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Contract with Management Company

Started by TomC14 • 9 replies • 589 views

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TomC14 (Colorado)
Posts: 15
Posted:
In contemplation of running for a Board position in our HOA, I want a copy of the contract made by the Board with the HOA management company we have. I also would like a copy of the contract the HOA management company has with a landscaper service. This HOA is in Colorado. If I ask the management company for those, are they required by law to give it to me? I can ask a Board member to get me those things, but I want to see how much I can get done on my own.
Advice?
BobB31 (Florida)
Posts: 178
Posted:
You can find the Colorado Revised NonProfit Corporation Act here: https://www.colorado.gov/pacific/dora/hoa-related-state-and-federal-laws by expanding the Corlorado Acts section. The direct link to the Act is https://drive.google.com/file/d/0B1VD36mBqe1EY090UWgxbllQY0k/view?usp=sharing. On page 69 you will find the answers to your questions. I could not copy-paste from that document so this is the best I can do.
SheliaH (Indiana)
Posts: 6,964
Posted:
Read your documents first - they should state what owners are entitled to and you need to become very familiar with them if you want to serve on the board. You are a homeowner so you should be reading them anyway to know what your rights and responsibilities are.

Send a letter to the property manager with a copy to the board and gone them a reasonable amount of time to respond. 10 - 15 days is plenty. Call or email the manager 3 -4 days later to ensure it was received and go from there. If there's no response, notify the board.

Hopefully that's all it takes, but it not, go to the next meeting and ask for a response face to face. Don't get indignant (yet) - sometimes things do get lost. If there's still no response, check if your state has a consumer protection department and file a complaint. Good luck!
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am not sure you are allowed a copy of the lawncare contract if they work for the MC. You could be if the lawncare works for the HOA. Remember the MC is a CONTRACTOR to the HOA. Which the copy of the contract should just include services they provide the HOA and rates. You are NOT entitled to know how much a MC employee makes. I've seen some people demand that and that is the MC's business.
Former HOA President
JohnS111 (New York)
Posts: 228
Posted:
Bob31, your post is super-helpful. The OP should be entitled to the management contract based on that statute.
TomC14 (Colorado)
Posts: 15
Posted:
Thank you! I will read the Act through, along with our covenant document.
TomC14 (Colorado)
Posts: 15
Posted:
Quote:
Posted By MelissaP1 on 05/27/2019 2:35 PM
I am not sure you are allowed a copy of the lawncare contract if they work for the MC. You could be if the lawncare works for the HOA. Remember the MC is a CONTRACTOR to the HOA. Which the copy of the contract should just include services they provide the HOA and rates. You are NOT entitled to know how much a MC employee makes. I've seen some people demand that and that is the MC's business.

At this point, I don't care about their pay............I want to see the contract wording, duties/responsibilities, recourses, out clauses, etc. If I decide to get on the board and get elected, I'll dig into the pay details then.
TomC14 (Colorado)
Posts: 15
Posted:
Quote:
Posted By SheliaH on 05/27/2019 1:34 PM
Read your documents first - they should state what owners are entitled to and you need to become very familiar with them if you want to serve on the board. You are a homeowner so you should be reading them anyway to know what your rights and responsibilities are.

Send a letter to the property manager with a copy to the board and gone them a reasonable amount of time to respond. 10 - 15 days is plenty. Call or email the manager 3 -4 days later to ensure it was received and go from there. If there's no response, notify the board.

Hopefully that's all it takes, but it not, go to the next meeting and ask for a response face to face. Don't get indignant (yet) - sometimes things do get lost. If there's still no response, check if your state has a consumer protection department and file a complaint. Good luck!

I read through our covenant document before I bought this house, but that was several years ago, so studying it through again is on my reading list. Past requests for documents from this HOA management company have met with stalling tactics, reluctance, etc. Eventually, they came across, but their reluctance has always concerned me.
MarkM19 (Texas)
Posts: 1,459
Posted:
Tom,
You have given us some details but other things are up to us to guess about.

1) What type of community? SFH or Condos
2) How many units in your development?
3) How old is your community? Who controls the board HOs or Builder?
4) Every community has someone that cuts the grass. What is your issue with your?
5) What are your main concerns? What is raising your curiosity?

Since I do not know any of the answers to these questions I will take a stab at answering your questions now.

Boards and PMC get complaints from about 5% of the people in the community. If they answered every question asked every time there requested it could easily occupy 50% of their time. What happens then is the board who the PM works directly with will start saying why are we not getting our action items done. If she says I am working with Tom and trying to make him happy. Well lets just say that won't go well for most PMs. Please remember that they are always overworked and almost always underpaid. I am a board President and I feel for them but they signup for the job so they have to do it. They do not work for you they work for the board and if you want more influence run and get elected. Then you have a 20% say in what they do for your HOA.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, the property manager works at the board's direction, so if stalling, reluctance and all that is what's happening, you need to tell the BOARD your concerns. If they don't address it or refuse to, that could be one of the issues you bring up in your election campaign. If you win, you'll be in a better position to have a come to Jesus meeting with the property manager, reminding him/her who runs the show. Property managers can be replaced, but that's a big step. Keep studying the issues and consider all options before you proceed. Good luck!
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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