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SashaE1
Posts: 110
Posted:
How does an HOA Board go about changing the current management company without involving them in the process? Also, what does the process entail? We’re out in Monterey, California.
KellyM3 (North Carolina)
Posts: 2,239
Posted:

1. Determine when your management contract ends (it's not really worth trying to break a contract)
2. Determine if you must give notice of non-renewal. That's in your contract.
3. The HOA would vote to not renew the ongoing contract and authorize the giving of notice as agreed in the contract
4. The HOA would vote to hire the new property management company, effective on the current company's termination date
5. The "new" property management company will coordinate w/ the exiting company on the transfer of paperwork, accounts, etc.

I'd advise giving your dues payers notice of the company change as soon as you publicly hire the new company.
I'd advise a minimum two month notice so that all documents can be transferred and the new company can ensure accounts are properly set up

It's not difficult at all to do this if you allow contracts to be fulfilled and naturally expire. It's only a bit awkward.

SashaE1
Posts: 110
Posted:
Thank you Kelly. Without involving our current MC how do we look for, interview mew MC and still give the required notices of Board meetings to the membership? Or does the current MC have to be part of the process since they are the ones who find vendors for us and send out meeting notices to the membership and create our board meeting agendas.
SheliaH (Indiana)
Posts: 6,964
Posted:
You and your colleagues will simply have to roll up your sleeves and do the work yourselves. You could look for HOA management companies in your area by Googling that, prepare a request for proposal and send it out - you'll have to designate someone where the letters should be sent.

As for your board meetings, you can advertise them the way you currently do - posting flyers, putting something on the website, etc. When it comes to discussing the management company contract, you can do that in an executive session (sensitive discussions are usually reserved for this). The property manager doesn't have to be there - whenever we had executive sessions, we'd send the manager home.

Frankly, I don't understand why you're so skurred of the property manager finding out you're considering a replacement - the property manager works for the Board, not the other way around, and contracts are terminated all the time for various reasons. As was stated, you start with checking the contract to see what needs to be done to terminate the contract.

Personally, I prefer having a sit down with the property managers and his/her supervisors, if applicable, and state precisely what your concerns are, and give them a chance to save the client relationship. Sometimes, it's as easy as reassigning a different manager to you - maybe you've had too many conflicts, personality and otherwise, with the current one.

Perhaps YOU AND YOUR COLLEAGUES are the problem - are you micromanaging the day-to-day operations you're supposed to be paying the property manager to handle? Are you asking for things that simply aren't in your contract (board members are supposed to know what's in the contract by the way)? If so, stop it - or at least pledge not to do the same thing with the next one.

If the manager wants to keep the business, come up with a performance improvement plan with a deadline, say six months. They can continue to work with the vendors and send out meeting notices. If you don't see improvement, proceed with the cancellation. While you're doing that, you can go ahead and send out RFPs to prospects. If you don't want the property manager to see them, you'll have to designate someone to receive that mail or get a PO box (and check it regularly).

Finally, you need a transition plan if you get a new manager, so you'll know what has to be done and when. If you don't know how that's done, you could go to the CAI website and look for their books on property management companies (how to pick one, communication, contracts, etc.) And get your association attorney involved - he or she can review the new contract to ensure you get what you want and that you're termininating the old contract correctly.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By SashaE1 on 12/17/2020 6:21 PM
How does an HOA Board go about changing the current management company without involving them in the process? Also, what does the process entail? We’re out in Monterey, California.

If you send me an email at [email protected], I can walk you or the board through the process. I practice in California, but I am in the Los Angeles area, so unless your HOA paid quarterly golf outings at Pebble Beach with dinner at the Captain's Wharf, it would be way out of my territory.
SashaE1
Posts: 110
Posted:
Thanks everyone! John, I will email you if I have more questions.

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