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LL4 (Tennessee)
Posts: 4
Posted:
What does the following paragraph mean? Any help appreciated.

The services of a person or firm to manage its affairs (herein called "Manager"), to the extent deemed advisable by the Board, as well as such other personnel as the Board shall determine shall be necessary or proper for the operation of the Common Properties, whether such personnel are employed directly by the Board or are furnished by the Manager. All persons employed to manage or assist in the management or maintenance of the Common Properties shall be employed at the will of the Board; provided that a manager may be employed for successive periods not exceeding a three (3) year term in each period. The Board may delegate any of its duties, powers or functions relating to the daily administrative' affairs of the Association to any person or firm designated by the Board to act as Manager.
SheliaH (Indiana)
Posts: 6,964
Posted:
Looks like your board is authorized to hire a property manager to handle daily operations OR it may hire people directly to take care of the common area. The property manager's contract can't exceed three years at a time. Sounds reasonable to me.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
FredS7 (Arizona)
Posts: 927
Posted:
Mostly it says the Board can designate a manager. However the first sentence isn't a sentence so I don't think it says anything.
LL4 (Tennessee)
Posts: 4
Posted:
Agree with meaning. Agree that it sounds reasonable. But what if the HOA doesn't comply?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By LL4 on 03/28/2016 6:39 AM
Agree with meaning. Agree that it sounds reasonable. But what if the HOA doesn't comply?


How could it not comply? The employment of a manager is permissive, not mandatory.
LL4 (Tennessee)
Posts: 4
Posted:
Let me clarify. The bylaws specify that employment of professional service provider should not exceed three years. The issue is lack of compliance with the term. There's no (public) record of contract renewal but just the same provider for several years. Hope that helps.
KerryL1 (California)
Posts: 14,550
Posted:
Your 3:28 post does help, LL.

But Fred is right: The first sentence is incomplete. What precedes it? A heading? what IS the heading to this bylaws article?

Are you on the board, LL? Even if not, can't you get a copy of the contract to see if it complies with the three year term? Looks like the board needs to renew it every three years.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
LL4

As I read it the Manager cannot be hired for longer than a 3 year term as in a 3 year contract. It does not limit how long he can work there like one 3 year contract, than another 3 year contract, than another 3 year contract, etc.

It does not mean he cannot work there for more than 3 years. Also it does not have to be a 3 year contract. It just cannot be longer than 3 years.

LL4 (Tennessee)
Posts: 4
Posted:
Here is the entire section that falls under the Board of Directors:

5.07 Powers and Authority of the Board.

The Board, tor the benefit of the Members of the Association, shall enforce the provisions of the Declaration, these Bylaws, and the Rules and Regulations governing the Common Properties subject to any provision herein, the Board shall have the power and authority to acquire and pay for the following, which shall be deemed Common Expenses of the Association:

A. Water, sewer, garbage collection, electrical, telephone and gas and other necessary utility services for the Property.

B. The services of a person or firm to mdndge lee affairs (herein called "Manager"), to the extent deemed advisable by the Board, as well as such other personnel as the Board shall determine shall be necessary or proper for Common Properties, whether such personnel are employed directly by the Board or are furnished by the Manager. All persons employed to manage or assist in the management or maintenance of the Properties shall be employed at the will of the Board, provided that a manager may be employed for successive periods not exceeding a three (3) year term in each period. The Board may delegate any of its duties, powers or functions relating to the daily administrative affairs of the Association to any person or firm designated by the Board to act as Manager.

I am not on the board. Will try to get a copy of contract.

It took the property mgmt company seven months to provide me with the only other written request that I've made, which was for a list of board members/offices/terms as we had just moved here and wanted to know if/how we might want to get involved as we've served on other HOA boards.

Thanks for all help and input.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks, for the article, LL. If TN requires disclosures of executed contract to Homeowners, it (as CA does), write a note to the MC or PM and ask to review a copy of their most recent contract with your HOA. Copy your Board's directors if you can contact them, i.e., if you have their mailing addresses.

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