Bad HOA property manager

Why would scheduling board meetings be part of the property manager's duties - that was THEIR responsibility.

As for responding to the emails, was there anything in this contract that specified when responses were to be expected (e.g within 3 hours) What type of response were you expecting - that the email had been received and you'd get a response after the issue had been investigated or that something specific would be done? Depending on the subject of the email, you can't always expect a response right away.

If you're looking for reimbursement of any fees paid, try looking for something far more serious, such as failure to supervise a contractor (you'll have to prove how the failure hurt the association, such as having to pay more for work because the property manager didn't contact the vendor like he/she was supposed to).

Otherwise, I'm inclined to agree with your spouse - the property manager is gone, so move on. Just make sure you've obtained all the association's documents so there will be a smooth transition to whoever you hire. And this time, have a conversation about what the association should and shouldn't expect regarding the manager's duties. His/her job is to manage the property, but things that should be the board's responsibility (like scheduling its own meetings) is on the board. If you don't have board members who can do things the right way, get rid of the current bunch and vote for those who will (you may need to be one of them)>

I'd say that it would be a waste of time.

Even if you pursue it in small claims court and represent yourself, how much do you expect to get back?

Out of your annual assessment, how much of that goes toward paying for the manager, then divide that amount by the number of properties in the HOA, and then further figure out the amount that represents the failure to honor contractual obligations.

Here's an example our contract with our management company runs at about $7200 per year, plus extras for services that are billed separately. Lets say the response to emails and convening board meetings is part of the master contract. We have 233 properties so each property's share of the $7200 is about $30. Lets say that the non performed contract was 15% of the master contract - that amounts to a refund of $4.50 to you.

But really the contract is between the HOA and the manager, I doubt that you can claim anything from the HOA for its failure to ensure that the contract provisions were not met - seems like they remedied it by terminating the contract.

I probably should have clarified that I am the president of our 3 person HOA board. Our dues are 14K per year but didn't account for the percentage of failure. I figured that at this point is would be 30-50% failure. In any event, I sent an email to the management company's management as more of a heads up that we are looking into the breach of contact and see what they say. They might come up with a quick settlement offer to make it go away.

Property managers are PAID contractors of the HOA. Which means the ONLY monies they are to get is what was written in the contract. It has NOTHING to do with whatever dues your HOA did or did not collect during that time. The dues are the HOA's business NOT the Property Managers. They just worked for the peanuts you paid them.

Your really just asking if you can prorate the contract for the work the contractor did. Which I would say would be nearly impossible to prove. Instead, it was more of violation of the contract that allowed you to fire them.

Dues do not equate to the Property Management salary. The dues are used to pay the Property Manager's salary per whatever contact that exists.

As a Management company, I am not a PAID contractor, but the managing agent.
I don't work for peanuts, I demand cold, hard cash.
It does matter what dues are collected, as my monthly fee is from what is collected.
The dues are MY business, that is what I bill for and collected and lien for.

Richard most HOA's pay a management company to do what they want them to manage. Hence they are paid contractors to the HOA. Dues are the INCOME of the HOA. The HOA then pays their Contractors from that income. Now the Management Company may be paid to collect/manage/pay debtors dues money. Make no mistake, that once the management company is gone, those dues are going to the HOA NOT the Management company once that contract has ended.

While you may be noted via the Secretary of State as the agent to receive the HOA correspondence and who they contact ... you are still contracted by the HOA to perform that duty. Generally here in CO the Management Company will be noted as the contact agent via the Secretary of State if the HOA has a Management Company. Otherwise it will be an officer of the HOA.

I think that was the point Melissa was making ... you are an employee of the HOA even if you are noted as the “agent”.

Really??? Who signs the checks you receive?

Look, Melissa & Janet. Many CC&Rs do not permit the manager to be the "employee" of the HOA, including ours.

YOU HAVE NO IDEA WHAT YOU ARE TALKING ABOUT!

Mike

Let me comment as someone who does own a MC. I think based on the number of units, you fee is a little high, but I don't know how many meetings per year you have or the amount of amenities.

Was the proposed budget submitted to the Board on time or delivered to the homeowners late. I will generally submit proposed budgets to a Board in late September. I will have the budget package prepared long before that, so all is ready by December 1st, if the end of the year is your fiscal year.

Is the MC and the Board on the same page in regards to compliance? Once the letters are sent, does the Board meet to enforce, due process?

It is the responsibility of the Board, primarily the President to set the agenda and the dates of the meetings. The MC will prepare the agenda, get a meeting place, post if convenient.

We are different than the landscaper and the pool guys. If properly done, we are what can make a HOA run smoothly.

Using HOA funds ... and the BOD can choose to replace you as an independent contractor in the future, if they so desired.

When we went out for bid I got 4 which were all around the same price except the new MC companies offered significantly more in services like a web portal and other technology to help with the administration and visibility of the complex/HOA. Meetings were every other month. I'm sure there are some others that might offer services for less but given that 4 bids came in all close in price I think 1200 is reasonable.

The proposed budget was late by about 4 months. We got it in January and yes we are on a Jan-Dec fiscal year.

Again, our management company was responsible for coordinating the board meetings (as stated in the contract). This generally wasn't the problem but the MC company had some turnover and it got all messed up.

You are 100% correct that a good MC is valuable and vital to helping an HOA run smoothly. However, they still are a contractor to the HOA and can be replaced as we have done.