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PaulL12 (California)
Posts: 116
Posted:
We have a problem with a particular homeowner who is trying to control a vendor. Multiple homeowners have complained to management and/or the board about the vendor's (or their employees) actions (some of which create hazards), with some homeowners directly requesting the vendor to be a little more careful and/or respectful to homeowners. A particular homeowner claims he has a vested interest in this vendor and has threatened some homeowners who have asked the vendor to exercise a little more caution. What can be done?
KerryL1 (California)
Posts: 14,550
Posted:
The owner who threatened other owners: What is the nature of the threats? Depending on them, the other owners should call the police. This is not, imo, a board matter.

Owners who criticize, advise, instruct the vendor should be instructed by the Board that any complaints they have must come to the PM or the board member who looks after landscaping. If the vendors employeee causes problems that include creating hazards, shouldn't the Board seek a new vendor?

"We have a problem with a particular homeowner who is trying to control a vendor." What does this mean, Paul? Is this owner also a board member? What do you mean that this owner says he has a vested interest in this vendor?" A financial interest? Personal interest?

PaulL12 (California)
Posts: 116
Posted:
Quote:
Posted By KerryL1 on 09/06/2022 2:07 PM
The owner who threatened other owners: What is the nature of the threats? Depending on them, the other owners should call the police. This is not, imo, a board matter.

Owners who criticize, advise, instruct the vendor should be instructed by the Board that any complaints they have must come to the PM or the board member who looks after landscaping. If the vendors employeee causes problems that include creating hazards, shouldn't the Board seek a new vendor?

"We have a problem with a particular homeowner who is trying to control a vendor." What does this mean, Paul? Is this owner also a board member? What do you mean that this owner says he has a vested interest in this vendor?" A financial interest? Personal interest?


The homeowner in question is not a board member. I don't know what the homeowner's interest in the vendor is, but I have heard from others that he claims to be an employee of the company.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Kerri said.

If the board has had complaints from homeowners regarding safety. The board needs to meet with that vendor and get his/her side. But first, foexthe boarchave any details regarding these complaints, like date, time, locations, etc.? If not, tell those homeowners to file written complaints with that information. If they remember any specifics about the workers, you'll need that as well. Hopefully it's stuff like "the name on the shirt was Tony" (no ambiguous stuff like "two white guys..."

As for this homeowner with the "vested interest" in the vendor, I'd deal more with the threats he's made against the homeowners - his being a friend, partner, relative, etc., to the company means squat. Homeowners should still call police, but tge board needs to talk to this guy about the threats. Tell him if he thinks these homeowners aren't bring fair ir something to the workers, those concerns should directed to the board. Yes, he'll need to be specific and name names.

From there, you may see some patterns and address them more effectively- and I seem to recall you're on the board, so you're in a position to facilitate this. For example, the work is creating dust that's getting on people's cars, see if they can park elsewhere for a day or two until that work is done.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Establish the correct way to communicate with or about vendors in your HOA. It is NOT to be done directly. If one has a complaint or an issue, they go to the board or the MC. It is then the responsbility of the board or the MC to address the issues directly with the vendor. Otherwise you end up in the situation you have now.

I've had to fire our lawncare before due to a "bad job" a majority of members reported. After that, I made sure we never had a contract longer than 1 year. Plus all vendors had to be part of a 3 bid including the incumbent. If they are good, then at the 1 year we kept them and maybe gave them a raise. Plus let us review changes. Otherwise, we would hire a new vendor. Contractors know this is how business goes. Should not be offended if you tell them up front it's only a year and you must submit a new bid every year.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
The board should investigate the complaint to see if there truly are issues, and then deal accordingly.

If you're simply dealing with problem owners, here's what we found helpful:

* All complaints must be submitting in writing and must identify the person making the complaint. If it isn't in writing, it isn't a valid complaint.

* Our action form has a section that asks if the homeowner is willing to testify in court. These first two items usually weed out crank complaints, and it tells the board if they need to find more evidence before moving further.

* Inform the squabbling homeowners, in writing, that threatening people can be a crime and that victims should report threats to the police. An article in the newsletter or on the community website may be helpful and will get people's attention. (FWIW, our local police told us that harassment is "getting in people's faces", which they defined as closer than 10 feet.) The police have more tools to reign in the bad actors.

* If the behavior doesn't rise to the level of harassment, you might want to run this past your association attorney to get their take. Threatening others usually violates one or more provisions in your CC&Rs; eg. the "nuisance" restriction that prohibits interfering with others' quiet enjoyment of their homes. Unfortunately such provisions can be vague enough to make enforcement difficult, which is why I suggest getting the lawyer's advice before proceeded.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Another comment about squabbles between homeowners:

Our attorney told us to stay out of them if they're normal disagreements. The more serious ones, though, need attention of some kind, but it can be hard to decide where to draw the line. This is why I suggested talking to the association lawyer first. They'll tell you whether the dispute does cross the line, if the victim should be encouraged to call the police, if the board should take action in the form of a violation notice and possible penalties (fines, being denied use of the amenities, etc.).

And the attorney needs a heads-up in case the threats blow up into something more serious.
KerryL1 (California)
Posts: 14,550
Posted:
Paul wrote: "We have a problem with a particular homeowner who is trying to control a vendor." What does this mean, Paul?

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