President and Property manager maintenance

Started by MikeA14 • 14 replies • 362 views

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

⚡ Takes 30 seconds

Already a member? Log in

MikeA14 (California)
Posts: 40

Posted:

Hello all,

We had a recent issue where a resident did some minor damage to the streets. For reasons that aren't important it upset the president and with the property manager's assistance had a vendor come out to "repair" the damage.

After following up with them as to why an emergency meeting wasn't called and an approval wasn't sought out by the board, the response was that it fell under maintenance (well under the pre-approved amount granted to our property manager). This is just 2 weeks after I myself had asked both the president and the property manager to take care of a different maintenance item regarding our pool that presents a danger to our residents.

Is the president acting rogue here in ordering this maintenance? Can he decide which maintenance takes priority over others? If we as the board feel that he is not handling these matters appropriately, what mechanisms are available to us? (lower the pre-approved amount? Require the president seeks approval? etc.)

MaxB4
Posts: 3,513

Posted:

There are two different issues.

1. How much has the Association authorized the MC for emergency repairs. My contract calls for $1500.00, but can be raised, lowered or eliminated by the Board.

2. If the maintenance is part of the approved operating budget for the current fiscal year, no additional approval by the Board is necessary. As president, I would have informed the rest of the board of the repairs.

Not sure what the issue with your pool is.

GregM14 (Washington)
Posts: 81

Posted:

Couple things.

First of all, I am not sure if the President was acting as an officer of your HOA or as a Director of your HOA. Typically, the President (as an officer) presides over the meetings and sets the agenda. Everything else he is doing he is doing as a director.

Second, have you tried calling him and discussing your concern with him? What did he say?

PatJ1 (North Carolina)
Posts: 568

Posted:

If it fell under maintenance and under the pre-approved amount it shouldn't matter that the President reported or an other owner.

Perhaps the vendor to repair the street damage had scheduling time available and the vendor with the pool issue has a scheduling back-log. Did pool issue require a Board vote? Pool issue may even be waiting on a part to arrive.

Mechanisms available: lower the pre-approved amount that can be spent without Board approval. Remove the Director as President and replaced them with another Director.

MikeA14 (California)
Posts: 40

Posted:

Quote:

Posted By PatJ1 on 09/08/2021 10:05 AM
If it fell under maintenance and under the pre-approved amount it shouldn't matter that the President reported or an other owner.

Perhaps the vendor to repair the street damage had scheduling time available and the vendor with the pool issue has a scheduling back-log. Did pool issue require a Board vote? Pool issue may even be waiting on a part to arrive.

These are great points, thanks.

Quote:

Posted By PatJ1 on 09/08/2021 10:05 AM
If it fell under maintenance and under the pre-approved amount it shouldn't matter that the President reported or an other owner.

Mechanisms available: lower the pre-approved amount that can be spent without Board approval. Remove the Director as President and replaced them with another Director.

MikeA14 (California)
Posts: 40

Posted:

Quote:

Posted By GregM14 on 09/08/2021 10:01 AM
Couple things.

First of all, I am not sure if the President was acting as an officer of your HOA or as a Director of your HOA. Typically, the President (as an officer) presides over the meetings and sets the agenda. Everything else he is doing he is doing as a director.

Second, have you tried calling him and discussing your concern with him? What did he say?

We have spoken yes. The avenue taken was that it falls under the maintenance threshold, thus no meeting is necessary and no notification needed to the entire board.

MaxB4
Posts: 3,513

Posted:

MikeA,

Is the issue you feel that a meeting should have been held, or that the other board members were not informed?

Collectively, your Board has the power to control just how your association is run and how communication flows.

MikeA14 (California)
Posts: 40

Posted:

Quote:

Posted By MaxB4 on 09/08/2021 10:28 AM
MikeA,

Is the issue you feel that a meeting should have been held, or that the other board members were not informed?

Collectively, your Board has the power to control just how your association is run and how communication flows.

This issue for me is that we have recently elected almost an entirely new board. It's business as usual for the incumbents, but the new board wants to know what is going on, how the business is run and where our money is going (which right now feels impossible).

As time goes on, my concerns as a resident seem to be validated now as a director; that the president may feel that he owns the place. But I want to tread lightly and get my facts straight.

MikeA14 (California)
Posts: 40

Posted:

Quote:

I suppose another answer is that I felt the decision was made out of anger and in spite of the residents’ actions (there were some red flag comments made on that phone call). The repair actually didn’t go well and is likely going to end up costing more.

It concerns me how many other maintenance jobs are being done, where the underlying decision isn’t a good one.

AugustinD
Posts: 3,698

Posted:

MikeA14, are you willing to serve as President?

MikeA14 (California)
Posts: 40

Posted:

Quote:

Posted By AugustinD on 09/08/2021 10:45 AM
MikeA14, are you willing to serve as President?

I’d love to but am unable to for now due to some requirements in our bylaws.

AugustinD
Posts: 3,698

Posted:

Okay.

Maybe you know this already, but FWIW: Being the President usually involves more work. I think anyone criticizing the President had best be willing to serve as same.

I know many Presidents go rogue and reining in is appropriate. Perhaps be gentle here, lest the current President become angered at all the work he is doing, without thanks, and with possibly only criticism. It can be draining. Darn few are willing to serve as directors never mind the President-director.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AugustinD on 09/08/2021 10:52 AM
Okay.

Maybe you know this already, but FWIW: Being the President usually involves more work. I think anyone criticizing the President had best be willing to serve as same.

I know many Presidents go rogue and reining in is appropriate. Perhaps be gentle here, lest the current President become angered at all the work he is doing, without thanks, and with possibly only criticism. It can be draining. Darn few are willing to serve as directors never mind the President-director.

Sound advice.

MikeA14 (California)
Posts: 40

Posted:

Quote:

Yes absolutely, thanks.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mike

If money has been allocated for road maintenance and the road repair falls into this category then the BOD does not need to vote to spend money on the repair.

Also, the person responsible for the damage should be billed for the repair.

🎯 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