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PaulJ6
Posts: 990
Posted:
Is it pretty common for property managers to dislike owners, or at least not care about owners?

Two examples:

In my current HOA, I asked for a copy of the governing documents. State law requires that they be provided to me. Yet the property manager demanded that I write him a check for $300 for them. I pointed to the state statute, demanded that the property manager send them to me, and within a few minutes, the property manager emailed them to me.

In the HOA I'm buying into, I have to pay some processing fees to the HOA for the purchase of my new home. Wouldn't you think that you could pay by credit card, or even just submit one check? Nope. I have to submit 5 different checks, all payable to the property manager, in varying amounts. One check- a "digital processing fee", for $55, has to be certified, thus requiring a trip to the bank but the other checks (from $100 to $600 each) just have to be written out individually and can be personal checks. And one is a "courtesy charge" for $650. This is illogical, make-work money-grabbing.

Anyone else suspect that the property manager sits back and laughs at people who pay $300 for a document that the property manger can email, and at people who have to stand in line at a bank to get a $55 certified check?
DonaldT4 (Massachusetts)
Posts: 13
Posted:
I suppose that it is "pretty common" for property managers (and, for that matter, HOA boards) to be a bit salty when dealing with people who have a track record of being a pain in the a$$.

I would find it unusual for any HOA to accept a credit card for payment of dues or fees.
PaulJ6
Posts: 990
Posted:
All HOAs that I’ve been involved in have accepted credit card payments online.

But separately: requiring multiple individual checks, all payable to the same person, and a $55 one (but not larger ones) needing to be certified? Really?
SheliaH (Indiana)
Posts: 6,964
Posted:
It’s impossible to say. Part of being a property manager is providing good customer service, so I would be concerned about someone who would snap at homeowners for no reason or do something contrary to what the association’s contract requires him or her to do, and that should be reported.

On the other hand, people are not piƱatas and just because you are in customer service, that doesn’t mean you have to put up with people’s BS. There are people who don’t know (or care) how to behave and then wonder why they aren’t getting anywhere.

Since we didn’t hear the conversation between you and the property manager, I don’t know the tone of what you or the manager said, whether one (or both) of you were in a pissed off mood to begin with. You didn’t say whether the association’s policy is to charge for extra copies of the governing documents – I agree $300 is excessive, especially if they’re in a PDF that can be emailed to you, which is what happened. So, I will assume you're venting, which is ok.

I deal with the public all the time in my job and I find that you can only control how YOU react when people behave like buttholes, even when you’ve done your best to be professional) because the only way to put toxic people in their place is not to play their game. Where’s the fun in acting a fool when the other person simply says ā€œI’ll talk to you after you calm down and walks away?ā€

Your previous conversations on this board indicate there’s lots of bad blood between you, the board and the property manager, so from now on, try to minimize your contacts and be as cordial as you can. If you have a spouse, perhaps she can do the talking if you don’t think the other side is interested in speaking to you for whatever reason.

(By the way, did you look in your old purchasing documents to see if the documents were already there? Now that you have them, please keep them in a safe place.)
As for the HOA you’re buying into, I agree it would be easier to pay one check to cover everything, and I don’t know whether you asked whether this would be possible. Until you close on the home and become a member, you’ll just have to follow their process for now. After you become a member and get to know the board, you could ask about this – I would think it would be simple to come up with some sort of invoice listing all the fees and what they’re for, along with a space to total the amount.

Then again…didn’t you put another conversation on this board where you mentioned you didn’t want to get involved with any part of HOA governance? Little things like this are part of that, so if you want to push for efficiency (thus leading to lower costs), I guess you’ll have to rethink that stance. In that conversation, I recall saying if you’ve had it with HOAs, you were better off buying a home that’s not in a HOA community and live as you wish. What happened?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posted:
Paul,
Not sure how you bought this property. Usually all of those fees are included in escrow and are handled by the Title company. The CC&Rs should have also been in the home buying packet and should have been initialed by you the buyer.

As you correctly mentioned many Junk fees are included in resale of properties and it is definitely a profit center for management companies. That being said the only way those fees change is if the HOA board negotiates it into the contract with the HOA. Very few have the knowledge and the forethought to do this but I have seen some of these fees reduced a little.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By PaulJ6 on 02/26/2020 5:26 AM
g.Anyone else suspect that the property manager sits back and laughs at people who pay $300 for a document that the property manger can email, and at people who have to stand in line at a bank to get a $55 certified check?

