HOA MANAGER

LV (South Carolina)
Posts: 38

Posted:

There is one company that has verbiage in their contract that states the community manager has to have a single contact with a person on the board. I believe this verbiage is in a contract to protect against collusion of board members. Basically, the community manager can point to this clause in the contract in case various board members call them individually to fire a landscaper, etc. I get that verbiage.

We have a President who takes this verbiage literally. She believes that all communication goes through her and she will disseminate. Herein lies the problem, she is not disseminating the information to the other board members. We are going to open board meetings and just hearing these things. I told our president that going forward, any emails that all board members be included for transparency and contingency. She got defensive but I think its the right thing to do. What do you think?

TimB4 (Tennessee)
Posts: 21,061

Posted:

LV,

The Board can appoint someone else to be the contact.

Personally, I think the reason most contractors want a single point of contact is so that they, and the Association, is clear on who the contractor is to take direction from.

GenoS (Florida)
Posts: 4,276

Posted:

I think the designation of a single point of contact with the property manager probably has less to do with corruption and more to do with saving time. Fielding calls and emails from multiple people is a big time waster. I think a lot of association attorneys also require a single point of contact, maybe a couple of people at most who are authorized to pick up the phone and ask the lawyers questions.

Also, collusion is not a crime except in the narrow context of Anti-Trust law. Corporate media propaganda lately keeps hammering on the word "collusion" which does a disservice to people. Another discussion for another forum, perhaps.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By LV on 11/02/2017 8:02 PM
There is one company that has verbiage in their contract that states the community manager has to have a single contact with a person on the board. I believe this verbiage is in a contract to protect against collusion of board members. Basically, the community manager can point to this clause in the contract in case various board members call them individually to fire a landscaper, etc. I get that verbiage.

We have a President who takes this verbiage literally. She believes that all communication goes through her and she will disseminate. Herein lies the problem, she is not disseminating the information to the other board members. We are going to open board meetings and just hearing these things. I told our president that going forward, any emails that all board members be included for transparency and contingency. She got defensive but I think its the right thing to do. What do you think?

I agree there should be one contact person from the Board; however, that Board contact person needs to forward any and all responses to all other Board Members. If the contact person is not fulfilling their responsibility ... then as Tim noted you can replace the Contact Person with another who will properly fulfill their responsibility towards their fellow board members who have equal accountability as board members.

FredS7 (Arizona)
Posts: 927

Posted:

I think you need to look up the dictionary definition of "collusion."

The PM wants a single designated contact for the same reason that you want only one supervisor at work.

KerryL1 (California)
Posts: 14,550

Posted:

Our MC contract also says the Board needs on "liaison" between the Board and mgt. The clear purpose is to keep 7 of us directors all making requests or, worse, directing the onsite PM & her asst. mgr. This liaison doesn't have to be the Prez.

So....vote the prez out of the liaison position.... OR vote her out as prez.

In HOAs. anyway, the Board governs via its action at meetings, which direct our PM. And Our bylaws certainly do give the Board the right to delegate many or most tasks to a MC.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By FredS7 on 11/03/2017 7:53 AM

I think you need to look up the dictionary definition of "collusion."

What is COLLUSION? from Black's Law Dictionary:

A deceitful agreement or compact between two or more persons, for the one party to bring an action against the other for some evil purpose, as to defraud a third party of his right Cowell. A secret arrangement between two or more persons, whose interests are apparently conflicting, to make use of the forms and proceedings of law in order to defraud a third person, or to obtain that which justice would not give them, by deceiving a court or it officers.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JanetB2 on 11/02/2017 11:47 PM

Posted By LV on 11/02/2017 8:02 PM
There is one company that has verbiage in their contract that states the community manager has to have a single contact with a person on the board. I believe this verbiage is in a contract to protect against collusion of board members. Basically, the community manager can point to this clause in the contract in case various board members call them individually to fire a landscaper, etc. I get that verbiage.

We have a President who takes this verbiage literally. She believes that all communication goes through her and she will disseminate. Herein lies the problem, she is not disseminating the information to the other board members. We are going to open board meetings and just hearing these things. I told our president that going forward, any emails that all board members be included for transparency and contingency. She got defensive but I think its the right thing to do. What do you think?

I agree there should be one contact person from the Board; however, that Board contact person needs to forward any and all responses to all other Board Members. If the contact person is not fulfilling their responsibility ... then as Tim noted you can replace the Contact Person with another who will properly fulfill their responsibility towards their fellow board members who have equal accountability as board members.

I agree. One contact for all vendors, MC's, lawyers, etc. I am VP and Treasurer and I have been designated as the contact for our attorney as I have dealt with him in the past. I do not contact the attorney unless the BOD agrees with the reason for the contact and I forward all contact information to everyone on the BOD.

DrC1 (South Carolina)
Posts: 18

Posted:

I Agree that ONE contact person from the board should be appointed to be the line of communication from the Management Company and the HOA BOD.

I Agree that whomever that BOD member is REQUIRED to keep all BOD members informed. This is that contact members fiduciary duty no matter the office held on the BOD.

UNLESS the ByLaws or CCR say something different. Remember the ByLaws always dictate...and Federal laws, State laws and local laws all must be followed.

LV (South Carolina)
Posts: 38

Posted:

Thank you all and my apologies as collusion would not work in this instance. I used in wrong context. Thanks all again!