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JC3
Posts: 290
Posted:
What does your management co do for you?
What records do they gather, maintain, keep?
What activities do they perform?
Does a mc representative attend all board meetings, or rarely?
Do they have a function there other than presentation of manager's report?
Do they speak before being spoken to with their thoughts on a matter?
Does your mc run the board?
Do you pay retirement or health coverage for them?
RogerB (Colorado)
Posts: 5,067
Posted:
JC, in answer to your questions:
1 full services, they do all the day to day tasks
2 all HOA records, they are our registered agent with the state of CO
3 whatever is requested in writting
4 yes, every meeting
5 yes, they provide guidance to the Board and answer questions
6 yes, but only when the Board is placing themselves at risk
7 no
8 no
DonnaS (Tennessee)
Posts: 5,671
Posted:
JC3,
Wow! Lots of information you do need.
First of all, what do they do? They do whatever you ask them to do reguarding your Association. They will have a list of services that they provide and the fees associated with the service. They will keep your records, run your office. They have "on site" managers or off site. You give them your specifications and situations and they provide them for you. Do they attend meetings? Usually yes as the Property manager can give their association report and take minutes, etc.
Do they speak? Only if they are contributing to requests from the B.O.D. They DO NOT run the Board. The Board is elected by the residents to run the association and the manager works solely for that Board. It would be unusual for an Association to pay retirement and those type of fees for a manager usually because that is payed by the Management company to their employee. Make sure that the company is licensed by your State as they will be working under State Statutes and better be aware of those laws.
Upon hiring a management company or manager, it then becomes the Boards responsibility and especially the Treasurer's job to monitor any expenses and financial handlings of it's association. That way there is a safety system in place to prevent any mishandling of funds
JoeW1 (New York)
Posts: 728
Posted:
JC3 - Have to say that overall the MC that is employed by our Boards are about as dumb as stumps. Problem is that a stump is neither lazy nor can talk back with arrogance (when and when not spoken to) so it makes dealing with our MC worse. Our MC does not choose to be familiar with our By-laws nor local, state, or federal law. Therefore they permit the Boards to commit errors, is not entirely aware of what they have on file, they speak before spoken offering their opinion as if they hold a position on the Board.
DonnaS (Tennessee)
Posts: 5,671
Posted:

JoeW1
And your point is? Sounds like your B.O.D. needs a different management company unless the Board wants to take on all of the responsibilities of the M.C. Your choice but do something rather than let things go from bad to worse. It is the Boards fidituary duty as officers to take care of their association.
JoeW1 (New York)
Posts: 728
Posted:
DonnaS - One person alone can attempt to make a change, can make recommendations, that's all. It is the collective that can effectuate the end result. It is an association after all. I am not a Board member anymore, volunteering on committees, etc. I'm well aware of what a good M.C can offer and the importance.
GloriaM (North Carolina)
Posts: 829
Posted:
Full Service would consist of:

Service and Communications
Assist BOD in administering CC&R's
Prompt response to all telephone calls, emails, and correspondence regarding and problems or concerns.
Assistance with association newsletter
Preparation of special reports and recommendations as requested by Board
Interface with specialists retained by association for specific tasks.
Provide (and assist) CPA with information needed for audit/review and taxes
Assist owners with explanations of policies and procedures in the Declaration of Covenants
Coordinate contract negotiations, prepare Bid specifications per board
Meetings
Schedule, notice and coordinate board meetings
Assist BOD with preparation of the meeting agenda
Provide board packages prior to meetings
Assistance with conducting annual meetings and elections
Attend quarterly board meetings and annual meetings.
Distribution/Filing of meeting minutes.
Prepare Notice of Annual Meeting, proxies and ballots.

