Can a Management Company

Started by FayeE • 13 replies • 635 views

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

⚡ Takes 30 seconds

Already a member? Log in

FayeE (New York)
Posts: 49

Posted:

Can a Management Company give a vote when there is a Board member missing to break a tie? Essentially saying that the management company is part of the Board like a member
Is it normal for the Management company to stay for the whole HOA monthly meeting? Management Company for our meeting gives us the report of the financials for the past month and where we are for our yearly projections and then stays for the whole meeting. Shouldn't the Management Company leave after that? Or is it up to the Board to have them stay? It also makes it hard to discuss the issues with our Management Company. We would have to have a meeting and not include the management company. Oh Boy it is hard for this Board to do anything. They just want leave how things are for forever. They question nothing.
Thank you for the help.
Happy 4th of July
Faye

KerryL1 (California)
Posts: 14,550

Posted:

No the MC has no vote. There ae no "substitutes" for board members.

Our MC's prop. mgr. (full-time, onsite), stays for our whole board meeting, which is in our contract with the MC. What does your contract say? Another reason she stays is to take minutes.

If your board wants to discuss the manager, you should meet in executive session and do exactly that.

PaulJ6
Posts: 990

Posted:

The management company should know that it should not vote and should not stay around. Shame on it. Is this NYC?

MicheleB7 (Florida)
Posts: 24

Posted:

Only the board can vote, the MC has no vote and they know that. Our MC stays the whole meeting but if we told them we only needed them to give the financials and such and they should leave, they would. You pay them to do a job and it's not their place to question what you choose to do.

FayeE (New York)
Posts: 49

Posted:

This is in NYS not the city.

FayeE (New York)
Posts: 49

Posted:

Thank you. I question a lot what this MC does but yet I am the only one. I appreciate this very much

FayeE (New York)
Posts: 49

Posted:

This MC is not on site. They manage many other sites as well. I remember the Owner of the MC said at one meeting that she/he could vote and I looked at her/he weird like I could not believe what I was hearing. Thank you

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Stop questioning the MC and start questioning the board on the relationship between the 2. It's not unusual for a HOA board to hire an MC and confuse the relationship. The MC can just "take over" the HOA and no one really care. The HOA board needs to be reminded why they hired a MC in the first place. Which in many situations is because Board members aren't that qualified/knowledgeable/interested in running a corporation.

This all kind of gets fuzzy and not necessarily with warm and fuzzy feelings. You all need to meet as a HOA outside of MC, and discuss what is really needed out of an Management company. Time to review the contract/terms. There are lines to be defined and acknowledged. Once known, then can deal with your MC on better footing.

Now keep in mind that if you are still under the Developer's control then the MC's relationship is different. Your HOA if not owned by the owners, are still stuck with the Developer choice in MC. Not much can do if that is the case.

Former HOA President

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By FayeE on 07/04/2020 7:30 PM
This MC is not on site. They manage many other sites as well. I remember the Owner of the MC said at one meeting that she/he could vote and I looked at her/he weird like I could not believe what I was hearing. Thank you

Do you live in a co-op?

BenA2 (Texas)
Posts: 1,273

Posted:

Unless you have some very unusual governing documents, the manager/mgt. company does not vote. They are a contractor or employee. I don't see a problem with the manager staying for the whole meeting. Presumably, they can help advise the board with a variety of issues and should know everything that's going on with the board.

If you need to discuss the manager then it is easy enough to ask them to step out. If you find yourself discussing problems with the manager on a regular basis, it's time for a new manager or company.

MarkM19 (Texas)
Posts: 1,459

Posted:

Faye,
I agree with all the comments already stated. But no one told you what to do about the Vote that this person was trying to break the tie.

If only an even number of Board members are present for a vote and it ends in a tie the motion dies. It can be reintroduced at a future meeting if two of the Board members want it on the next agenda.

I had a similar issue at our last meeting. We currently have the case where in many cases we have 2 people who vote one way together almost always and we have 3 people that are not part of any group. One of the 2 people sent me a note saying he was not going to be able to attend with 30 minutes notice. He said that he wanted to give his friend the Proxy to vote for him. I reminded him that Proxies are not allowed in monthly Board meetings. If you have an opinion they must be present for the vote.

MarshallT (New York)
Posts: 414

Posted:

The MC has no authority to vote. Some MCs might stay for the entire meeting to take notes, and it helps them understand what's going on within the community.It's not unusual, but not mandatory to have them there either.

FayeE (New York)
Posts: 49

Posted:

Thank you for this information.
I was shocked when I heard the MC said that at a Board meeting that they can vote if needed.
Take care
Faye

FayeE (New York)
Posts: 49

Posted:

Thank you for telling me this. I appreciate it. I know the MC knows the ByLaws and what they can and can not do. To even think they would try to get away with that makes me upset. All is good now. Thank you again
Faye

🎯 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