Can Manager Do Work For Others While On The Clock For Association

I have a question, I live in a condo in Cathedral City CA. The manager (who is also the Board President's tenant and a Board member)was hired by the Association President and is paid $37,000 yearly spends more time working on the condos that are owned by the President of the Board and other owners who pay him.

For instance yesterday he spent alomst 7 hours working and getting paid by a new owner who just purchased his condo and it needed some repairs. Although it was a weekday, and the Association is paying him to work Monday thru Friday, he was not doing any work on the property. This is not the first time, the President owns several units, and whenever one of his units needs repaired the mananger is the one that does all the repairs. The president does not pay him to do repairs, but he is getting repairs done to the units he owns at the cost of the assocaition since he is working during the time we are paying him.

When I brought this up to the board president, he told me that the manager charges far less then any contractor would so therefore he saves us money and that I am an idiot to even complain about it.

To me it just does not seem right that we are paying someone to manage the grounds,and he is working on the preisdents units for free, or getting paid by other owners to do work while on the clock of the association.

What can be done, I know this is not right. The president is benefiting from it, and has been for a while. The mamanger is the President's tenant, when manager lost his job the president hired him on as manager so he would not lose his tenant, then he put him on the board without being voted on, and against the CC&R's which state a board member must be an owner.

The manager is paid to work Monday - Friday 8am to 5 pm and Saturdays 8am to 5pm.

Several months ago he spent a total of 17 hours in one week doing repairs in the board presidents unit. And this was not the first unit he has worked on. Whenever the president has a tenant move out the manager is the one that goes in and cleans it out and does whatever repairs need to be done for new tenant to move in.

Now he is getting work from new owners and owners that live off site to do repairs in their units, but he is doing the repairs while gettin paid from the association.

I am an owner and live onsite, if I need a repair done he is not going to come do the repairs for free like he does for the president.

HomeO2, you are correct that this is wrong. What the President is doing is a kind of theft from the HOA. The Manager is violating the terms of his contract, by accepting double pay for the hours he is contracted to work. First, he's paid by the HOA. Next he is paid by the President for repairs he does to the President's units on HOA time. I wonder if this meets the criteria for embezzlement.

I would publicize this to the other members. Expect retaliation, because you have idiots for a HOA President and HOA manager. Document everything that happens to you. Run for the Board. Try to enlist like-minded neighbors to do the same. You can always take violations of the governing documents to court, but the time, effort and expense are exhausting.

It boils down to scope of work and what is in the contract. You should have an extremely thorough scope of work for your manager. After that, it is simply a matter of if he/she is doing that scope of work, regardless of other time spent.

Our Manager manages another community and has a part time job. All we are concerned about is that the scope of work and contractual obligations are being met for time, task and results.

However as a side note our Manager does not preform personal work in the community. I see that as too much of a temptation to misdirect time and effort