Do on site property managers usually supply their own furniture and technology?

We are under Declarant control, and the PM is constantly asking for new and better furniture, which the Declarant purchase with HOA funds. Now they are asking for new computers with double monitors, just two weeks before Declarant control termination, and it looks like he is going to get it for them.

I just wanted to see if this is normal, so I can offer some advice when the new board of residents gets asked do these things.

No. Everything in my office belongs to the association.

Why do you need to keep this MC after the turn over? I would look into finding another one during this period. It kind of like this MC is trying to set up their own shop than owning their own shop...

For a property management company under contract, and unless specified in the contract, I suspect it is highly a-typical.

If the on-site manager is an employee, it's reasonable to assume that the employer would provide the equipment needed for them to do their job. Among other things, different software may result in files that are no longer accessible in the future. The association should set its own standard.

As a practical matter, you also don't want the association to be responsible for items that belong to someone else. Your insurer may balk at such a thing.

While I don't have the information in front of me, at the time that I was researching my understanding was that the contracts were not automatically voided, but any contract could be cancelled despite its term. So while our PM contract goes to the end of December, the new resident board could cancel it in May without penalty.

This seems to be not really on the table. I believe we are going to wind up with a board that includes people who have not been involved in the community and thus aren't aware of the issues we have faced. If I am on the board I don't want to be aggressive about this. My initial goal, then, would be to simply right the current wrongs. For starters, I want to insist we use proper accounting methods so the 55+ funds are accounted for; and to recover the money the PM wrongfully and illegal diverted from the 55+ residents to the community at large.

Hopefully either the PM will start doing a better job, or over time their ineptness will become obvious to all.

That's never been my experience or the experience of any manager I've known or worked with. I've never heard of an "instant voiding" and I can't imagine how that would be practically applied.

The developer contracts with the management company in their capacity as the board of directors. The contract is between XYZ management company and ABC association and remains in place until it expires or is terminated by the means described in the contract.

I don't think I remember that the contract between MC & assn. is usually or typically voided upon turnover. When turnover occurred here long ago, the Board did hire a new MC after a couple of months learning the ropes.

Why? Not arguing, just curious.

Yes, but are you an employee of a property management company with only one community in your portfolio, or are you an employee of the HOA? Who sends you your statement of earnings in January, in other words?

Proprietary software makes sense in the first case or if you're a contractor who receives a 1099. It makes less sense if you receive a W-2 from the HOA since your employer owns your work product..

I just checked our contract for other reasons, but looked at "Accommodations" for the on-site PM. "Adequate office space"; the assn. pays for high speed connection and for any wiring upgrades needed. assn provide fax, copier, phone service and any other equipment needed for smooth operation. The MC provides all other kinds of services, e.g., an owner portal; board member portal, and on-site portal.