Legal liaison, as directed by board
Assist in preparation, passage, and filing of amendments to documents
Distribution of amendments to documents
Records
Maintain master mailing list and labels
Maintain custody of all association records in a professional acceptable manner.
Ensure all records are updated and available for board and owner review. These include: Declaration of Covenants; Bylaws; Rules and Regulations; Plans/Blueprints; Contracts; Roster; Election Results (proxies, ballots, proof of notices), and other documents
Maintenance Management
Oversee association repairs and maintenance
Procure bids and contract services as advised by the board
Assist and prepare specifications for bid procurement
Supervise contracts to assure contract fulfillment
Schedule maintenance-set-up schedule and procedures
Preventative maintenance-advise BOD and set-up schedule
Inspect property weekly for both covenant violations and review of vendor work, Inspections with reports
Contract with dependable (licensed & insured) vendors who perform quality work
Timely response to BOD and homeowner inquiries and maintenance requests.
On-call emergency maintenance services - 24 hours/day and 7 days/week
Property inspections more often when special contracted work is in progress
During major repairs, the inspections will include careful attention given to details as well as to potentially hazardous conditions.
All community contracted services, as well as non-contracted repairs and maintenance are periodically reviewed to ensure that your property will have the neat appearance and high standards which homeowners expect.
Financial:
Assist board with annual budget
Assist board with interest rate management of cash reserves
Ensure the Reserve Study is reviewed, undated regularly, and incorporated into the annual budget
Provide financial statements on a cash basis.
Monthly Late charges, monthly collections
Long-term financial planning (cash flow and reserves)
Financial Reporting Package - available by 15th of following month.
Monthly Financial Reporting Package includes: Balance Sheet, Income Statement, Budget Comparison Report, List of Delinquent Accounts, List of Prepaid Accounts, Check Register, and Current Status of all Delinquent Accounts.
Accounts Receivable
Prepare recommendations on policy and procedures for board approval
Facilitate billing with payment coupons
Offer and set up automatic draft from owner's checking account
Offer online payment of dues through e-checks and credit cards
Promptly deposit payments to appropriate association account
Maintain individual unit owner payment records
Diligently and aggressively pursue collection efforts
Collect monthly dues and special assessments from homeowners and builders though various methods of payment (checks, debit, or online)
Collection of delinquent dues via late letters at various set intervals and working with the association's attorney
Monitor association funds for maximum interest income
Legal liaison-Assist with liens, foreclosures. Proceed at board's direction.
Accounts Payable
Prompt payment of all association expenses. Vendors are paid timely - checks are written several times each week. Maintain credibility of association with vendors.
Maintain timely payment schedule, taking advantage of any vendor discounts
Establish and maintain cash flow
Submit abnormal bills to board for approval
Use correct general ledger accounts for proper budget control and auditing
Maintain check register
Maintain detailed records, including filing of paid invoices for proof of expenditure
Insurance
Assist with soliciting bids and securing annual insurance policy
Ensure that insurance coverage is at least the minimum coverage set forth in the Declaration of Covenants
Provide annual review of coverage, costs and obtain competitive bids
Confirm all contractors have appropriate insurance coverage
Assist board with filing association insurance claims

An MC works on behalf of the board with regards to the day-to-day operations of the association.
NancyD1 (Florida)
Posts: 447
Posted:
Holy s.. JC3 anything that Gloria has not included in the list isn't in a MC realm.
JC3
Posts: 290
Posted:
GloriaM, thank you very much. Your list is very likely complete.
Another question, please: You listed
"Maintain custody of all association records in a professional acceptable manner."

What records regarding the homeowners and lots does a good mc gather, maintain, and keep?

I appreciate your response. Your list is what I wanted.
Thank you very much.
JC3
Posts: 290
Posted:
Thank you all for your input into this for me. It is all helpful.
RogerB (Colorado)
Posts: 5,067
Posted:
Great list Gloria! I'd bet it even Board members who read this may be surprised

Additional items we provide are:
Provide guidance to the Board as needed and continuity from Board to Board
Coordinate with the ARC or upon request function as the ARC
Coordinate property sales and provide a Certificate of Status of Assessment
Draft documents including amendments, rules and regulations, etc. upon request
Weekly inspection reports
Prepare and mail violation of restrictions notices
Take minutes at all meetings
IRS and State tax preparation
File with the secretary of state anually to maintain the corporation's status
Management report at each Board meeting
Prepare and administer website
Prepare and distribute annual homeowners directory
Maintain each and every record; file hard copy and digital disk copy by year

I may have repeated some that you posted since there are so many functions.
I'm sure there are others but these come to mind at the moment.

NancyD1 (Florida)
Posts: 447
Posted:
Continuity from Board to Board? Does this really happen in the real world? We get silence when we ask previous boards what the circumstances were when something happened. Or they don't remember.

Hopefully it the same PM is on site he can help with transition questions.
RogerB (Colorado)
Posts: 5,067
Posted:
Nancy, it really happens. We believe providing guidance to the Board as needed and continuity from Board to Board is one of our more important functions. This can be achieved when agents have many years experience with the same HOAs and serve a maximum of 5 HOAs. That compares to a statistical average life of an agent of 4 years managing more than 10 HOAs.
DuaneW1 (Georgia)
Posts: 34
Posted:
While reading the responsibilities of the Management Company and seeing how below par our own has been, how then do we go about switching to another company?

