Management Company problem

I have tried and failed to get a response from the management company .I called the office back in August ,the person who answered I asked them the question I had ,was told that they had no idea and to call the owner .So I called the owner who promised to get back with me .Never happened ,I sent a certified letter that after 2 weeks was finally picked up but not replied to . I then sent a email with the information I would like a answer to and nothing .

I got the large envelope from the management company it stated you could call or email if you had any questions on anything that was sent . I got an email together and sent it yesterday early am and nothing has happened .

There was also a note if you wanted to be on the board reply no later than 11/27 .I asked in my email what positions were they looking to fill .

This is why I have had it up to here with this company that as far as I know only a few still want around but who know for what reason .

The thing is the questions I have had are not legal type questions .

First question I asked for an answer to was there a contract with the pmc and if so how long is it and who renewed it ,if it was renewed or is this an auto renewal .
( that is something the secretary of the pmc should have been able to just look up in the computer and tell me )

( I have asked the hoa secretary and president and neither know this answer either )

Second question I asked was about the rental cap papers which were sent out .Received on 11/17 but they want them returned by 11/29 -11/30 but numerous times say you have 90 days .So is it really 90 days and if so why did they put down next week as the day to turn them in ?

Third was about the placement of 2 more board member's with no specific spots on the board mentioned .

I did not think any of my questions were out of line but honest answers and responses I am not getting .

I would not mind to throw my hat into the ring but I will not be a yes person who says yes to anything and everything they speak about .I would need time to make a decision .I would think that would be what all should do .

I just cannot figure out why the current hoa people keep thinking that this pmc is so great .

( on a side not the one company I spoke to about their management service was very quick to respond to my most basic questions the same day I asked via email .)

( if for some reason they were not going to be in this week should they not have had a email message that replied out of office till xx back in on xx ) like other places do ?

I wonder if there is anyone who can audit ? not sure if that is the word or not to make sure the finances of the company are in good standing

Also when they sent over the budget how does one know if the prices listed are correct ?
Not one person has ever seen any of the contracts they do for lawn services etc.. how do we know if they compared companies or not ?

Secretary of hoa has never received a complete list of all the owners in the subdivision either like its top secret or something .

As to how I feel about the rental cap papers I am thinking hard on voting no because it is really really restrictive

Lori,

Although everyone has tried to explain, the above comment tells me that you don't understand the make-up of HOAs/COAs.

The Board consists of Directors who are elected or appointed.
There is only one position, a Director.
This is why the full name is The Board of Directors

Directors make the decisions for the Association.

Officers of the Association (Pres. VP, Secretary, Treasurer) are appointed by the Board of Directors.
Officers implement the decisions of the Board and carry out the day to day tasks of running the Association.
Typically, mainly due to a lack of Volunteer or misunderstanding of the position, Officers are appointed from amongst the Directors. When this occurs, that individual has two jobs.

The question of who wanted to be on the Board would be so your name could be on the Ballot and elected as a Director.

What Officer position you may or may not hold will depend on any qualifiers identified within your governing documents, the Boards vote and your willingness to serve in that Officer capacity.

If elected, you will be a Director and member of the Board of Directors, regardless if you serve as an Officer or not.

I now think that the PM doesn't reply because they don't understand your questions. We here tried to explain many times the correct words to use about HOAs and you don't seem to understand us.

HOAs have their own language and no one will understand you if you don't speak it right. Many posters here have been supremely patient with your misunderstandings of HOAs. I think, but can't be sure, that most have given up.

Here is what you wrote: "I thought that this is how it went

Board of Directors ( according to the cc&r and bylaws there should be 5 )

Then under this President ,Vice president ,secretary ,treasure and nominating committees."

For perhaps the 5th time from multiple sources in all your posts: The Owners elect a board of directors. Then, this new board elects OFFICERS (pres., etc.), who usually are director members of the board.

Please read Tim's most recent reply again.

Lori
As others have said it seems this stuff might be over your head but for the umteenth time:

Typically:

Docs (typically the Bylaws) will say the size of the BOD can vary. Usually saying 3 to 7 members with 5 being typical. The BOD can decide how many as long as it is 3 to 7. Our docs say 3 to 7 and while we typically operate with 5, we have been known to run with only 3 (presently 4) and wait for the next election.

BOD's are elected by fellow owners usually at the Annual Meeting. If there is not a Quorum, there cannot be an election and the existing BOD Members stay in place. Quorum size varies. Our docs call for 20% of owners present or via proxy. Of 112 owners, we need 23 owners to be at the meeting or given their Proxy.

After the election the BOD meets and elects its own Officer from among themselves. Not all BOD Members will be an Officer. We have 3 Officers, President, VP and Treasurer (same person), and a Secretary. In our case all BOD Members and Officers have to be owners. Bottom line is owners do not elect Officers. Owners elect BOD Members and the BOD Members elect their Officers.

If a vacancy exists on the BOD (say through resignation, death, selling their unit, not enough ran for the BOD, etc.) then the BOD can appoint any owner (via a BOD majority vote) to fill that vacancy. Typically if it is an Officer that left, this will trigger an Officer Election. Again, with only the BOD voting.

An Officer can resign from their Office but they will still be a BOD Member. If one resigns from the BOD, they cannot remain as an Officer. They are gone.

Committees are appointed by the BOD and serve at the will of the BOD. Any member of a committee can be removed by the BOD. The BOD can remove the entire Committee and take the role of that committee on. Our BOD is also our ACC.

Lori

You are hurting your own case by not understanding terminology nor procedures. I can hear people now say, she does not understand thus ignoring and/or blowing you off.

A director is a director is a director. There ARE NO SPECIFIC SPOTS for any candidates. The election is for directors, period.