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AlexM1 (Oklahoma)
Posts: 287
Posted:
Our management company is very strict and stated many times that they did not want to hear of any of the board members talking among themselves without a management representative there. It makes me feel guilty when I see another board member and want to say hello to him but cannot for fear that the so-called manager(from the management company) seeing us. Is there any way that board members can talk among themselves without having the "manager" of the Management company present?
DouglasK1 (Florida)
Posts: 2,046
Posted:
This seems pretty much the same as your prior thread:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/233031/view/topic/Default.aspx

Escaped former treasurer and director of a self managed association.
SheliaH (Indiana)
Posts: 6,964
Posted:
Um, the management company works for the Association and takes its direction from the Board, not the other way around. Talk to whoever you want, whenever you want. Just remember, individual board members CANNOT AND SHOULD NOT make promises and decisions on behalf of the association unless there's been a proper discussion and vote which is recorded in the board meeting minutes.

Collusion with one or two board members and leaving others out of the conversation (accidentally or on purpose) isn't appropriate either, so you may be better off reserving association discussions for board meetings where everyone can hear.

You need to remind your property manager and his/her higher ups, if necessary of who's in charge - if they cannot or refuse to act accordingly, start looking for another management company.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AlexM1 on 09/14/2017 8:19 PM

Is there any way that board members can talk among themselves without having the "manager" of the Management company present?

Yes.

Say hello.

As others have said, this sounds exactly like the same question you asked previously. Hence, I doubt any of the answers will change.

How you feel is not caused by others.
How anyone reacts to what others say can not be controlled except by the individual reacting.

As has been said, the MC works for the Board.
The Board has the control not the MC.
That is of course, if the Board actually takes control vs. giving it away.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By AlexM1 on 09/14/2017 8:19 PM
Our management company is very strict and stated many times that they did not want to hear of any of the board members talking among themselves without a management representative there. It makes me feel guilty when I see another board member and want to say hello to him but cannot for fear that the so-called manager(from the management company) seeing us. Is there any way that board members can talk among themselves without having the "manager" of the Management company present?


Well ... since they are the BOARD's Employee ... Potentially depending on your Contract with the MC you could potentially tell them where to go or fire them. Most State Corporate Laws do not like "MAJORITY" of Board members which would constitute a "quorum" to gather in one place without the HOA members being aware. This is to potentially prevent behind the back Meetings between members of the Board. It is not however in place to prevent two neighbors from having a neighborly conversation which is not a Board Meeting and requiring a quorum for any such meeting. It is also not in place to prevent all owners of an HOA getting together for an annual pot luck (such as my HOA) where we do not discuss any HOA business and which all members have been given notice ... and is simply neighbors and friends having fun!!!

Simply just do not have a quorum of Board members get together in one place without any other HOA members not having notice of any such meeting and you will be fine.
CarlJ2 (Texas)
Posts: 194
Posted:
HOA bylaws generally let HOAs be domineering organization so since the MC works for the board I'd look at the contract and then be prepared to tell the company manager where he can go.
SueW6 (Michigan)
Posts: 814
Posted:
The Board can hold work sessions, noticed to the Members, in which the management company is not invited.

The Board can hold Board meetings, noticed to the Members, in which the management company can be invited to give a report and then leave the meeting.

However, check your bylaws and the contract with the MC. If it states in there that the MC leads (presides) over the meeting or attends all meetings, you may be locked in to that.

PainintheA
Posts: 43
Posted:
You need to remind your property manager and his/her higher ups, if necessary of who's in charge - if they cannot or refuse to act accordingly, start looking for another management company.


YES

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