💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DavidF22 (New York)
Posts: 91
Posted:
As an HOA board member, I have inherited a snow removal contract negotiated by a previous board. I have some questions and would very much appreciate any advice from others with more experience.

1. The contract calls for a certain minimum amount to be paid during the season for snow removal between 2-10 inches. If, during the season, there are less than six storms of 2" or more, the association only gets about 8% of the fees returned to it. I fully understand that any snow removal company needs a retainer to keep employees at the ready in the event of a storm, but the idea that it keeps 92%+ of the entire negotiated snow removal fee during an extra-mild winter has me flabbergasted. Is this the norm?

2. The contract has no information as to who will measure the depth of a snowstorm, especially if we have to pay additional fees over 10 inches. Isn't it customary in such contracts to use agreed-upon sources, such as the National Weather Service or The Weather Channel, to determine local snowfall for the purpose of calculating any extra fees?

3. The contract has no cancellation clause for poor performance. I was wondering what others put into their contracts.

Many thanks!
RogerB (Colorado)
Posts: 5,067
Posted:
DavidF, The contracts we prepare for the HOAs we manage have no retainer. They have an hourly rate for each piece of equipment used; state either plow after 2" or 3" of snow; and have a term of 1, 2, or 3 years which includes a 30 termination clause.
JonD1
Posts: 2,350
Posted:
David

What area of NY are you located in?

We have a flat monthly fee running for 5 months.

There is no reimbursement should we have less snowfall and no extra charges should we have a Winter like last year.

Over time this averages out for both parties. Never heard of a contractor making partial repayment.

We have a minimum of 2" before plowing.

And we have a cancellation clause without cause which either party can excersise.

How long have they done your property? Is there a cancellation clause to terminate the contract?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Snow and ice conditions in PA are probably similar to NY.

Under our current contract, we pay a flat rate each month for five months under a 3 year contract. Snow plowed and shoveled over 2". Salt and chemicals applied for icy conditions without considering how many inches.

Tough winter - he eats some costs. Easy winter - we overpay. Over 3 years, it averages out. Never have to deal with special assessments under a flat rate system.

One of the contractors we turned down wanted to cap the number of inches covered under the flat rate or to cap the number of events per season that were covered under the flat rate. Sounds like this is a somewhat similar arrangement to the one you have. We would have paid less, but we wanted the certainty of locking down our expense.

Smartest thing we did was to get competitive bids and run the numbers assuming a light winter and a heavy winter. Also helped that the first year of the flat rate was a severe winter.

We were once in a situation where our snow contractor went out of business. Had to scramble to find a replacement. Wasn't easy. Problem had more to do with equipment than personnel. They didn't have the extra equipment to leave on site, and it would have been too expensive for them to rent it from someone else (because we were on a pay per event contract back then).


Sikubali jukumu. Read all posts at your own risk.
DjB2 (Pennsylvania)
Posts: 49
Posted:
We have no contract or retainer with our snow removal company at all here in Pennsylvania, and we have had the same company for the last 7 years or so. If it snows over 2" they plow and shovel. If it's icy with or without an accompanying snowfall they come and put deicer on all of the sidewalks. We pay them only for their time and materials. This same company also does all of our landscaping, including mowing and trimming.
ThomasH12 (Michigan)
Posts: 5
Posted:
With this being a tough winter for snow removal companies, its expected that a lot of new contracts will be a "per push" beginning next year. I can understand the idea of a retainer and have thought about exercising this myself as the owner of a lawn/snow company.

A contract, wrote with a full bid, payable over a certain amount of months definitely works well for the vendor and the hoa. However, the way that is being discussed is a "retainer" of 25% of the contract up front, which helps the vendor have equipment and staff at the ready. The remaining 75% is split up (divided by 26) which is how many snow events a good vendor plans for when making a bid. This amount is then billed at the end of every month, based on the amount of events that occur. Once the totality of the contract is met or exceeded, its agreed that no more charges will take place. A good vendor will be able to properly manage their finances involved with this type of contract and no issues should arise.

What are your thoughts on operating it this way?
GenoS (Florida)
Posts: 4,276
Posted:
Supply and demand at work. More snow = more demand for snowplowing. By paying a retainer you get, I assume, preferential placement on the priority list when demand suddenly spikes, as in after a big snowstorm.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By ThomasH12 on 02/17/2016 12:56 PM
With this being a tough winter for snow removal companies, its expected that a lot of new contracts will be a "per push" beginning next year. I can understand the idea of a retainer and have thought about exercising this myself as the owner of a lawn/snow company.