We pretty much sit back and laugh our a$$e$ off.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By SheliaH on 02/26/2020 6:42 AM
Then again…didn’t you put another conversation on this board where you mentioned you didn’t want to get involved with any part of HOA governance?

Correct. I will not ever attend a HOA annual meeting, run for a HOA board, or even submit a proxy for a HOA annual meeting, ever. I am done with any involvement in HOA governance.

I am in the process of buying a new home, in a HOA. I love the building (aesthetically) and its location, and I'm eager to live there. The HOA board seems very professional (big shot people are on it, and its records are relatively meticulous. But I'm done with involvement with anything HOA-related, other than having to live in one.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By PaulJ6 on 02/26/2020 6:58 AM
Posted By SheliaH on 02/26/2020 6:42 AM
Then again…didn’t you put another conversation on this board where you mentioned you didn’t want to get involved with any part of HOA governance?


Correct. I will not ever attend a HOA annual meeting, run for a HOA board, or even submit a proxy for a HOA annual meeting, ever. I am done with any involvement in HOA governance.

I am in the process of buying a new home, in a HOA. I love the building (aesthetically) and its location, and I'm eager to live there. The HOA board seems very professional (big shot people are on it, and its records are relatively meticulous. But I'm done with involvement with anything HOA-related, other than having to live in one.

Do you assume you will be missed?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 02/26/2020 5:26 AM
Anyone else suspect that the property manager sits back and laughs at people who pay $300 for a document that the property manger can email,
I believe the highest education the typical HOA manager has is roughly a high school diploma. I am not surprised at all that this manager seeks to unlawfully rip off owners. I read the posts by managers here. I find them often unprofessional and displaying ignorance of the law. Caveat emptor to all who buy into a condominium in particular.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By AugustinD on 02/26/2020 8:22 AM
Posted By PaulJ6 on 02/26/2020 5:26 AM
Anyone else suspect that the property manager sits back and laughs at people who pay $300 for a document that the property manger can email,
I believe the highest education the typical HOA manager has is roughly a high school diploma. I am not surprised at all that this manager seeks to unlawfully rip off owners. I read the posts by managers here. I find them often unprofessional and displaying ignorance of the law. Caveat emptor to all who buy into a condominium in particular.

Please explain in detail exactly how this manager "illegally" tips off people?
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 8:30 AM
Posted By AugustinD on 02/26/2020 8:22 AM
Posted By PaulJ6 on 02/26/2020 5:26 AM
Anyone else suspect that the property manager sits back and laughs at people who pay $300 for a document that the property manger can email,
I believe the highest education the typical HOA manager has is roughly a high school diploma. I am not surprised at all that this manager seeks to unlawfully rip off owners. I read the posts by managers here. I find them often unprofessional and displaying ignorance of the law. Caveat emptor to all who buy into a condominium in particular.


Please explain in detail exactly how this manager "illegally" tips off people?

Charging $300 for a document that state law requires be provided.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 8:30 AM
Please explain in detail exactly how this manager "illegally" tips off people?
The phrase I used is "rip off." Else PaulJ6 answered your question.
MarkW18
Posts: 1,290
Posted:
Show me where it says it is illegal. No can't
MarkW18
Posts: 1,290
Posted:
Show me where it says it is illegal. No can't.
AugustinD
Posts: 5,144
Posted:
Like I posted elsewhere, your reading comprehension is way sub-standard.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 8:51 AM
Show me where it says it is illegal. No can't

Are you talking to me or someone else?
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By PaulJ6 on 02/26/2020 8:54 AM
Posted By MarkW18 on 02/26/2020 8:51 AM
Show me where it says it is illegal. No can't


Are you talking to me or someone else?

actually you, why is charging fees illegal? I have huge problems with what fees lawyers charges but not saying it is illegal. Certain states requires a lot of documentation at closing and we charges for those services. If you can do it on your own, knock yourself out.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 8:59 AM
Posted By PaulJ6 on 02/26/2020 8:54 AM
Posted By MarkW18 on 02/26/2020 8:51 AM
Show me where it says it is illegal. No can't


Are you talking to me or someone else?


actually you, why is charging fees illegal? I have huge problems with what fees lawyers charges but not saying it is illegal. Certain states requires a lot of documentation at closing and we charges for those services. If you can do it on your own, knock yourself out.

Say that state law says that a HOA's bylaws must be provided to an owner upon request.

So an owner requests the bylaws.

The property manager requires payment of $300 in order to provide the bylaws.

That is legal to you?