I've driven around and seen neighborhoods that look much better than ours and wondered how we would go about contacting their HOA Board and seeing how they manage to do what keeps confounding us as a neighborhood. I hate that we have to keep 're-inventing the wheel' with each new Board, which harkens back to Roger's comment about the continuity which our company doesn't help while we flail about trying to find our own footing every few years.

Our current MC certainly wouldn't help us find a new company, and without finding a neighborhood that is happy with their own company, we've been at a loss as to what to do other than bemoan who we have and stay stuck.

Is it ethical to distribute flyers in nicely kept neighborhoods to contact the HOA Board? Everyone here is kind of nervous about that idea, but then no one else has any ideas either.

How do we switch companies?

Thanks.
LynnoraR (Maryland)
Posts: 41
Posted:
Thanks a good question Duane. I'd like to hear a response for that as well.

Also, I'm assuming that the MC has a contract or some sort for the services it provides and the fees associated with it. As a board member, I questioned the MC at a board meeting we had after not having one for over 1 year. I thought our association was dissolved because we heard nothing from the MC during that first year I moved in my community. When we finaly had our board meeting, I had a whole host of comments/questions for our MC and one of the replies I received was "that is not in my contract" Upon hearing that statement, I made a request last year to see our 'contract' and the MC just brushed off that request and never followed up on it. How do I go about obtaining a copy of the services we are under contract for? What if the contract has expired but we are not aware of it. All of my other board members would like to know the answer about this.
NancyD1 (Florida)
Posts: 447
Posted:
Quote:
Posted By LynnoraR on 09/25/2007 3:24 AM
Thanks a good question Duane. I'd like to hear a response for that as well.

Also, I'm assuming that the MC has a contract or some sort for the services it provides and the fees associated with it. As a board member, I questioned the MC at a board meeting we had after not having one for over 1 year. I thought our association was dissolved because we heard nothing from the MC during that first year I moved in my community. When we finaly had our board meeting, I had a whole host of comments/questions for our MC and one of the replies I received was "that is not in my contract" Upon hearing that statement, I made a request last year to see our 'contract' and the MC just brushed off that request and never followed up on it. How do I go about obtaining a copy of the services we are under contract for? What if the contract has expired but we are not aware of it. All of my other board members would like to know the answer about this.

Lenora as a BOD member you have every right to see any contract that pertains to your HOA. If the MC refurses to show it to you, don't pay them this month. If they question why, "I don't know what the contract says, so we won't pay until I do". Then get rid of them. If they are refusing to give you a contract, what else are they doing? The MC works for your HOA, you do not work for them.

When you are looking for another MC call the surrounding area HOA BOD's. They will help you. Don't expect to much though. There is good and bad with every MC. A year ago our HOA was ready to fire our MC, we did not because we got the same recommendations from other communities. Work with the MC you have, tell them they have to shape up to provide the services your HOA needs or they are gone. Many times Bod's do not give the MC direction about what they expect from the them.
RogerB (Colorado)
Posts: 5,067
Posted:
Lynnora, the Board should already have a copy of the Management Agreement. If not, ask the management company to provide every Board member a copy. After each Board member reviews it consider changes desired. If the MC can not provide a copy give them a 30 day written notice to terminate for cause (not written contract available).
LynnoraR (Maryland)
Posts: 41
Posted:
I am going to make a specific request for that during our next meeting in October. No one on the board has seen the MC's contract with our HOA.

I made this request last year and our MC rep passed the buck and assigned us another rep from the MC (that's a whole other story). That's what I meant when I said the issue got brushed under the table. Although I had not intended to cause a ruckus, my questioning raised some serious eyebrows during that meeting and 4 previous board members resigned from their posts and resigned from the board. I couldn't help but think that something was real strange about that. Maybe they didn't want a new, young and "overzealous" hothead coming in and disrupting their happy little world but I did not want to pay another $455 a year to an association that was dormant and no one knew what was going on. It was time to ask some serious questions that obviously no one else was asking.

These postings have been a tremendous help to me and has really opened my eyes to a lot of things. Thank you all!
JC3
Posts: 290
Posted:
I have a seen a copy of our mc's contract, and nowhere is there ANY info such as has been posted above by GloriaM. Our contract is very simple and almost totally without detail, therefore my question in the first place, "What does your mc do for you?"
Just because one has a copy of the contract does NOT mean that one knows then what all the MC does, what records they keep on a lot or an owner.

