Agenda items

Started by JanetB9 • 13 replies • 507 views

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JanetB9
Posts: 68

Posted:

I was on here asking a question recently about PM who was upset about me sharing a quote he got us from a vendor he works with at another homeowner association. He went off of how unethical it was. Now he’s added to the agenda for our monthly meeting next Wednesday. It’s biased and only represents their side of the story emphasizing what I did was unethical. The PM creates the agenda so they have full control of what goes on it. How do I address this to be removed because it is not fair? It only shares their perspective which is that they are upset that we decided to stick to our current vendor who beat the quote of the one they were trying to get us to buy into which was one this manager is connected to.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JanetB9 on 03/04/2021 7:53 AM
I was on here asking a question recently about PM who was upset about me sharing a quote he got us from a vendor he works with at another homeowner association. He went off of how unethical it was. Now he’s added to the agenda for our monthly meeting next Wednesday. It’s biased and only represents their side of the story emphasizing what I did was unethical. The PM creates the agenda so they have full control of what goes on it. How do I address this to be removed because it is not fair? It only shares their perspective which is that they are upset that we decided to stick to our current vendor who beat the quote of the one they were trying to get us to buy into which was one this manager is connected to.

Personally I wouldn't. If you feel you were in fact wrong say so and then use the occasion to loudly and clearly tell the PM that they work for the Board and not the other way around. If memory serves me correctly your other post indicated that you have a bigger issue and that's controlling your PM.

JanetB9
Posts: 68

Posted:

Here’s what I posted before -
I’m in Sacramento and we live in a community of 307 townhomes. We recently were assigned a new PM who immediately began containing bids from vendors he worked with. No one on the board requested he do this. The vendors we currently use are doing a great job for many years. I told the PM this but they ignored me and went out an got a quote for work. I let them know to let our current vendor know if they could meet the bid they received to be fair. They refused and so I went ahead and did it and they were able to offer us a much lower competing price and wanted an opportunity to talk with all Board members as to why we want to cancel of them. I told the PM and now he is saying that doing what I did is illegal because the bid was confidential however it was not a sealed bid and he didn’t get any other bids for the same work. He only got the one bid from someone he had worked with before in another association he works at. What do I tell him as he is insisting that I was wrong and seems upset that my actions led to him not getting the vendor he had work since our current vendor now wants to give us a lower price so they can maintain our business.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JanetB9 on 03/04/2021 8:20 AM
Here’s what I posted before -
I’m in Sacramento and we live in a community of 307 townhomes. We recently were assigned a new PM who immediately began containing bids from vendors he worked with. No one on the board requested he do this. The vendors we currently use are doing a great job for many years. I told the PM this but they ignored me and went out an got a quote for work. I let them know to let our current vendor know if they could meet the bid they received to be fair. They refused and so I went ahead and did it and they were able to offer us a much lower competing price and wanted an opportunity to talk with all Board members as to why we want to cancel of them. I told the PM and now he is saying that doing what I did is illegal because the bid was confidential however it was not a sealed bid and he didn’t get any other bids for the same work. He only got the one bid from someone he had worked with before in another association he works at. What do I tell him as he is insisting that I was wrong and seems upset that my actions led to him not getting the vendor he had work since our current vendor now wants to give us a lower price so they can maintain our business.

My point remains the same. Why would you not want to air this out in the open? The problem is not going to go away if the PM is going to dictate what vendors are used. You and the rest of the board need to manage the PM.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, Janet? Did the Board instruct you to get bids?

Does your contract with the PM say the PM gets bids? What does the contract say about the PM's relationship with the Board? That the PM follows the Board's directives and instructions?

CathyA3 (Ohio)
Posts: 6,299

Posted:

In either case, I think quotes or bids fall under the category of "contracts under negotiation" which is typically confidential and would only be discussed in executive session (in other words, not shared with homeowners or anyone else).

And disclosing a bid to a competitor is absolutely wrong and could lead to legal action from the wronged party.

I agree that your PM sounds unprofessional - but if you did disclose confidential info, he's correct that this is an issue, even if his delivery method leaves something to be desired. Such a thing would likely result in a censure in my association. One of the most important things a board member can learn is when to zip it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say if Janet is on the BOD, she has the right to gather bids to show the BOD
if what they are paying in inline with local costs.

It sounds like the PM, not the BOD is running the association.

MichaelS56 (Minnesota)
Posts: 858

Posted:

All of our Board members help develop the agenda for the meeting. Our property management rep. will develop their portion of the agenda. Our rep. does not develop the agenda for our Board meetings.

NpS (Pennsylvania)
Posts: 4,216

Posted:

If I was Janet, I would send a note to the PM asking for "property manager overreaching" to be added to the Agenda.

If PM doesn't add it to the Agenda, that proves Janet's point.

If PM does add it to agenda, then Janet has the appropriate forum to express her views.

Sikubali jukumu. Read all posts at your own risk.

MaxB4
Posts: 3,513

Posted:

Actually the PM works for the Association, not the Board. The Board just happens to be the Association's governing body. Someone has to run the Association on a day to day basis and apparently the Board doesn't know what their role is. Unfortunately, this is common in HOA's across the country. They want to be on the Board but don't want to take an active in running it. Leave it to others to run it.

The PM sets the agenda because the Board doesn't realize who does sets the agenda. Do your homework folks. One individual on a Board shouldn't be soliciting bids without the approval of the Board as a whole. Bids should be treated as confidential and not shared with competitors, ESPECIALLY the current vendor.

ND (PA)
Posts: 792

Posted:

Where is the rest of your Board in all of this back and forth that you have with the PM?

Is this an agenda "item" that you speak of or some sort of agenda "written-paragraph"? From all of what you said, it seems to indicate that a heck of a lot more info was placed on your agenda rather than a simple agenda item of "Discuss Vendor Request for Proposal Process".

I would honestly try and play the high road here because there seems to be quite a bit of (unproductive) back and forth between the PM and at least you (again, no indication that any other Board Members are involved). So instead of recommending some sort of oppositely-phrased, accusatory agenda item, simply request that the PM change whatever their agenda item is to instead read "Discuss Vendor Request for Proposal Process" (or similar). That way they can present their position; you can present yours; and the BOARD can discuss, deliberate, decide, and instruct the PM on whatever needs to happen next.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JanetB9 on 03/04/2021 7:53 AM

The PM creates the agenda so they have full control of what goes on it.

NO!

The PM creates the agenda because the board wants them to.

The Board ceded control to the PM.
Take it back.

let the discussion happen.
During that time, bring up the fact the PM exceeded their authority, that the Board decides who to award the contracts to, not the PM and that the Board can invite any contractor they see fit to bid on contracts.

Remind the PM that they work for the board and not the other way around and if they don't like it, perhaps the PM and Board should mutually agree to abolish the existing contract with the PM.

Mind you, if you don't have others on the board that think this way, you are but one vote and you may need to decide if it's worth the headache to continue to serve or be willing to continue to serve to hopefully change the thinking of others.

KerryL1 (California)
Posts: 14,550

Posted:

I agree with Cathy. Janet shouldn't have disclosed the bid to anyone except board members AT a noticed meeting.

Individual directors should not seek bids unless assigned by the Board with their vote of approval. Only the board at a meeting should approve bids. In Ca this can be in executive session. Or discussed in executive session and approved in an open meeting.

The PM should only follow the direction of the Board. Now, as suggested, this Board won't do its job, Janet, you need to urge them to.

Read....the....contract, Janet.

JanetB9
Posts: 68

Posted:

Thank you everyone! great suggestions!

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