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ThomasP13 (Ohio)
Posts: 87
Posted:
We're a 3.5-year old single building, 20-unit Condo Association that only recently achieved a functioning Board.  We have an owner who refuses to recognize the authority of the Board, acting out in a variety of ways to demonstrate defiance and disrespect.  This is not a case of simply not understanding how things are to be done, and I've got some other more serious issues I'll be looking for guidance on, but right now, we're dealing with his most recent attempt to continue to run things, as he was allowed to do previously because of apathy and ignorance on the part of others, and his insistence on dominating and controlling everything he touches.  He has no position in our Association other than being one of 20 Owners.

We had our monthly Board meeting tonight, during which we offer Owners an open forum time to address the Board.  He reported water intrusion in his unit from what we believe is an inadequate internal gutter and a very steep-pitched roof, an issue we became aware about earlier this year.  A couple of weeks ago, he sent a video he took of water spilling over the gutter directly to our roofing vendor, who he knows from his work on the building prior to our running the Association properly, and that vendor called me, and sent me the video.  We had them up on the roof last week to take a look, make sure it wasn't due to clogged downspouts, etc, and consider options.  At that time, I told the vendor that this person had no authority to be contacting the company directly, but also needed to downplay the internal issue because the vendor likes the owner and it's difficult to find a roofer who will work on our challenging roof.

After the meeting, the Board found it had been copied on the following email sent directly to the vendor after the Owner left the meeting.

"Hi T,

During this evening’s condo Board meeting I let the officers know about the water intrusion involving my Unit.

Please provide your inspection findings and plan to repair this problem to the Board.

Thanks,

M."

What's the recommendation for handling this, both with the vendor and the Owner?

TIA.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Contact the vendor and explain the owner lives in a HOA. That you will be the bill payer and to deal with you directly. You only will pay the bill if it is deemed by the HOA to be a valid repair. Plus you have a choice to hire another vendor if the HOA desires. So any interactions they have with the owner does not equal a paycheck from the HOA. It would all be on the owner if the owner does not co-operate.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Since this sounds like an ongoing problem, I also suggest that whenever you deal with a new vendor you should designate contact persons (both for the association and the vendor) and agree that all communications will go through the contacts. This should head off any future issues with your problem person or anyone else.

Most vendors who deal with community associations are aware of the dynamic you described, so this is not an unusual thing to ask for.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Should have added:

In HOAs/COAs that employ a community manager, the manager is generally the point person for dealing with vendors and handling the day-to-day communications and issues. Since it sounds like you don't have a manager, one of the board members will have to take on this role.

Among other things, the manager will deal with issues that come up and that can widen the scope of the work that was agreed to. Homeowners who stick their noses into things is just one of the ways that projects can go off the rails.

Watching how vendors handle situations like this also will tell you if you want to continue to work with them. We had a landscaper who would take instructions from homeowners while he was working, even after we told him to stop doing that and that he wouldn't be paid for work that the board did not authorize. He viewed himself as a "nice guy" who did little extras for the community - the board and the manager viewed him as someone who undermined the manager's ability to do her job. We found a new landscape company... (The next landscaper also did little extras for us, but he did it through contract negotiations and through talking with our manager. Totally different situation.)
DavidG45 (Delaware)
Posts: 994
Posted:
I think there are a few extenuating circumstances that make me believe you should treat this situation gently.

* Water is a serious issue so some understanding when an owner is proactive seems to be in order

* You indicate the issue has existed for some time, which is another reason to be understanding that the owner is getting anxious

* In the past the owner has been, it seems, filling a vacuum because there was no functioning HOA. It will take some time to wean them from their old role.

* The owner has a good relationship with the vendor, and you say it's difficult to find a vendor to work on your uniquely difficult building. So, again, kid gloves would seem to be in order.

Certainly the board should (as already noted in the absence of a PM) designate a contact person and define a procedure for dealing with your contractors. Then you should have a conversation with both the vendor and the owner explaining the procedure; but do so in as friendly and positive of a manner as possible.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Thomas,

You won't prevent an owner from contacting your vendors if they choose. Simply reiterate, with discretion, that all business decisions are made by the HOA and the move forward there. It sounds like this is a trusted roof vendor and they respect your board enough to share a video (which appears to show a legitimate issue) and your board was CC'd openly on an email.

Regarding the project, it's a discussion matter between the HOA board and the vendor. I believe the resident should be kept informed as it sounds like a legitimate issue but core decisions are not subject to three-way discussion.

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