If PCAM is in breach of contract, how should board respond?

What is a PCAM? Plus the board should be doing the work should it not? The Management company acts as a contractor to the HOA. So my questions would be what kind of relationship does your HOA have with the PCAM? Maybe a miscommunication on responsibility?

BTW: Suing your HOA is suing yourself and your neighbors. So living in fear of a lawsuit is just fear mongering. Get over it. Someone wants to sue, they are going to sue. Why waste the time, money, and energy preventing it unless it is something that should be addressed?

Joshua

Have you discussed this with the rest of the Board?

It sounds like your PCAM has no problem acting in a very unprofessional way. It seems as if they are kissing you on the cheek, as they are stabbing you in the back. To charge you for a service that is not in their contract, is nothing less the pure thievery. Remember, if they steal from you, they are stealing from your whole community. I commend you for taking you position, as far as looking out for your community.

The first thing I would do, is fire them. Then shop for a PMC that has a good reputation as well as sound business practices.

Joshua,

I would certainly wait for the Board to respond. It's possible that a Board members asked that quotes be obtained.

You may want to suggest that the Board instructs the PCAM to not anticipate the Boards decision when it incurs additional charges to the Association.

Perhaps you might explain as a fairly new board member how you have had many issues with your current MC? And just what sort of issues would those be? And we're all these issues between you and the MC or was this issues YOUR BOARD had with the MC?

Just how long have you held a board position? How long has the MC been serving your property? And your determination this homeowner has the legal grounds for a lawsuit what in your mind would be those grounds? Just what does " impacting the backyard" mean?

And speaking in regards to the suggestion made that you fire the MC based on what you have described and understanding the remainder of the board has yet to offer their views that suggestion would be foolishness. And not based in reality.

I would also be interested in reading the section of your contract from which you have drawn the words " upon discovery". To provide context.

Your suggestion the MC has breached the contract would depend on whether a majority of the board agreed with you that "many weeks" versus " upon discovery" constitutes the justification for claiming the MC. Has failed to abide by the written terms.

From what you have provided to this point and the fact no one on the board has bothered to respond your view might be a stretch.

Dana

Where in the HELL did they steal one dime from the association.

You come up with wild accusations with NOTHING of substance to back up that claim.

Maybe FIRE you!

Not quite sure what your point might be. Perhaps you can explain in terms we might understand.

This is for Joshua (if he ever comes back):

Without knowing a little more about the issue, it’s hard to say if the property manager is in breach of contract or not – for questions like that, your best bet is to go to your association attorney (most of us on this site aren’t lawyers and even if we were, people usually don’t give legal advice).

For some reason, I get the feeling the homeowner with the issue has been yelling at you, demanding what will be done and when. If so, politely remind him/her decisions regarding the common area and maintenance are a BOARD decision, not just yours. If the homeowner hasn’t been told anything about what the board is doing, it’s ok to bring that up to the others and ask that the homeowner be updated immediately. As Melissa said, don’t worry about the lawsuit unless you’re served.

I understand you’re a new board member and are trying to get your feet wet, but it seems you have two issues (1) this homeowner issue (whatever that is) and (2) many (previous? current?) issues with the property manager. Let’s look at the homeowner issue first – what is the problem, what has the property manager done so far – and have you heard from the rest of the board as what should be done next? How long is “many weeks” – depending on the issue, it may take a little time to determine exactly what the problem is, and don’t forget, there are other association issues your property manager has to address. If this is a health or safety issue, I understand the urgency – otherwise, it may not kill the owner to wait a little (I’ll assume you’ve kept him/her updated on what’s happening and why? If not, that should also be fixed).

Regarding the previous/current issues with the property manager, I agree with Jon. Contrary to Peter’s opinion {which he’s entitled to}, I find the devil and the angels are all in the details and without details, it’s hard to say if someone’s in breach of a contract (besides that’s why judges were invented, to figure all that out). When you can answer those questions, you’ll have a better idea as to whether you should keep this property manager or move on.

People may yap about going to court screaming breach of contract or something else, but if they want to win, they’d better have some idea of what they’re talking about and can document it. Otherwise the other side will eat you alive in court, the judge will roll his/her eyes and throw the thing and you’ll be back at square 1. It’s strange how one or two little details can turn an issue on its head.

I read the OPs first post as to "what can we do to keep them from billing us, when it is not in our contract, for them to do so". A breech of contract can force someone to comply or void the contract. Breech of contract is often the grounds for legal action.

Looks like the OP quit the forum