💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

FredF5 (North Carolina)
Posts: 14
Posted:
I recently joined the Finance Committee for our HOA. This is a 68 lot community for single family homes established in 2003 with only 10 homes built. No one on the previous board lived in the community and they let the PM take care of just about everything. The new board is much more hands on and several live on site. I see that last year the PM had his "construction division" make repairs and updates to the clubhouse and pool areas to the tune of $16k. These are his employees. He is a small operation with a handful of employees and manages a few communities in the area. No estimate was given from his "construction division" and no bids were requested from other contractors. The quality of the work looks okay, but I can't judge whether the price was fair. He was performing the work, creating an invoice and writing the check to his company.

We have additional work to be done this year. We asked the PM for a list of work to be performed and an estimate. He said he works on a time and material basis and won't know the cost until he "opens it up". We are reluctant to work that way. The main work involves replacing and repairing decayed wood in the clubhouse. I get it that the extent of the work may not be known until someone gets into the area, but we are reluctant to give him carte blanche. We asked him to get bids from other contractors. He said he would help create an RFP but getting bids is outside the scope of his contract. He was very proactive and eager to get going on the additional work until we asked for estimates and bids. I pasted the relevant text from our contract at the bottom of this message.

My questions to the group:
1) How common is it for the PM/MC to also perform major repair work with their own employees? Conflict of interest?
2) How common is it for repairs to be done on a time and material basis and we won't know the costs until we "open it up"?
3) From the contract text below, is he responsible for getting bids? He was very active to identify vendors and get bids for a reserve study.

"Management, in coordination with the appropriate Committee, will assist the Association in the development of Statements of Work to be solicited from qualified contractors.

Establish and implement a preventive maintenance program for all real and personal property, as approved by the Directors.

Supervise the operations of all contractors who perform work for the Association, including but not limited to investigation as to bonding, insurance materials, workmanship, and warranties and by reviewing work of contractors and enforcing the conditions of those contracts.

Make recommendations for capital improvements and any other recommendations as may be appropriate for the improvement of the community.

Oversight of extraordinary projects (i.e. Painting/Staining, Paving, Roofing, Stucco, Landscaping other than regular maintenance, etc.) shall be subject to additional fees as prescribed by Project Management Article XII Summary of Services."

SheliaH (Indiana)
Posts: 6,964
Posted:
Some companies may be set up to do major repairs. That's not necessarily a bad thing , but I agree with you it's better to get at least three bids for major work. The board can still work with the property manager in drafting the RFP, but the board should identify additional contractors to send it to.

In some cases, the board may want to designate someone to receive the bids to ensure the property manager doesn't review them first and adjust its bid accordy. In our community, our RFPs would be sent to the maintenance department, so they had an advantage until our president figured out what was going on. Fortunately, we had (and still have) an ethical property manager who immediately forwards the bid to the board for discussion.

I understand why your manager wants to get going on bids - today's economy has everything to do that, I'm sure. Nonetheless, you can and should control the process by setting up your own protocols. It shouldn't be difficult to Google contractors in your area or check the phone book (they still exist) or even ask board members of other HOAs who they use. Always ask if the contractor has worked with HOAs, get references and check them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
FredF5 (North Carolina)
Posts: 14
Posted:
Thank you for the reply SheilaH. I should clarify the manager does not want to get going on bids. Once he learned we weren't going to let him use his workers to do the job without an estimate, he refused to help us get bids. Is getting bids the job of the property manager or the board?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
What does your contract say?
FredF5 (North Carolina)
Posts: 14
Posted:
The contract says:

Management, in coordination with the appropriate Committee, will assist the Association in the development of Statements of Work to be solicited from qualified contractors.

In the "Property Management" section it lists:

Establish and implement a preventive maintenance program for all real and personal property, as approved by the Directors.

Supervise the operations of all contractors who perform work for the Association, including but not limited to investigation as to bonding, insurance materials, workmanship, and warranties and by reviewing work of contractors and enforcing the conditions of those contracts.

Make recommendations for capital improvements and any other recommendations as may be appropriate for the improvement of the community.

Oversight of extraordinary projects (i.e. Painting/Staining, Paving, Roofing, Stucco, Landscaping other than regular maintenance, etc.) shall be subject to additional fees as prescribed by Project Management Article XII Summary of Services.

Would you say that includes or excludes getting bids for repair projects?
KerryL1 (California)
Posts: 14,550
Posted:
Contract does not seem to include seeking bids or finding qualified contractors. What about Article XII? Does it elaborate at all?

I'd say you might want to seek a different MC that will include those services in the contract.

SheliaH (Indiana)
Posts: 6,964
Posted:
Depends on the contract, but considering the manager is throwing a fit because he won't get his way on this, it may be time to get a new one. If this guy has a suoervisr, tell him or her what's going on. Hopefully he straightens out,but if not ask that you be reassigned.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
FredF5 (North Carolina)
Posts: 14
Posted:
Article XII doesn't elaborate. Just specifies the dollar amounts.

Just a few weeks ago the MC got bids for us from companies to conduct a reserve study. So we assumed that's part of his responsibility. It's only for the repair job that he refused to get bids for us. Getting bids from other companies will cut in to his ability to do the job with his own guys.

We're getting the impression that we'd be better off with an MC that does not do any repairs themselves. Then there's no conflict of interest.
SheliaH (Indiana)
Posts: 6,964
Posted:
You can limit the property manager to doing relatively minor repairs and or repairs that don't exceed a certain dollar amount. But mostly, you folks need to grow a spine and assert yourselves.

The property manager works at YOUR direction according to the contract, so if he can't or won't help you do your job, which is manager the association's resources and see that the common areas are maintained, you need another manager.

And contracts can be redone, depending on the needs of the community, which may have evolved since it was built. So start reading, decide what you need and go from thsre.

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

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here