New Pesident & Mgnt Company are they breaking the law

One of our board members found a great Irrigation company about 6 years and we have a great working relationship with them.
We had an Irrigation problem and this new president told the new property manager with out telling any board member to call this company and told them never to talk to this board member AGAIN. The board member was always in contact with them when we had a problem.

Look in your HOA's Bylaws for the sections that speak about the HOA's having the right to contract for landscaping and similar. Repeat this for your HOA's Declaration. Most likely one or both speak of how the Board makes these decisions. The Board is not the President. This means the Board, and not one member of the Board, directs contractors such as irrigation companies and the management company.

If where you live is a condominium, see the Florida Condo Act at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html for more that may help.

If where you live is a homeowners' association, see the Florida Homeowners Association Act athttp://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html .

Look especially at these statutes for what they say about your legal rights to enforce the Bylaws and covenants.

Practically speaking, in my experience HOA Presidents often go rogue, disregarding the governing documents and state law. Association Management and any other contractor, such as this irrigation company, will either back up the HOA president, in the belief this is the best route to job security, or, if they do not like what a president is doing, they will use the rest of the board and the law to get their way.

One caveat: If this director him- or herself has gone rogue, committing improprieties that themselves violate the governing documents or law, I can see how a spur-of-the-moment decision might have been necessary, especially if some emergency work needed to be done. But subsequently, the president is supposed to see that this decision is approved by a board majority and document same.

Some HOAs appoint committee members or specific members or directors to be liaisons with landscapers, the city on certain issues, and so on. But the board, acting as a whole, may undo these appointments with a vote.

Remind us, Donell: Are you on the board?

As Augustine points out: "Some HOAs appoint committee members or specific members or directors to be liaisons with landscapers, the city on certain issues, and so on. But the board, acting as a whole, may undo these appointments with a vote."

So if this director was appointed by the Board to interact with the vendor, the board must vote that the director end that activity. Now if the prez appointed the director to interact with the vendor, the prez, it seems to me, has the authority to end that relationship.

In our HOA, only the PM may instruct and interact with our vendors.

The president might have informed the director that the relationship was over. To simply tell the vendor seems crude. Is this the prez you want to get rid of?

what law do you suspect has been broken?

yes

There seems to be some confusion. When you say "new president", are you saying new president of the HOA or president of the new management company?

The records (minutes) and contracts should be clear on who specifically is the contact person or liaison. The Board by majority should vote on this and any descending vote and reason so recorded in the minutes. A Board is (the entire Board)not a lone wolf or 2 going off in their desired directions or controlling all or any decision.

It is true Board members often suggest a contractor but there can be drawbacks and the appearance of impropriety when you step out and there are legal requirements like reporting your relationship and remaining neutral or removing yourself from voting. For sure best not be the contact point in most instances ad for sure unless board approved. Better to appoint the managing agent.

No member should just take it upon themselves to contact vendors especially where a decision is necessary that requires Board approval.

Vendors need clear concise direction from one individual and a record for tracking. The Board should be kept up to date.