I have asked our mc for a presentation as to what all they do for us. Just a few months ago they sent a note to the board regarding an activity the board has been doing for at least a few years that I thought was illegal, and turns out, it is in violation of state law. Why did it take them so long to tell the board and to correct this situation?
JC3
Posts: 290
Posted:
Rather than waiting till the Oct meeting, write a letter to the board AND to the MC, asking for it, and a presentation of what they do for you--maybe a sample file, or a visual aid, even maybe a poster, that tells what is in the files of a "naughty" homeowner, along with a list of their activities. ((not just "record keeping", "bill paying", and "inspection reports".)
JC3
Posts: 290
Posted:
If you send it now, certified, you may have the info you want AT the Oct meeting, rather than waiting till Nov, Dec, Jan, or whenever, or your request gets lost in the shuffle.
RogerB (Colorado)
Posts: 5,067
Posted:
JC3, rather than ask "What does your mc do for you?" a better question is "Why did your Board sign a Management Agreement without including in the agreement the details which are desired?" Of course every little detail can not be included but the Agreement can be amended to include additional items as necessary. If you want records maintained by unit (not by owner) it is best to include this in the Agreement so there will be no misunderstanding.

We normally do not keep an individual file on single family homes on individual lots. If requested, it would be done and priced accordingly.
GloriaM (North Carolina)
Posts: 829
Posted:
JC:

Sorry I haven't responded to your question, its budget time for me and I've been very busy with documenting draft's for 2008 budgets for our communities. There you go another duty we perform. lol

You asked what records do we keep and maintain; all records for the corporation/HOA:

Articles of Incoporpation
Bylaws
CCR's
Tax Returns
Financial Statements
Violation Letters - HO files
Minutes
Membership Roster
Copies of checks
Deposit tickets
Closings/statements
Correspondence
Invoices paid
Maps of the Community
Easements
Vendors Lists
Board Members List
CD's

The list goes on and on...We keep and maintain all records for the HOA.
GloriaM (North Carolina)
Posts: 829
Posted:
Duane:

The board needs to sit down and write all of the requirments/duties you would like your new MC to perform. Then go out to bid like you would for any new service.

Find management companies in your area, interview with them and check on their references. Go visit some of the communities they manage. Meet the principles and the Manager that will be assigned to your community. See what insurance they carry and make sure they are bonded and have the expereience needed. I see here in NC many new companies opening up because someone served on the board and believes they have the experience to operate an MC. As you can see this is a specialized field and requires a company with the knowledge and experience to guide and direct the board and bring the community to a place of enhancement. Good luck.
DonnaS (Tennessee)
Posts: 5,671
Posted:

DuaneW1,
First of all, let me re-explain to you that the MC works for you, your Board and all of your owner/members. Have no fear of them.
As you drive around and see other neighborhoods, go knock on a door. Do they have an office--go in. Look in the phone book at an address inside an area that you are impressed with. I would not go the flyer route because people hate having that junk stuck in their doors and boxes. Contact their Board and I am sure they will give you any plus and minuses of their M.C.People love to share good stuff.
Your yellow pages also has a listing of M.Cs and call them. Negotiate. Tell your M.C. owner that you are unhappy with the service that you are recieving or with it's agent that serves you. Even if you have a contract, that can be worked with, especially if you are strong in conviction that you are unhappy because of poor service. Be aggressive with them. It's your dollars.
SidneyP (Florida)
Posts: 302
Posted:
Quote Nancy "Work with the MC you have, tell them they have to shape up to provide the services your HOA needs or they are gone. Many times Bod's do not give the MC direction about what they expect from the them.

Nancy is right, there is good and bad that comes w/each MC. It is up to the BOD's to make it work. We have only had control of our HOA for 21 months and we are on our 3rd MC. Each time we change we have to pay a new MC a extra start up fee, (from $300. to $500) plus this time we are paying $2000 more, which we can't afford and is more then the budget allowed. We have 14 delinquent accounts (due July 1) of which 2 owe over $2000., the overall total is over $10,000. which we can't survive w/o this money. With each new MC comes their own attorney which means we start all over again w/collection. These attorney's don't come cheap. I know for a fact most of the problems have come from our BOD's in our case. So it is best to have a good face to face talk w/the MC before you decide to change.
DuaneW1 (Georgia)
Posts: 34
Posted:
'Tell your M.C. owner that you are unhappy with the service that you are recieving or with it's agent that serves you. Even if you have a contract, that can be worked with, especially if you are strong in conviction that you are unhappy because of poor service. Be aggressive with them. It's your dollars'

Thanks Donna & Gloria, this helps a lot, and I'll save my flyers for another situation!

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