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PMs Responsibility

Started by PaulJ • 12 replies • 1279 views

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PaulJ (South Carolina)
Posts: 54
Posted:
As a newly elected board, we're evaluating our PMs performance. Our previous board operated in complete violation of Florida's open meeting statutes. To what extent is the PM responsible for allowing this? Clearly the BOD can fire her, but is she obligated to inform them, the association or her superiors of violations?
LindaC3 (Florida)
Posts: 526
Posted:
PaulJ..Good Morning from a sunny Flr......One quickie then after that maybe I can help you.....Is your property manager a CAM here in florida with a license from the state ? LindaC
PaulJ (South Carolina)
Posts: 54
Posted:
Quote:
Posted By LindaC3 on 08/01/2007 5:22 AM
PaulJ..Good Morning from a sunny Flr......One quickie then after that maybe I can help you.....Is your property manager a CAM here in florida with a license from the state ? LindaC


Our building is managed by **********.
LindaC3 (Florida)
Posts: 526
Posted:
PaulJ....OOPPSSS.....On HOA talk we are not allowed to use NAMES ....I just needed to know if you had a CAM because you said "she"....Will do some research for you and get back with info...LindaC
PaulJ (South Carolina)
Posts: 54
Posted:
Quote:
Posted By LindaC3 on 08/01/2007 5:41 AM
PaulJ....OOPPSSS.....On HOA talk we are not allowed to use NAMES ....I just needed to know if you had a CAM because you said "she"....Will do some research for you and get back with info...LindaC

The answer is that the company provides the PM, who we can fire and request a replacement. No one specific was named.
JoeW1 (New York)
Posts: 728
Posted:
PaulJ - The PM should be fully versed in the state laws of the association. What are the violations you refer to?
LindaC3 (Florida)
Posts: 526
Posted:
PaulJ..................

COMMUNITY ASSOCIATION MANAGEMENT (ss. 468.431-468.438) Go to myflorida.com and look up these statute numbers...You MAY find the answer you are looking for,,,,Our CAM even has the wording in his employment contract that he shall abide by and INFORM the BOD of all Fla Statutes that pertain to the association.....Hope this helps you out............LindaC
BradD2 (Florida)
Posts: 418
Posted:
Check for your Association at http://www.sunbiz.org/corinam.html If you have a PM they are most likely listed as the Registered Agent. You can then file a complaint against that person with the Florida Department of Business and Professional Regulations at http://www.state.fl.us/dbpr/

What Linda was asking was if the PM (or the one she reported to) was professionally licensed. If your Association is over 50 units then they must be in order to be paid for rendering their services so you can file a complaint with the group that licences them. The state and them take it very seriously.
PaulJ (South Carolina)
Posts: 54
Posted:
Interestingly, the registered agent is listed as the former former president, who resigned last year.
PaulJ (South Carolina)
Posts: 54
Posted:
What is the precedence of authority? Suppose the PM informed the board they were not in compliance and they simply ignored her. Or told her they'd fix it and did nothing. What is her obligation? She works for a management company. Does she inform her superiors? Or is her obligation only to inform and then she's done?
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By PaulJ on 08/01/2007 9:30 AM
Interestingly, the registered agent is listed as the former former president, who resigned last year.

Paul, I suggest your HOA update their registered agent. The registered agent should be the one who can provide status letters to title companies for ownership transfers; and can provide the association records to review upon request. We are the registered Agent for all manditory HOAs that we manage.
PaulJ (South Carolina)
Posts: 54
Posted:
Quote:
Posted By RogerB on 08/01/2007 10:25 AM
Posted By PaulJ on 08/01/2007 9:30 AM
Interestingly, the registered agent is listed as the former former president, who resigned last year.


Paul, I suggest your HOA update their registered agent. The registered agent should be the one who can provide status letters to title companies for ownership transfers; and can provide the association records to review upon request. We are the registered Agent for all manditory HOAs that we manage.

Thats the least of our problems, but of course we'll get our corporate paperwork in order. Since you're an HOA professional, what do you do when your Board is breaking the statutes and doesn't do anything when you fill them in, or what would you do if that were to happen?
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By PaulJ on 08/01/2007 12:46 PM Thats the least of our problems, but of course we'll get our corporate paperwork in order. Since you're an HOA professional, what do you do when your Board is breaking the statutes and doesn't do anything when you fill them in, or what would you do if that were to happen?

If I were your MA I would terminate the agreement. If I were a member I would actively pursue replacing those Board members who are knowingly violating laws.

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