A contract, wrote with a full bid, payable over a certain amount of months definitely works well for the vendor and the hoa. However, the way that is being discussed is a "retainer" of 25% of the contract up front, which helps the vendor have equipment and staff at the ready. The remaining 75% is split up (divided by 26) which is how many snow events a good vendor plans for when making a bid. This amount is then billed at the end of every month, based on the amount of events that occur. Once the totality of the contract is met or exceeded, its agreed that no more charges will take place. A good vendor will be able to properly manage their finances involved with this type of contract and no issues should arise.

What are your thoughts on operating it this way?

We have a 3-year flat rate plan. We make 5 equal payments each month for 5 months (Nov 1 thru Mar 1). Same rate for first two years. Slight increase in third year.

Potential vendors had access to snow/ice reporting services which track local history - so bidders knew the historical data before bidding.

Some bidders offered plans where we absorb additional cost above a certain level - Their flat rate was lower, but not enough for us to take the additional risk of a surcharge. I'm going to guess that your divide by 26 plan is similar to one of the plans we rejected.

One of the most significant benefits we were looking for - and one that IMO doesn't get enough discussion - is the issue of event approval. When we were under a per-event contract previously, we got a call asking for approval on every event that was in the range of 2 inches or less. This doesn't happen anymore. They come no matter what.

This is important to us because winter temperatures here hover at around 30 degrees. Stuff can freeze, thaw, and re-freeze in a matter of a few hours. When we deal with ice, number of inches doesn't matter. We get treated as needed without concern about approving individual events.

Sikubali jukumu. Read all posts at your own risk.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By GenoS on 02/17/2016 1:29 PM
Supply and demand at work. More snow = more demand for snowplowing. By paying a retainer you get, I assume, preferential placement on the priority list when demand suddenly spikes, as in after a big snowstorm.

Most contractors around here allocate certain equipment for the season. For example, before every storm, our contractor drops off a trailer which has a bobcat and other supplies in it. It's dedicated to us, but it's only stored on-site when there's an event anticipated.


Sikubali jukumu. Read all posts at your own risk.
ThomasH12 (Michigan)
Posts: 5
Posted:
So, you would rather not have to approve every time on a per push contract? Do you also negotiate a different price for salting only? I am looking at this from a contractors viewpoint, I want to better understand what my customers needs are. I want us all to be happy.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By ThomasH12 on 02/17/2016 5:02 PM
So, you would rather not have to approve every time on a per push contract? Do you also negotiate a different price for salting only? I am looking at this from a contractors viewpoint, I want to better understand what my customers needs are. I want us all to be happy.

Price is all in. Includes salting and plowing streets - also shoveling and calcium chloride on driveways and walks. Might be different for another neighborhood where people are willing to do their own shoveling. But we have a lot of elder folks who we don't want shoveling.

The only thing that would be per push would be if we needed snow hauled off the premises. Hasn't happened in a very long time.

Re per push approval - it's a pain. Who wants to take a phone call at 2am asking if service is needed? Nobody. Also, is the designated person really qualified to make an evaluation of the storm conditions? Not likely. So much better leaving the decision in the hands of the contractor.

One of the reasons it works is that we sign a 3 year contract. One year might be costly for contractor but next year might be light. All averages out for us and contractor.

Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
David

A fixed price is typical with extras outlined. Some years one is ahead. other years the other is ahead.
JosephH2 (Pennsylvania)
Posts: 57
Posted:
NpS

Our HOA Board is leaning towards a fixed price contract mainly because of the problem you mentioned with the 2 am approval calls for small events.

Would very much appreciate it if you would post a copy of your contract wording (with names deleted).

Joe H

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JosephH2 on 02/18/2016 7:52 AM
Would very much appreciate it if you would post a copy of your contract wording (with names deleted).

