Uninviting the Mgmt company from HOA meeting

Started by DennisG7 • 7 replies • 1025 views

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DennisG7 (Georgia)
Posts: 155

Posted:

This may seem a bit strange but when we have an HOA member meeting (normally once a quarter) it is always attended by our management company, who seems to assume a lot of control in the direction of the meetings. Also I sense a certain reluctance in raising some subjects that the Mgmt Co. appears to take the lead in directing. (Violations is a good example) This may be as a result of our BOD not being proactive and deciding to hand control over to someone we "hired". Any ideas on how to not have the mgmt company show up? The obvious answer to to tell them but I suspect the BOD uses them as a crutch and will not approach them.-

For once I'd like for the BOD to address question, issues and concerns without having the mgmt company participating and somewhat controlling the direction. I can understand the mgmt company being there if there is an issue they have some knowledge of but every meeting??

Do all mgmt companies normally participate at every member meeting? Do they stay for the entire meeting? Perhaps I'm out of touch.
Thanks for comments.
DennisG

RichardP13 (California)
Posts: 3,868

Posted:

First, Dennis, are you on the Board?

You state that you have an HOA member meeting once a quarter. Is this a Board meeting held once a quarter, as typically member meeting are held annually to conduct elections.

When a BOD hires a management company, they are generally turning over the day to day operations of the association to so called "professionals". Whatever we do is at the direction of the BOD, whether verbal or through a written contract or agreement.

If you are not on the Board, maybe you might consider running for a position and sharing your leadership values.

KerryL1 (California)
Posts: 14,550

Posted:

With Richard, a quarterly members meeting seems excessive. Usually they're just annually for elections of directors.

Now our Bylaws require that the board meet quarterly, but we meet monthly. Our onsite full-time manager (PM) always attends per the contract. She gives a report on her activities for the month, and she write the meeting minutes per our contract with her mgmt. Co. (MC). The board approves the minutes at the next meeting.

Since the PM sends out violation notices and warning letters, etc., she usually e introduces the alleged violation as at executive (closed) session meetings. We directors have copies of her correspondence, the CC&R or rule that was allegedly violated, and only we decide after listening to the Owners--if they attend the hearing.

I do think that some boards permit the PM too much control either out of laziness or ignorance. But these directors should remember that they, not the PM, are responsible for decisions even if the Board has foolishly permitted the PM to make them

DennisG7 (Georgia)
Posts: 155

Posted:

I am NOT on the Board have although I've been asked to join. I have tried to stay in the background and volunteer on projects.

The original CCR's and By Laws indicated a total of 4 member meetings per year, preferably quarterly. The BOD usually holds a meeting monthly, which can be attended by members but rarely are. In 15 years I've attended only 2.

The Management company told the entire membership to "ignore" a letter from the county telling us to tear down a 15K pavilion we had built with no permit. That comment was made in an open meeting in Oct 2016. In November 2016 the sheriff served the BOD with a court summons regrading violations. (The same violations the Mgmt Co. said to ignore.)

After going to court we paid a hefty fine and are now spending about $15K more to fix the building...or tear it down. I don't have much faith in anyway that says to ignore a county ordinance/code.

Anyway, I will look to see if anyone can possibly address this issue. It should be simple...tell them not to attend. Maybe I should join the BOD?
Thanks for your comments.
DennisG

KerryL1 (California)
Posts: 14,550

Posted:

Attending probably is in the contract with your MC. The Board needs to be told to govern. If they won't, you may need to step up!

SueW6 (Michigan)
Posts: 814

Posted:

Some Board Meetings have a timed agenda. This agenda allows for reports from outside sources. They give their report and then leave.

One of the agenda items might read: Report from Management 7 - 7:30 p.m. They would leave after reporting to the board. The board can then go on with its business.

For a Members Meeting, why wouldn't you want the person who handles day-to-day issues there to answer questions that the residents would have? The president still presides over the meeting, but the manager would be in attendance to report to the residents.

If a resident has an issue with management, then that person should attend a Board Meeting and at the agenda time for "Resident forum" the person could register concern about the competency of the Management company who counseled the Board to do something illegal. The manager might not even be there for that part of the Board meeting.

KerryL1 (California)
Posts: 14,550

Posted:

If writing the minutes is in your contract with the MC, Dennis, who would write them if the PM doesn't attend? I'm our board sec'y and promise you I'd resign if I had to write the minutes. We have a lot on our monthly agendas because we're a twin towers high rise and we're pretty complicated with a lot always going on.

If your board sec'y would not write minutes, a member of your HOA could if appointed by the board as sec'y and IF your bylaws permit officers who aren't directors. OR, the board could simply appoint such a member to write minutes with no title. Perhaps you'd be that person. But that leaves executive session, which only directors (and the PM) should attend.

It looks like your board, Dennis, needs to take action limit the role of the PM. But it's up to them not you. Unless that it, you want to try to recall the Board, elect a new one, an hope they'll fire the MC.

Wait, am I missing something? Are you saying the MC does not attend monthly board meetings? Again, please read the contract, Dennis.

JerryD5 (Colorado)
Posts: 218

Posted:

We have a homeowner asking the same question. Of course, she is upset that the MC didn't respond to her complaint in a timely manner (it was in fact timely as stated in the contract; MC has 24 hours to respond to homeowners unless it is a bonafide emergency and this wasn't). She said we should fire both the MC and our snow removal company because they failed to shovel her sidewalk. We did, in fact, fire the snow removal company shortly after the incident. I personally told her that firing the MC was not going to happen but invited her to attend our next board meeting to voice any issues. She did attend but didn't mention the MC in the open forum portion of our meeting.

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