How would you handle a POA President that might mess up a trash contract

Roger,

I'm having a hard time following your post. Can you explain how it was a messup to send out a survey to homeowners? Surveys to homeowners are good things. They aren't binding, the Board doesn't have to change course based on what is in the survey, but it provides valuable feedback to the Board about what is important to the association.

The survey was sent out because the President think the contract ended in May 2002, two month ago, and needs to be replaced now but from all sources, President of trash company and two ex-Board member who referenced the existing contract before answering me, the current contract has almost two more years to go.

I would start looking for bids 6 to 12 months out from the end of a contract.

It's up to the board to rein in the President.
Of course, if nobody wants to be the President, perhaps this is why the board will simply put up with those actions.

As others have said, ask to review the existing contract.
I would then attend and bring it up at the next board meeting with the existing contract in hand.

Agree with others. Review the contract with your own eyes. Can't recall if you're on the Board?

Ask to review the contract

Roger,

If the Association failed to keep a copy of the contract, I can see why the President may have thought it was for only three years (based on your latest posting).

Drafts are not contracts.

They should request a copy from the contractor.

I wrote, "likely executed", assuming current pricing matches, but other than the likely, not certain, qualification, yes that is what I meant.

I agree but they are not doing that, instead the Board is moving ahead with taking bids from other companies on an the assumption the current one is expired.

Yes, I know that makes no sense - asking for the contract would be a simple solution, but if you met the President you would understand that she might take such an approach. For example, a lot next to me went uncut since last Summer. It was 5 feet high weeds across over two acres - in case you are wondering, yes I measured it. I wrote the management company and Board about it. I talked to the President about it. Both refused to do what had been done for 40 years - for over 40 years, the POA had the lot cut ~monthly during grass growing parts of the year and billed the lot owner for the cutting since ~1980 through last Summer (2021), then stopped.

The President made lame excuses, e.g. in response to my concern about a fire hazard, she claimed that 5 feet dry weeds would not burn as easily as cut weeds (yes cut weeds can burn too but they shrivel up in a few days of sun shine and being compact to ground would not burn as fast as dried out tall weeds before shriveling up to nothing.) This complaint about the high weeds went on for about a month and half both verbally and in emails. Then one night a vehicle wrecked into the lot, hitting guide wires on two utility poles, which possibly made a spark. What ever the cause there was a large grass fire with the wreck. I called 911, and a fire fighter unit put out the growing fire. The next day while inspecting the grass burn, a different Board member pulled along the road and greeted me. I immediately complained, and he got defensive, claiming he did not care what the POA had done for 30 years (it was 40 but his words were 30), he was not in the grass cutting business and would not have the lot cut for the owner, claiming it was the owners responsibility. I then called the absent owner. She is a nice person and fairly wealthy with this lot just being something in her portfolio that she and her late husband have owned since the late 1970s. She told me she has had no contact from the Board, and did not know the situation, other than they quit billing her for the lot cuttings. I gave her the name of a grass cutting service and she had it cut a few days later by that person. She said no one had contacted. With her having it cut so fast after I told her, I believe her which means the Board did not even contact her, nor issue her any violation which is how the Board claimed to me they were handling it during the month or so long tug-a-war I had with the Board and management company about the condition of the lot.

Sorry for being long winded but I think the above is a good example of the incompetence and why the Board/President not contacting the trash company to obtain a copy of the executed contract is not a surprise.

I contacted the President/owner yesterday. He replied "5 years." I am concerned that if he hears the Association is claiming it is three years and expired, he might agree as it is a customer-friendly contract in my opinion.

It is $18.50 plus tax a month, paid quarterly for two day a week unlimited pickup and recycling collection once a week. Our inner subdivision has ~1.5 miles of roads with small cul-de-sacs, which cause the large garbage trucks to make several point to point back and forth moves to turn around on each road and/or go in reverse down many roads, with only about 35 houses over that stretch. Also, with many lots over 2 acres, many resident generate a lot of yard waste in addition to a lot of cans of waste. I have seen some with trash cans and debris piles the size of a medium sized SUV for one resident yet the current trash service picks it all up. One day I jogged down two different streets, which back and forth was over a mile, so say 7 to 8 minutes as that is my normal pace, and a garbage crew was picking up the same resident's large amount of trash from start of the jog to end when I saw them still collecting it.

Also, land fill rates for the trash companies are steadily going up every year as the Houston area is running out of garbage room. My point, the company is likely losing money at the rate we are paying, and if the Association communicates something stupid to it, it might play along. I suspect a replacement contract will be at least double if not 3+ times more.

I don't see that you ever addressed Cathy's post. You have multiple members on your board, correct? The President can't do anything on her own, the majority of the board would have to vote to sign a new contract. So have you told the other members of the board?

I don't see how this is complicated. If the majority of the board is stupid enough to enter into a new, higher, contract when they don't need to then there isn't much you can do. It's not illegal, so you can't lawyer up to stop it. All you can do is wait for the next election and try to replace them.