Some states allow for copying and other reasonable charges to be charged, but even if they were permitted, $300 is reasonable to charge for simply emailing a PDF copy of the bylaws to an owner?
MarkW18
Posts: 1,290
Posted:
Paul, you're a lawyer. While it might be overkill and maybe unethical, but why is it illegal? I handled just document request requests and either emailed the person or directed them to the association's website.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 9:20 AM
Paul, you're a lawyer. While it might be overkill and maybe unethical, but why is it illegal? I handled just document request requests and either emailed the person or directed them to the association's website.

See above- I already explained why: state law requires that the document be given to an owner who asks, sometimes with a "reasonable" charge to cover copying, mailing, etc.

State law doesn't require that the document be given only if the owner pays $300.
MarkW18
Posts: 1,290
Posted:
I have no idea what your state laws says, nor do I have any desire to look it up. BUT, if says they are to be provided at no charge or cost to the owner, then I would say it probably is illegal. BUT, a unreasonable cost is not illegal.
PaulJ6
Posts: 990
Posted:
Yes, it is illegal. Period.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 9:50 AM
BUT, a unreasonable cost is not illegal.
An unreasonable cost certainly is illegal given that statutes and courts say the cost has to be reasonable.
MarkW18
Posts: 1,290
Posted:
There is always the court system to take up your grievents.

Again, if a owner asked for a document then it was provided. If an escrow request came in, there was always a fee associated for that transaction. In ten years I probably provided over 1000 escrow requests with one complaint. I
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 10:01 AM
There is always the court system to take up your grievents.

Again, if a owner asked for a document then it was provided. If an escrow request came in, there was always a fee associated for that transaction. In ten years I probably provided over 1000 escrow requests with one complaint. I

Great. But when the property manager tried to charge me $300 for bylaws, that was illegal, and there are all sorts of state law restrictions on fees. Here's another example of a HOA that overcharged people, and got busted for it:

https://www.miamiherald.com/news/business/real-estate-news/article234887852.html
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MarkW18 on 02/26/2020 10:01 AM
If an escrow request came in, there was always a fee associated for that transaction.
Is there a statute that says addressing escrow matters should be done for free or at a reasonable cost? If not, then I think whatever it is you are trying to argue is not relevant to PaulJ6's point.
MarkW18
Posts: 1,290
Posted:
There are California statues that govern what an association can do what what a management company can do.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 02/26/2020 10:16 AM

https://www.miamiherald.com/news/business/real-estate-news/article234887852.html
Here's my favorite part:

"Circuit Court Judge Michael Hanzman also ordered the association to pay a total of $95,000 in attorney fees to the two firms that represented the plaintiffs, Zebersky Payne Shaw Lewenz LLP and the Law Offices of Aaron Resnick, P.A..

The Kobaskys, who acted as the representatives for the class action, were also awarded $5,000 as compensation for their time and effort."

For a judge to award attorneys' fees is a big deal.

The article indicates that (rather than appeal?) the condo association agreed to a settlement.

The article also calls out the Florida Department of Business and Professional Regulation (DBPR), which oversees the Division of Florida Condominiums, as a force in getting condo associations to follow the law on fees.
BarbaraT1 (Texas)
Posts: 821
Posted:
I only dislike the owners who scream at me, swear at me, threaten to assault me, and show up at my office with a gun.
KellyR6 (California)
Posts: 21
Posted:
You are in Texas Barbara

As to California statutes, repeatedly broken in our HOA. We, as homeowners, voted for limits on BOD spending and attempts are repeatedly made to override the vote. The chairman of the board can and does hire an attorney at our expense.

As to our general manager, she was qualified enough for the position but is constantly pulled between the board and homeowners. The board is not unified and has an us vs them mentality, (most but not all).
This behavior has been prevalent for years and I don't believe it will change.

Our GM has given notice after one year in her position. Good woman, I wish her well.

Pleased to read Paul is moving on to a place with a better HOA. So are we.

MarshallT (New York)
Posts: 414
Posted:
Have you talked to anyone else in your HOA about the PM? If many of the residents are unhappy, it may be time to find a need property management company.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MarshallT on 03/02/2020 12:06 PM
Have you talked to anyone else in your HOA about the PM? If many of the residents are unhappy, it may be time to find a need property management company.

In mine, there is a lot of dissatisfaction, but the property manager controls the board, and board elections (i.e., the property manager picks the candidates and picks who is elected), and installed recording devices in front of front doors of people who are suspected of disliking the property manager. So there's no hope. I'm moving.

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