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JerryD5 (Colorado)
Posts: 218
Posted:
So I have been board president for the last 6 years and on the board for the last 8. We have had our latest management company for the last 3 years or so. The management company is pretty small but does an ok job. Our last account manager quit so we got a new one at the first of the year. It has been a learning curve trying to get him up to speed. Overall, the account manager has done a decent job.

So here is my issue today: We have an ARC of 3 homeowners (whom the account manager has not met or been in contact with) and we have a new homeowner that just moved in. She submitted a request to put in an iron fence. Except we do not allow iron fences; all fences must be a certain height and made of wood. I told him that at our last board meeting when he brought up the issue and gave him the contact info for the committee. But first, I wanted him to have the homeowner resubmit a request for a wood fence. Today I find out, not only did he not ask for a new request, he sent the original iron fence request to the committee with the following statement, "I am still sending this because I believe the homeowner has the right to ask for an opinion if any of you would have an issue with an iron fence." He accidently included me on the email and it was an obvious not intended for my eyes.

Of course, he conveniently went on vacation right after sending that email until next week so I can't confront him (though I did send him a text that I didn't appreciate his intentions and we will talk about this when he returns).

Last week, we got a bid for $200 for 7 tree stumps removal from our landscaping company. I was surprised that it was so low but I told him we (the board) would discuss it and probably approve it. The next day the landscaping company was out removing the stumps. I told the account manager that I don't believe we accepted/approved the bid yet so why was the work started? He said it was so cheap that it made sense (to him apparently) to just go ahead and let them start their work. Low and behold, they charged us an extra $100 because the work took longer than they expected. When one of the board members asked about a charge for $310 and what it was for, I told him to talk to the management company.

It is issues like these that make cause me to just throw up my hands and say, "fine...I quit." Thanks for listening to my vent.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jerry,

If you screwed up royally at work, would your boss quit? Or would he give you the boot?

I am not sure if you understand this or not, but the management company is your employee. Your board - and you as its president - is the boss. If the management company is not performing satisfactorily then it is certainly time to make some changes. Maybe just another account manager or maybe a whole nuther management company.

AugustinD
Posts: 5,144
Posted:
This manager is acting ultra vires. If possible, get the votes from the rest of the board together to cut him and his company loose, with cause, as a fiduciary duty.
GenoS (Florida)
Posts: 4,276
Posted:
If it's a small company I'd talk to him and read him the riot act. Lucky for you it doesn't sound like he did anything really egregious - except for not following your documents and procedures. I guess that's serious enough, but maybe he has prior experience in a place that was a bit more loosey goosey. Let him know you expect him to follow your rules and procedures while being aware of your CCRs. I'm sure it's frustrating, but I'd give him one more chance. It's better that he committed you to a low cost stump removal contractor than one who wanted to charge $2,000 per stump. I'd love to have that deal Still, there's no good excuse for him to just make decisions on the fly that contravene what you need him to do.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GenoS on 03/29/2017 10:08 PM
If it's a small company I'd talk to him and read him the riot act. Lucky for you it doesn't sound like he did anything really egregious - except for not following your documents and procedures. I guess that's serious enough, but maybe he has prior experience in a place that was a bit more loosey goosey. Let him know you expect him to follow your rules and procedures while being aware of your CCRs. I'm sure it's frustrating, but I'd give him one more chance. It's better that he committed you to a low cost stump removal contractor than one who wanted to charge $2,000 per stump. I'd love to have that deal Still, there's no good excuse for him to just make decisions on the fly that contravene what you need him to do.

I would love to have that deal too ... But I would also send the MGMT CO a letter stating that they cannot override or do work unless have approval of the BOD. Having this in writing if they violate again in future on an issue which may cost the HOA $$$, if you fire them you at least have something in writing in your files where they have had a past violation in case needed due to contract.

But still contend $200 per stump is a stealer deal ....
JanetB2 (Colorado)
Posts: 4,219
Posted:
OMG ... re-read and $200 for SEVEN stumps ... I would like that individuals phone number. I will pay that in a heartbeat!!!!
NigelB (Texas)
Posts: 254
Posted:
Quote:
Posted By JerryD5 on 03/29/2017 3:26 PM
So I have been board president for the last 6 years and on the board for the last 8. We have had our latest management company for the last 3 years or so. The management company is pretty small but does an ok job. Our last account manager quit so we got a new one at the first of the year. It has been a learning curve trying to get him up to speed. Overall, the account manager has done a decent job.

So here is my issue today: We have an ARC of 3 homeowners (whom the account manager has not met or been in contact with) and we have a new homeowner that just moved in. She submitted a request to put in an iron fence. Except we do not allow iron fences; all fences must be a certain height and made of wood. I told him that at our last board meeting when he brought up the issue and gave him the contact info for the committee. But first, I wanted him to have the homeowner resubmit a request for a wood fence. Today I find out, not only did he not ask for a new request, he sent the original iron fence request to the committee with the following statement, "I am still sending this because I believe the homeowner has the right to ask for an opinion if any of you would have an issue with an iron fence." He accidently included me on the email and it was an obvious not intended for my eyes.

Of course, he conveniently went on vacation right after sending that email until next week so I can't confront him (though I did send him a text that I didn't appreciate his intentions and we will talk about this when he returns).

Last week, we got a bid for $200 for 7 tree stumps removal from our landscaping company. I was surprised that it was so low but I told him we (the board) would discuss it and probably approve it. The next day the landscaping company was out removing the stumps. I told the account manager that I don't believe we accepted/approved the bid yet so why was the work started? He said it was so cheap that it made sense (to him apparently) to just go ahead and let them start their work. Low and behold, they charged us an extra $100 because the work took longer than they expected. When one of the board members asked about a charge for $310 and what it was for, I told him to talk to the management company.

It is issues like these that make cause me to just throw up my hands and say, "fine...I quit." Thanks for listening to my vent.

What does your contract with the mgmt company say? Some contracts give the mgmt company the authority to expend a certain amount of money for repair/replacement/maintenance without board approval.

If that is the case - you could always write to the management company expressing a desire that all non emergency type expenses have approval of the board before any work is done.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JerryD5 on 03/29/2017 3:26 PM

So here is my issue today: We have an ARC of 3 homeowners (whom the account manager has not met or been in contact with) and we have a new homeowner that just moved in. She submitted a request to put in an iron fence. Except we do not allow iron fences; all fences must be a certain height and made of wood. I told him that at our last board meeting when he brought up the issue and gave him the contact info for the committee. But first, I wanted him to have the homeowner resubmit a request for a wood fence. Today I find out, not only did he not ask for a new request, he sent the original iron fence request to the committee with the following statement, "I am still sending this because I believe the homeowner has the right to ask for an opinion if any of you would have an issue with an iron fence." He accidently included me on the email and it was an obvious not intended for my eyes.

If the CCR's do not allow an Iron Fence then the owner needs to be denied. YES .. any owner can submit and has a right to the official opinion of the Board. Some will ask because other owners in HOA or "friends" in other HOA's have maybe received permissions even though violating their CCR's. Unfortunately we are becoming a society where everyone thinks they can do as they darn well please ... and does not matter the rules.

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