Management Contract

Started by AlexM1 • 8 replies • 665 views

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AlexM1 (Oklahoma)
Posts: 287

Posted:

How is this dilemma handled in other HOAs? Or is it? The newly contracted management office (for our condo association) has stated that board members are NOT allowed to send emails to each other..... cc each other on emails.....talk to each other. The only way that they can talk to each other is in the presence of the newly assigned management person. This is proving(so far) disastrous. Any comments/suggestions appreciated.

SheliaH (Indiana)
Posts: 6,964

Posted:

Why is your property manager dictating anything to the board - he/she works for the association, not the other way around, and the board is responsible for providing general direction to the property manager (not the same as micro-managing).

Assuming you're on the board, you and your colleagues need to man/woman up and tell this property manager the way things are supposed to go and if he/she doesn't like it, the association can and will look for another property manager.

Now, having said that - what is the board doing regarding email contact? Discussion on association matters should be done in open board meetings, along with the decision making. Is that what this property manager is trying to say? If so, have a heart to heart discussion with him or her - perhaps you do need some sort of policy regarding emails, which may need to be drafted with your attorney's help. For starters, those emails may be considered official association records and will need to be preserved.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AlexM1 (Oklahoma)
Posts: 287

Posted:

Thanks for your input.. I am about to go nuts. I have a feeling that this new company and this new manager is attempting to take over completely. The idea on this person's reasoning is that if two board members send emails to each other, this constitutes a meeting. This new manager of the management company is taking over COMMPLETELY and it scares me. They have started dictating policy as it pertains to contracts with contractors and all in the favor of the management company.. If the Board members are not authorized to talk to each other, this opens the playing field total in favor of the management company. I hasten to add that there is a lot of money involved and it is possible that the new management company knows this and for that reason, is restricting any communication of the Board members with each other.....The basis for their restrictions is that if two board members talk, it constitutes a board meeting

TimB4 (Tennessee)
Posts: 21,059

Posted:

I suspect that the manager wants to make sure that they stay informed.
I also suspect that it's to make sure that any open meeting laws are complied with.

My suggestion is for the Board to discuss this issue at the next meeting.
Then make the motion, if appropriate, that all board members and the property manager be copied on any emails sent between board members that deal with Association business.

AlexM1 (Oklahoma)
Posts: 287

Posted:

I just do not agree. They want an extremely tight control. they want the money and will go to any extremes to get our money. by keeping the board members from talking to each other... from emailing each other, that management person has total control.

FredS7 (Arizona)
Posts: 927

Posted:

Quote:

Posted By TimB4 on 04/03/2018 7:11 PM

My suggestion is for the Board to discuss this issue at the next meeting.

And do this in executive session, WITHOUT the presence of the manager. And make sure this is clear in advance. You could make one agenda item "discuss performance of present management and status of the management contract."

I find it hard to believe (especially in OK) that rules governing HOAs are that strict. There ARE good reasons for limiting discussions outside of meetings but what OP describes is unreasonable. I would also ask the manager to provide, in writing, copies of the relevant regulations.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By SheliaH on 04/03/2018 5:53 PM
Why is your property manager dictating anything to the board - he/she works for the association, not the other way around, and the board is responsible for providing general direction to the property manager (not the same as micro-managing).

Assuming you're on the board, you and your colleagues need to man/woman up and tell this property manager the way things are supposed to go and if he/she doesn't like it, the association can and will look for another property manager.

Agree 100%, the board needs to make sure the PM knows who works for who. The board is elected by the members to run the association, the governing docs probably specify that the board is responsible for running the association, and the PM is hired to assist the board.

Escaped former treasurer and director of a self managed association.

AugustinD
Posts: 5,144

Posted:

SheliaH nailed it.

KerryL1 (California)
Posts: 14,550

Posted:

You're on the Board, right, Alex? Why did you board hire this MC? Does the contract say what you're telling us?

How many are on your Board. Does OK law say what your MC is telling you??

If I recall right, Alex, you've been on your Board for awhile...

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