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JeriD
Posts: 44
Posted:
In sc, is THERE ANY SUCH THING AS sunshine law? i.e.where THE board CANNOT MEET anytime they want to WITHOUT NOTICE TO THE RESIDENTS?
also, IF YOU HAVE A property management company, can THE board hire a person to do maintenance, give violations to residents, answer all questions to residents so they don't have to go to management Company. It seems as if the board has two Property Managers. The first is getting paid and the board has paid the second person plus insurance and 401K.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jeri,

As you know, the Directors are elected by the membership to run the affairs of the Association. Governing documents and positional authority gives them broad powers in that role. They are free to hire and fire anyone they think can assist them in that.

Regarding notice for board meetings in SC, I could find nothing in the South Carolina Homeowners Association Act, the Horizontal Property Act (condos) or the SC Corporate Statutes that require regular notice of board meetings. Therefore, it will depend on any notice requirements contained in the governing docs.

Hope this helps (even if it's not what you wanted to hear).
JeriD
Posts: 44
Posted:
While I know that. I guess I didn't phrase it correctly. The board hired a "property Manager" for a very handsome salary, plus benefits ( prior President) in addition, they already have a property management company. This paid by the residents property manager does the work of the management company. My question is, what is the management company doing other than financials to earn their money.It just feels as if, we are paying almost 100K to a second property manager who is doing the work of the initial Management company. Does that make sense?
TimB4 (Tennessee)
Posts: 21,059
Posted:
It could be that the Board is waiting until the MC contract runs out to let them go.

Only your board has those answers.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By JeriD on 12/08/2022 2:15 AM
While I know that. I guess I didn't phrase it correctly. The board hired a "property Manager" for a very handsome salary, plus benefits ( prior President) in addition, they already have a property management company. This paid by the residents property manager does the work of the management company. My question is, what is the management company doing other than financials to earn their money.It just feels as if, we are paying almost 100K to a second property manager who is doing the work of the initial Management company. Does that make sense?

throuhg my 20+ years of living in HOA land, I've found the only way to get a board to save money is by becoming a board member. And being a board member is a time suck which might make you earn less money. only you can know if the trade off is worth it.

vis ta vie
LoriM15 (Florida)
Posts: 1,009
Posted:
Florida does have sunshine laws. All HOAs are governed by Florida Statute 720 (condos by FS 718). Both of those statutes say that the board cannot meet without proper notice (48 hours in advance) except for certain legal and personnel issues. If your board is meeting for business without proper notice then there is an issue.

Our association does have a property manager that we pay, but she is an employee of the property management company and not the association. However we pay her salary and benefits to the PM company but separate from our monthly payments to our PM company. You are right, the PM company does all the finances and other things for us, but the PM basically runs the association. Could that be what is happening in your association?

It may be that you don't have all the facts in this situation.

JeriD
Posts: 44
Posted:
I know about the sunshine laws in Florida, I am talking about SC. In your case, who hired the property manager, is there a contract on them and if so, who did the job description. I am curious if they are doing the same work that the original management company was hired to do.
LoriM15 (Florida)
Posts: 1,009
Posted:
Sorry, I missed that you were asking about SC.

The board hired our PM as part of our contract with the PM company. The PM runs the association. If we didn't have her, but still had the PM company, the board would have to do all the day-to-day work. That's just not feasible. But with our PM company, the board makes all hiring and firing decisions even though technically the employees work for the PM company.

How big is the association? How many units? Can you give us a little more information?

Also, that salary you mention is not out of line with an experienced PM in our area.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sunshine laws apply to public officials not to an association's Board of Directors. In SC there are no rules/laws on notifying owners when a BOD Meeting takes place. That said, owners can attend BOD Meetings. Just ask when it is and attend. There will be some limits on what you can do when you attend such as when you can speak.
KerryL1 (California)
Posts: 14,550
Posted:
In most states, Jeri, owners have the right to read executed (signed) contracts. Request in writing from your PM copies of both contracts. It could be the two are doing two different things. JphnC probably knows if the Board, via the PM must permit you to read them.
MaxB4
Posts: 3,513
Posted:
While you may be able to view a management contract, I doubt you will be able to view an employee contract.
NA1 (Massachusetts)
Posts: 190
Posted:
We post all contracts as a matter of practice. But we have no direct employees.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MaxB4 on 12/08/2022 10:33 AM
While you may be able to view a management contract, I doubt you will be able to view an employee contract.

I agree the employee contract is private, but one could ask what are the duties of the PM
KerryL1 (California)
Posts: 14,550
Posted:
The enployee's wages could be confidential, but not the job description, unless opposed to state statute or by an uncooperative PM or secretive board.
JeriD
Posts: 44
Posted:
If the board hired the second property manager, it would have to be approved and there would be minutes to back this up. There isn't any.
The Property Manager was the President and he negotiated the contract himself with no member of the Board approving it.
Property Manager wants to run the Board, do the Agenda, minutes, Budget. After he does it all, he puts it on the agenda.
This is an all new Board with no member ever being on a board before.
Just want to make sure the property manager doesn't get screwed from the Management Company. He has no contract with them.
JeriD
Posts: 44
Posted:
John
I appreciate you helping me seek this through. The Board hires and fires. The Board should have made a contract with position description and the salary. This never happened. The person coming on went to the Management company and worked through them.

The Board has never met a member of the Management Company. They never go to any meetings or at least come and introduce yourself to the new board.
KerryL1 (California)
Posts: 14,550
Posted:
If your "new" PM is an employee of the MC, your should be able to view the contract with the MC. JohnC should know if that's permitted in SC.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 12/08/2022 1:56 PM
If your "new" PM is an employee of the MC, your should be able to view the contract with the MC. JohnC should know if that's permitted in SC.

Any contract signed by the BOD can be viewed by any owner. Salary details can be confidential between the employee and the BOD but their duties/responsibilities can be published.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By JeriD on 12/08/2022 1:33 PM
If the board hired the second property manager, it would have to be approved and there would be minutes to back this up. There isn't any.
The Property Manager was the President and he negotiated the contract himself with no member of the Board approving it.
Property Manager wants to run the Board, do the Agenda, minutes, Budget. After he does it all, he puts it on the agenda.
This is an all new Board with no member ever being on a board before.
Just want to make sure the property manager doesn't get screwed from the Management Company. He has no contract with them.

It is normal for a property manager to write the agenda (with input from the board), do the budget (with input from the board) and do the minutes of a meeting. Ours sits in every board meeting and takes the minutes and provides an update to the homeowners.

You are right - if they hired the PM outside the management contract then there should be something in the minutes that the board approved the PM's contract. Are you sure the PM doesn't work for the management company?

Our yearly budget shows the gross amount we pay our PM, admin and maintenance person including their benefits. So we do not disclose detailed salary info, just the gross amount.

I'm still confused as to what you are looking for. Do you object that there is a PM? Do you think you shouldn't have a management company? You still haven't provided any details for the size of your HOA. To pay a PM $100,000 for a small HOA may be too much, but if it's a larger HOA with lots of amenities may be worth it.
KerryL1 (California)
Posts: 14,550
Posted:
Lori asks good questions, Jeri.

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