Maintenance Personel

Started by HectorR • 5 replies • 631 views

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HectorR (Florida)
Posts: 84

Posted:

Hi everyone, we have a maintenance person who works in our community and does an amazing job. He is trying to move in our community but the Board Of Directors and the property manager refuse to allow him to move into our community. According to the maintenance man he sataes that they are claiming it's against HOA rules as well as his employer's rules. I know for a fact that it does not state such rules in our HOA governing documents. The only rule is that a board member can not be an employee of the management company.
According to the maintenance man, he states that he requested to see the rules in writing but they are not providing him with such rules in writing. Now for the fun part, there is a security guard and a maintenance Personel whom work and live in our community, why are they not allowing this gentleman who is a dad of 3 to move into our community? Is this legal?

SheliaH (Indiana)
Posts: 6,964

Posted:

Is the man trying to buy a unit or rent one - you haven't said which - or if you're trying to rent or sell your unit to him. Since he's not an HOA member, he might not have a right to see the rules, but if you'd like him to have a look, you could simply make a copy of your and hand them to him.

Your HOA may have regulations that address homeowners being paid to do association business, such as maintenance - as you know, the bylaws can give the board the authority to enact additional rules as long as they don't supersede the Bylaws or CCRs. You also know documents don't always address every single issue in HOA land. There could be a concern about conflict of interest, although he might not be a board member. For instance, might there be a chance he'd be more attentive to his home or his immediate neighbors than the rest of the community? It could also be argued that he's getting an extra benefit as a homeowner who works for the property management company that provides services to the residents of the community in which he lives.

This sounds like more of an issue between the man and his employer, so he may want to talk to his human resources department or a private attorney. We aren't lawyers and what may be true in your state may be different in mine (by now, you should know that).

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

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is this person going to rent or buy? If they are going to rent whom are they going to be renting from? Is it an individual, Property manager or even in rare cases the HOA? If they are going to purchase, not sure how the HOA can restrict purchases. Once you purchase you become a member. If you are renting you are not a member.

Now if they are buying, then this may offer a conflict of interest for this person. That is because if they are working for the PM of the HOA, then that can come off as a conflict. People will not like that this person is a member and employed by the PM. If they were not a member, then the conflict should not exist. However, if they are a renter some HOA's may have certain requirements they may not meet. It may not be because whom they work for. It also could be for whom they work for if the PM.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Do your governing documents require board approval for residents (I know that some co-ops and condos do have this language)?

MarkM19 (Texas)
Posts: 1,459

Posted:

Sheila and Melissa,
The OP last sentence is the question here. If they have a contractor who lives and works in the Community currently what right would any board have to restrict another one from doing the same thing?

In the World we are living in these days this could very easily be called other names. I would think the board should be much more aware of discrimination and the pitfalls of such actions. I also would question why anyone would want to move into an HOA that is being run by these people.

HectorR (Florida)
Posts: 84

Posted:

He is trying to rent, I'm trying to help this man out. So unfair and yes, I feel like it's discrimination. I honestly feel so bad for him, I can approach the board but do not want to get him fired.

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