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DawnL6 (South Carolina)
Posts: 226
Posted:
Our office manager ran a background report on a 21 year homeowner for no reason and told a non homeowner about this.and also used report against that person.what should be done when board will not respond to this breach?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am not so sure there was a "breach". You do not give details of what type of background check it was. Plus was it for a potential renter? Is it policy for your HOA or MC to do background checks for renters? Some MC's also manage owners homes for them. Another aspect of their business. So was the MC going to rent this property out? If so, then nothing wrong for a background check.

Was this a criminal check or financial? A financial one is questionable as one does not supply their social security number to the HOA. A criminal check can be standard operation. I know I've had to fill out that form before to get it signed.

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DawnL6 on 03/09/2022 11:41 PM
Our office manager ran a background report on a 21 year homeowner for no reason and told a non homeowner about this.and also used report against that person.what should be done when board will not respond to this breach?
How did the manager use the report against the person?

Background reports are available to the public. If the manager was messing this while working for the HOA, and without Board approval, then the manager was not using her time and the HOA's money appropriately.

DawnL6 (South Carolina)
Posts: 226
Posted:
The board had placed a parking violation on a friend's car when he was parked where he should.i emailed office about this and 25 emails later she said he would not be towed.she should have said placing on his vehicle was a mistake.but after 25 t emails,I told her that she needed to follow rules as I do and not be portraying herself as a property manager due to her license being revoked to avoid trial only not to practice real estate in our state again.whic I got that info from labor, licensing,and regulations division.she immediately sent back a criminal background check on me stating it "was to prove a point".I explained to her that I do not touch or control the close to 2 million bucks that comes through our association.she does I didn't run for a position for the board.there was no reason for her to have run this.then she turned right around and told a friend of mine who is not a homeowner a saying she had ran a report on me.
DawnL6 (South Carolina)
Posts: 226
Posted:
The board had placed a parking violation on a friend's car when he was parked where he should.i emailed office about this and 25 emails later she said he would not be towed.she should have said placing on his vehicle was a mistake.but after 25 t emails,I told her that she needed to follow rules as I do and not be portraying herself as a property manager due to her license being revoked to avoid trial only not to practice real estate in our state again.whic I got that info from labor, licensing,and regulations division.she immediately sent back a criminal background check on me stating it "was to prove a point".I explained to her that I do not touch or control the close to 2 million bucks that comes through our association.she does I didn't run for a position for the board.there was no reason for her to have run this.then she turned right around and told a friend of mine who is not a homeowner a saying she had ran a report on me.
DawnL6 (South Carolina)
Posts: 226
Posted:
I have lived here for 21 years.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well tit for tat...Who says needed to be licensed for Real Estate to run a PM? There is not such requirement. So maybe look that up instead of the person.

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DawnL6 on 03/11/2022 3:11 AM
The board had placed a parking violation on a friend's car when he was parked where he should.i emailed office about this and 25 emails later she said he would not be towed.she should have said placing on his vehicle was a mistake.but after 25 t emails,I told her that she needed to follow rules as I do and not be portraying herself as a property manager due to her license being revoked to avoid trial only not to practice real estate in our state again.whic I got that info from labor, licensing,and regulations division.she immediately sent back a criminal background check on me stating it "was to prove a point".I explained to her that I do not touch or control the close to 2 million bucks that comes through our association.she does I didn't run for a position for the board.there was no reason for her to have run this.then she turned right around and told a friend of mine who is not a homeowner a saying she had ran a report on me.
DawnL6, my suggestions:

First, do not mess with someone who has more power than you. You insulted her. You indicated you were gossiping about her real estate license problems. You tried to order her around. She returned 'the favor.'

Second, your recourse is to report the manager's poor behavior to the board. Make sure you tell the Board that you 'got personal' (with the attack on the manager's credentials) first.

Third, yes, the manager did you wrong. But I cannot say that your behavior was professional either. On the other hand, you were honest here at the forum, and that's rare for a poster in a situation like yours. Your honesty helps people here give better suggestions, as far as I am concerned. I admire your giving the full story here. Many who first post at HOATalk do not.

Fourth, there is a bit of "People in glass houses should not throw stones" that seems applicable here. I think the latter adage goes hand in hand with, "But for the grace of ___, there go I."

Fifth, overall, you won here, granted only after a battle, such that the car was not towed. You helped a friend who maybe could not have done this on her/his own. I say: Be proud of this, even if it cost you some hurt.
DawnL6 (South Carolina)
Posts: 226
Posted:
Maybe it's just me,but I'm not in the trust, fiduciary seat,nor am I employee,and my hands do not come in contact with close to 2 million bucks per year.and my former jobs did not require a license be online for the public to see,(my aybe that's why I didn't ho loo d a position as such)for misconduct.i was under the impression a office manager is suppose to be helpful, resourceful,and along those lines.
DawnL6 (South Carolina)
Posts: 226
Posted:
In south carolina you need to be licensed to hold property management position,and I reported this to the board as soon as I discovered it.i protect my largest asset and I believe I have a right.ive asked but got no response to any requirements to be on the board,due to we have a former physician whose license was surrendered to avoid trial also for misconduct..In my opinion,the board is taking a huge risk having these in such a position.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DawnL6 on 03/12/2022 5:55 AM
In south carolina you need to be licensed to hold property management position,
By my reading, I believe you are mistaken. Many people think managing a COA/HOA is automatically "property management." But this is not so in South Carolina.

From the net, in South Carolina, a person has to have a South Carolina Property Manager's license whenever he or she:

Negotiates or attempts to negotiate the rental or leasing of real estate or improvements thereon;

Lists or offers to list and provide services in connection with the leasing or rental of real estate or improvements thereon;

Advertises or otherwise holds himself out to the public as being engaged in any of the foregoing activities.


Normally COA/HOA managers do not do any of these things. Each rental unit in a COA normally will have its own property manager, distinct from the HOA/COA manager.

In rare cases a HOA/COA manager may be responsible for renting a unit that belongs to the HOA/COA corporation. This is a bad situation to be in in general. In these cases, yes the HOA/COA manager is acting as a "property manager" and depending on the state, may require a license.

This forum often uses the acronym "PM" for the manager of the HOA/COA. The acronym "PM" is supposed to stand for "property manager." In the context of HOA/COA management discussions, it is not accurate. It causes confusion.

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