board approving payment of repair costs

hello,

I am concerned about the continued inconsistent application of the owner vs association responsibilities.

The current property manager presents at the meeting an invoice that needs to be paid. The work is inside a unit and is not a common element. I know there are exceptions, like negligence .

What i'm asking is, what can be done about the property manager submitting invoices for board approval for work that is specified in our documents as owner responsibility.

I'm sure the other 251 owners would not approve of the property manager deciding that repair work responsibility is up for a board vote.

This is simply opening up a can of worms. The other board members may or may not ask questions. The problem is, the documents say owners are responsible for repair and maintenance of xyz,,, association is responsible for repair and maintenance of abc. Currently the property manager is designating xyz repairs to be paid for by the association. I know this is wrong. I try and get other vboard members to ask detailed questions. The property manager has a way of wiggling around the truth and won't ever answer a question directly.

Is this something that an owner or group of owners can go to small claims court and get an injunction to instruct the invoices in question to be properly designated as owner responsibility. Can owners get an injunction to prevent the property manager from putting these decisions up for consideration.. I know some repairs are gray areas. However, the ones i'm talking about are not at all. The owner in question just happens to be friendly with the property manager.

Are you on the Board? I am assuming condos. The Board should be involved before the invoice is even received by having limits on what the MC can approve.

- Has the Board given the MC a maximum amount, $250/$1500, to approve without Board approval?
- Are you contracting with a large MC with calls being handled by multiple people in a maintenance department where they just send someone out?

We are 40 year old stacked housing, 20 buildings and 144 units. The present Board has been in place for 7 years with only 3 of 5 positions filled. No one else wants to do this job. We were spending $00,000 of dollars a year in NON HOA responsible damage/maintenance issues. Some were even owner insurance related (interior damage), but no one knew and our PM didn't understand our Master Policy.

This is what we have done over the years and where we are now.

- Contacted our attorney to review our governing documents and created a memo that could be sent to owners to explain when the HOA is responsible for repairs. If your roof leaks, we don't fix your ceiling. (Not going to get into negligence here. Just because the roof is old, doesn't mean that the HOA was negligent). I think the memo cost us $1,500 and has saved that 10X over the past few years. In addition, owners argue less when it's a memo from our attorney. It also was amazing how many of our owners didn't even have insurance for their units because they thought the Master Policy covered everything.

- Initially had it stated in our MC contract that all repairs over $500.00 needed Board approval. Found out that didn't work when an owner called about a water leak and the MC assumed it was a plumbing issue only to find out it was a window leak because details were lacking, or that their dishwasher/washing machine was leaking. Invoiced for too many plumbing calls when it wasn't plumbing or HOA.

Now all maintenance requests are forwarded to the Board by the PM. Emergency calls go directly to the Board and the PM. If the owner can not detail the issue, we have 60% rentals so owners are relying on their renter for information, we collect as much info as we can and explain to the owner that we will be happy to send someone out, but if the issue is determined to be responsibility of the owner, the invoice amount will be added to their HOA account. The owner has to agree to this before we send someone out or they can call someone themselves. If it turns out to be an HOA issue, the HOA will reimburse them for the HOA portion of the call.

Calls involving 2 units are tricky and are handled by a Board member onsite ASAP. Many of our calls turn out to be owner to owner, upstairs toilet leaking and such, but with the Board involved we can minimize damages and get the issue repaired by informing the owner responsible that they will be billed. This can save us from a Master Policy claim.

This approach has worked for us, but it's not for everyone. We address every issue on a case by case basis. No need for the MC to send someone out to trim a tree called in by an owner when the Board is reviewing a community wide $25,000 tree maintenance quote that the Maintenance Dept. doesn't know about.

Many of our owners treat our condos like a corporate owned apartment complex, well, we look like one. Just pick up the phone and it will get fixed. They were in for a rude wakening when they found out that is was their responsibility and the HOA is there to maintain HOA community property. And, no, we don't employ a maintenance department to sweep your breezeway or repair your damages because you don't carry unit insurance.

Would also like to add that here in North Carolina Small Claims Court does not provide injunctions. Small claims court is to collect money owed which could result in a judgement. Perhaps it's different in your state.

If owners want answers to your Boards handling of your MC's incurring/paying these bills they may have to hire an attorney to review their concerns. You do present valid questions.

sorry, I forgot to give details.

Our condominiums are self managed. the association employs a manager to run the office and carry out the day to day operations according to the boards direction. We also employee 3 full tiome maintenance staff.

our property manager is actually a board member who was previously the president . While he was president he acted outside his authority and provided misinformation and half information to the board when he wanted a decision made.

The board member/acting property manager assured the board he was willing to fill the office temporarily until the board found a qualified experienced manager. I was skeptical. He assured the board he would clean up the books that has basically been not kept for 7 months (the previous manager). He also assured the board he would use the board approved and paid for maintenance documentation and record system for all property maintenance and repairs.

I'm getting in the weeds.

I was on the board for 3 years. I know the documents better than anyone else. I know that sometimes an issue is a grey area and the board will decide. I"M NOT TALKING ABOUT THAT.

I'm talking about a p-trap repair under a toilet in a downstairs unit that affected no other unit.

our documents state that any fixtures inside a unit and the utilities that serve only that unit . the repair and maintenance is the responsiblity of the owners.

The owner in question is friends with the acting property manager/board member.

At the meeting last night, the board member property manager sends out a packet of information 20 pages long the day of the meeting. Most board members didn't see it til at the meeting. Then, the property manager as he's going through his report ,, says.." I have an invoice for plumbing repairs in 181. Before I approved the work, i got two bids and the other one was too high. This plumber was very reasonable and the invoice is 1249. I make a motion for the board to approve the payment of this repair invoice"

about 30 second later the parliamentarian says. if i hear no objection the motion passes.

I'm not allowed to talk. I m not allowed to ask questions. Not a single board member asks if the repair is the responsibility of the association.. after the meeting, i read through the packet that the property manager/board member submitted at the last minute. The invoice for the repair for the plumbing in 181 says replace p trap under toilet bathroom one. replace wax ring reseat tiolet. etc..

Barbara,

would you be ok with a board approving a single board member/acting property manager invoice presentation and request for approval that were not the responsibility of the association s defined by our attorney.

Your implication that my request for advice regarding the arbitrary and inconsistent following of the associations governing documents is somehow a temper tantrum because i don't get my way is not valid.

There are very few rights that owners have with regards to what a board can and cant do. I sure as hell do not try and get the board to follow my preference.. I don't have a preference. that would be stupid. The association is governed by the documents. period.

It does not matter what I am okay with. It does not matter what anyone on this forum says about your situation.

We are not members of your association.

The membership is the checks and balances against board misconduct. If you think your board is not acting in the best interests of the association, gather your fellow members together and vote them out.

You submit a complaint to the HOA stating that such-and-such covenant is being violated. You ask for a response within ten days. If no response, you hire an attorney.

I agree with those here who say the problem is the board.

Don't be trying to directly control the manager. You have no legal power to do so. You do have the legal power to potentially force the board to comply with the covenants.

Texas small claims court is also known as "Justice Court." The only power a Texas Justice Court has is to award money in appropriate cases. Justice Court cannot order a Board to comply with the governing documents.

See
https://www.texasbar.com/AM/Template.cfm?Section=Consumer_and_Tenant_Rights1&Template=/CM/ContentDisplay.cfm&C24859

and read the links at:

https://guides.sll.texas.gov/small-claims