pool fence and gate problems-hoa reaponses

Started by RobertS61 • 10 replies • 1057 views

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RobertS61 (Arizona)
Posts: 5

Posted:

I am new to the board and I am wondering about a few things?
Our fence that is the closing side for the gate, was deemed in need of repair.
I had asked management, to up grade it, to a stronger situation, I also asked the hole,that the post was to be cemented in, to be up to code. My info was ignored and it was done as first built, 2 new post and cemented 2' into ground same as before.
I also wonder is it ok for the management company not to respond to my request?not even a reply
They don't respond to other questions pertaining to vendors being insured.
Thanks For Your Help

AllisonD (Florida)
Posts: 449

Posted:

Maybe since you are a new board member, you should discuss with the other board members who is the one to speak to the management company (its better for everyone that there be 1 person on the board to do that rather than all the board members making multiple calls often about the same issues). Once you decide who is that board member, you should let the management company know. Also, did you decide as a group what to do about the gate issue or do you have a committee in place? Maybe another board member has already been in contact with the board. My management company will not answer questions from anyone but me, but they will forward all questions to me (except for dues questions, they will answer those directly).

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Board member means you work with the other board members to make a decision. You can't just go to the management company and say "Hey do this...". It does not work that way. Being a board member means you represent the WHOLE HOA as a WHOLE. So you as an individual board member don't have the pull. It is you and your fellow board members who vote and decide what to do.

So don't go off the rails here. Step in line and learn the process. There is a LOT to learn.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Allison & Melissa are both right, it seems to me. Decisions about such matters, especially in states like AZ, are made at board meetings via votes. Perhaps this one was made before you joined the Board. No director gets to order mgmt. around with the possible exception of the board prez in unique situations. It's possible you've already ticked off the manager, which will get you nowhere.

Read your HOA's contract with your mgmt. company to see what their obligations are. It also might say how to contact them. Are they on your premises xx hours a week? Or not?

Any homeowner in AZ can get a copy of executed contracts by requesting them in writing. So send a letter asking to see the contracts where insurance concerns you.

Say, what size is your HOA? How many directors?

RobertS61 (Arizona)
Posts: 5

Posted:

Thanks Everyone
That's great advice
I have probably ticked them off as you say
We have 3 board members and apx 350 homes

KerryL1 (California)
Posts: 14,550

Posted:

Without knowing more, I'd say offhand, Robert, that your Board is on the small size for an HOA of that size. I also would expect that you'd have good coverage by your PM unless, your HOA has zero amenities .

Hope Larry checks in and someone else for AZ who seems knowledgeable, too!

I'll try this question again, Robert: Is your PM ever scheduled to be on your premises----or not? You know, like in an office 12 hours a week or whatever?

DouglasM6 (Arizona)
Posts: 724

Posted:

Robert- The only advice I have is to learn the process first before you try to change it. If the HOA has a board that takes care of issues quickly, that may not be a bad thing.

RobertS61 (Arizona)
Posts: 5

Posted:

Thanks
Yes the PM is in her office and yes she will be on site at times.
Somethings should be in writing? These liability concerns can end up in court if something bad happens. So talking verbally is going to be questionable if we ever go to court.
She is new-this company has been terrible with just about everything,thats just a fact.
Our board has just reached the minimum 3 members it needs to do business.
All this advise is great but my concerns are valid.
Vendors who don't have proper insurance and other requirements are a huge concern and I have verified these concerns.
The pool gate area also is our number 1 problem? It should be fixed correctly.
So yes, maybe I have ticked them off, but I'm looking out for the community.
I've been very matter of fact about it.
When do we say this management co is not doing their job and start worrying about that.
concerned

SheliaH (Indiana)
Posts: 6,964

Posted:

Yes, you do have some valid concerns, but you're also new to the board, so Douglas is correct in that you should learn the process first as well as consult with the other board members to tackle problems. You are not the lone ranger and if you behave as such, any mistake you make can and WILL come back and bite you in the behind. And it will hurt - a lot.

Back up and start over - if all of you are new to the board, all of you should begin by reviewing previous board meeting minutes to get a handle on what are the more serious problems that need to be addressed (you may have some issues that are even more pressing than the pool gate). Talking to former board members would also be a good idea and why not ask homeowners for their input to see what sort of maintenance issues they're concerned about. That can also include an evaluation of the property manager.

From there, you'll notice a number of common themes which you can prioritize. Regarding the vendors, consider developing some policies that will mandate all contractors have the proper insurance and bond coverage, and perhaps a few more policies, such as getting at least 3 bids if a project will exceed a certain amount, checking references, etc.

If there are concerns about the property manager, why not sit down and discuss them, giving them a chance to resolve them? Set a date where you can revisit their performance and then determine if you should keep going or look for another one. While you're at it, it wouldn't hurt to apologize if you came at them in an unprofessional manner - not for asking that the gate be fixed.

One more thing - if you're new to HOA boards, you might consider going to the Community Association Institute website and look at some of their educational materials. Some of them are geared towards new board members and others deal with issues like hiring a property manager and contractors, rules enforcement, etc. They can give you ideas on what you'd like to adapt for your community and if there's a local chapter in your area, you might consider joining or attending some of their activities so you can network and get even more ideas. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Again, Dennis. Read your contracts with vendors who worry you re: insurance.

Read your contract with the MC--it should state how many hours a week she's on your premises and, more important, her duties.

Ready your governing documents: your CC&Rs; your Bylaws. There may be be something about the HOA's insurance requirements viz. vendors.

In other words, you have a lot of homework to do before you jump to any conclusions.

sheila, as usual, offers very fine advice.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robert

The PM is not a landlord. They work for the BOD. If you do not like how they operate then get the BOD to fire them ad hire a new company. You are in charge. Lead or follow, but do get out of the way.

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