Attached.
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📝121844562071.doc(42 KB)

Sikubali jukumu. Read all posts at your own risk.
ThomasH12 (Michigan)
Posts: 5
Posted:
That's a great looking contract! As a vendor/contractor, I wouldn't see any issues signing that. I like everything to run smooth, I personally don't want to have to call anyone, I want to get out and get my guys working. As not to go off topic, NpS, do you happen to have your lawn care/landscaping contract available? I currently do HOA's thru another company as a sub contractor. I am looking to become the primary contractor for any new HOA's that are looking for a change.

The last thing I am worried about is our quality of work, I know my guys and I do excellent work. I just want to be able to get the bid, get the contract signed and have it be painless from that day forward.

I have a feeling after this slow winter in Michigan, there will be a lot of HOA's looking to save money on snow for next year.

What are your thoughts on hiring one contractor for everything the HOA needs? Snow, Lawns, Fertilizer.... Having it bid for the entire year and paying the same amount every month all year, a "budget" plan, if you will.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
NpS

Having lived on Boston and Chicago, 2in seems like a small amount to need removal. I would think more like 4 or more.
DjB2 (Pennsylvania)
Posts: 49
Posted:
We have never had a multi-year snow removal contract here in Pennsylvania, although the HOA development right beside us does. We use the two inch rule, and we never have to call the contractor to have his crew come when necessary; and they never call us for plowing approval either. They're on autopilot, and they have neither ever abused the privilege, nor have they ever not shown up when they should have. It works for us. But then we are a small development with only two parking lots of about 70 parking spaces total, and sidewalks in front of our 32 condominium units.
DjB2 (Pennsylvania)
Posts: 49
Posted:
We have never had a multi-year snow removal contract here in Pennsylvania, although the HOA development right beside us does. We use the two inch rule, and we never have to call the contractor to have his crew come when necessary; and they never call us for plowing approval either. They're on autopilot, and they have neither ever abused the privilege, nor have they ever not shown up when they should have. It works for us. But then we are a small development with only two parking lots of about 70 parking spaces total, and sidewalks in front of our 32 condominium units.
NpS (Pennsylvania)
Posts: 4,216
Posted:
2 to 2 1/2 is standard around here. No real difference in pricing between the two.

Grew up in Boston area. Arrogantly thought I could drive in just about anything.

Moved here around 45 years ago. After totaling 2 cars in the first 2 years, figured out that black ice is a whole new breed of cat.

Difference is that winter in Boston hovers at around 20 degrees. What freezes can stay frozen for most of season. Not here where freeze thaw cycles can sandwich layers of ice between layers of snow. Top surface can look fine but no traction.

Sikubali jukumu. Read all posts at your own risk.
DavidF22 (New York)
Posts: 91
Posted:
Thanks for all the advice. Some of you may appreciate these additional tidbits I've learned since the original posting.

We have a rider that prohibits us from using National Weather Service measurements and relies on a board member to verify snowfall amounts with the contractor. During the January blizzard, the contractor failed to check with the board and so the snowfall amount on the invoice was pulled from thin air. We fought this and got it reduced to the tune of almost $3200. The contractor said he's never worked with a board that's so "detail-oriented." Uh-huh.

We pay $350 per additional inch over 10" and also pay $250 per hour for "Bobcat" service, primarily to clear driveways. So you can imagine the bill during the January blizzard. We may have the only HOA snow contract where we can have a very, very mild winter, except for one severe storm, and still have to report to homeowners that we have exceeded our annual snowfall budget by several thousand dollars. (As I may have mentioned above, we barely get any money back in a mild winter.)

If I am on the board when the contract is up, we will certainly be doing our homeowner before we sign anything like this again.
SheliaH (Indiana)
Posts: 6,964
Posted:
If the contractor has an issue with your board being too “detail oriented,” he needs to get used to it (you’re the customer after all) or decline the work. I find the devil and the angels both are in the details, so good for you. In fact, your efforts to keep costs under control should bode well for you in being re-elected because you’re looking at the story behind the numbers (as opposed to people who simply shriek about costs being too high)

As for how we deal with snow removal, one of the board members is designated as the contact with the snow removal company – they don’t come out unless he/she calls. Calls aren’t made unless we get 3 or more inches (measured after the snow stops).

Your rider about not using the national weather service doesn’t make any sense (how would they know if you used it or not?). The weatherman/woman may say 5 inches are expected in my area, but I would think wind and other factors would influence where the stuff actually lands, so I simply walk out the door (if I can open it!) and take a look around the community to see what we have.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here