Management Company

PatR (Florida)
Posts: 139

Posted:

Can anyone tell me if the Management Co. must be invited, by law, to workshops.

Also, where does the notice that we are having a workshop need to be? This association is in Florida.

Thanks

Jadedone4 (Virginia)
Posts: 495

Posted:

If you are referring to a board/HOA workshop, then the notice must be effected by the requrements of your state/local jusrisdiction, and the governing documents - as if you were holding a regular HOA/meeting, with regards to Membership.

If this is an educational/instructional workshop, hosted by (hypothetical) "CAI" where your HOA/board is receiving instruction - then Membership should be aware of this, via the previous HOA/board meeting where in open session you voted on accepting the cost for this workshop.

The MC only attends if your HOA/board specifies it. I would hope that the MC already has at least a general understanding of the workshop's topic - for simple business competency purposes.

If the MC does plan to attend, it should not (unless invited by the HOA/board) paid for out of HOA funds. Unless this is a workshop that affects the MC directly (i.e. the HOA/board institutes a new computer accounting system and the MC is expected to use, or something along those lines). If it is not a "requirement of doing business" with your particular HOA/board - then MC should pay.

PatR (Florida)
Posts: 139

Posted:

Thanks. It was an HOA workshop. We did post it 72 hours in advance at the clubhouse. The Managment Co. insisted, by law, they had to be there, but we needed to discuss the Management Co, and felt it would be better without them attending. Did we violate any "laws".

Jadedone4 (Virginia)
Posts: 495

Posted:

To nswer your question about violation of "laws"...

Check your governing doc's to see if "72hrs" notice is sufficient. Also check to see if the "clubhouse" is considered "proper place of notice" in-line with gov/doc's.

Check also your MC agreement/contract for any clauses which dictate the level(s) of involvement by the MC. The MC works for the HOA via the board - but it still a contractual agreement, so check to make sure that you are in-line with the specificity included.

I would suspect that you can limit your MC's involvement in the workshop, but also would say that you might have issues limiting Membership, if this is HOA/board only, and is conducted without a approved (as in voted on previously) moderator. The concern here is that some HOA's/Boards will attempt to have "workshops" "informal sessions" etc - to attempt to circumvent Member's involvement. If this was an approved and HOA funded expenditure, realized in an open meeting, then you should be OK.

Only you can determine if your HOA/board has followed the gov/doc's and whatever (if applicable) "open meeting" laws for your jurisdiction.

Jadedone4 (Virginia)
Posts: 495

Posted:

To nswer your question about violation of "laws"...

Check your governing doc's to see if "72hrs" notice is sufficient. Also check to see if the "clubhouse" is considered "proper place of notice" in-line with gov/doc's.

Check also your MC agreement/contract for any clauses which dictate the level(s) of involvement by the MC. The MC works for the HOA via the board - but it still a contractual agreement, so check to make sure that you are in-line with the specificity included.

I would suspect that you can limit your MC's involvement in the workshop, but also would say that you might have issues limiting Membership, if this is HOA/board only, and is conducted without a approved (as in voted on previously) moderator. The concern here is that some HOA's/Boards will attempt to have "workshops" "informal sessions" etc - to attempt to circumvent Member's involvement. If this was an approved and HOA funded expenditure, realized in an open meeting, then you should be OK.

Only you can determine if your HOA/board has followed the gov/doc's and whatever (if applicable) "open meeting" laws for your jurisdiction.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By PatR on 06/20/2007 5:51 AM
Can anyone tell me if the Management Co. must be invited, by law, to workshops.

Also, where does the notice that we are having a workshop need to be? This association is in Florida.

Thanks

The Management company does not have to be invited to any HOA meeting unless it is in the management agreement. However, the Board would be wise to utilize their expertise at times

PatR (Florida)
Posts: 139

Posted:

thanks