considering a contract one of the most important elements for me is the balance of performances.

Jadedone:
I believe you may have misinterpreted my post to Jeffrey. I was specifically stating that IMO, he is not 'stuck' with the mgmt. company for the next two years, but he should refer to the documents to learn if they speak to the assn.'s ability to give a number ? of days notice for a cancellation of the mgmt. company's contract. Also, I suggested he visit his state's documents to review same.

I was not suggesting that the overall 'conditions' from the governing documents must confirm the mgmt. contract. Thank you for your post.

The first thing I reccomend is to have the HOA "SUE" the past president for his conduct in the past! That will start the basis for what is wrong and why and how you are going to correct it. Second I would audit the books who knows what you will find!