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ShaneB1 (California)
Posts: 2
Posted:
I'm on the board of a small (<25 units) HOA in CA. I recently read a copy of our HOA's contract with our property manager, and the HOA effectively gives the property manager arbitrary discretion over spending. In practice, the property manager consults with one or all the board members over certain issues, but this has led to disaster over the years. I want to establish clear guidelines as to when the entire board should be involved before the HOA's money is spent.

For example, a simple dollar amount threshold before requiring board approval is not ideal because that can significantly slow down the process for something that needs to be addressed quickly.

Can some of you tell me about how your property managers are contractually allowed to spend money in your HOAs? Or if you have any suggestions or lessons learned to share, I would appreciate those as well. Thank you.
SheliaH (Indiana)
Posts: 6,964
Posted:
Thankfully, we haven't had a ton of situations that warrant this. Our property manager can pay routine monthly bills (those invoices are part of our monthly management report) and we have a handyman to do certain things. The property manager sends a list of things for him to do, he does it, and then he's paid accordingly. That could fix part of your problem - determine the tasks the handyman should do and then contract with him/her. The handyman could be hired by the board and he/she must provide a summary of the work done (dates, location of the work, description of work done, materials used, etc.)

For emergencies, you can begin by defining what that constitutes, perhaps limiting emergency spending to situations that are an immediate danger to health and safety. The property manager would have to provide details as listed above. Be sure to mandate any spending should be limited to the common area only - I sense some of the problems you had before may have been with board members who had work done for individual homeowners, when in fact it was homeowner responsibility.

In fact, that could be another part of the policy - reiterate (again) what's homeowner responsibility and homeowners need to have their own plans on how they deal with routine maintenance, handling emergencies, etc. If their neglect or abuse results in damage to the common area, the homeowner will be responsible for all repair expenses - and they can't/refuse to pay, legal action will be taken against them.

All board members should receive an email advising of emergency situations - after the emergency passes, you can discuss in more detail what happened and adjust the policy as needed. I don't have a problem with designating a board member, but in your case, you may want to designate two be contacted, and both are required to provide details at the next meeting.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnT38 (South Carolina)
Posts: 1,631
Posted:
$750. This was was for a 144 condo and 22 patio home community. We did this because there are always unexpected repairs needed for condos where the HOA is responsible for all exterior maintenance and lawn care. The property manager did send us a copy of the invoice and a description of why the work was needed.
MichaelT21 (Arkansas)
Posts: 200
Posted:
Ours can sign contracts up to $500 on behalf of the Board. Our PM never uses this power though and always insists that Board members sign contracts. When pushed, she complies with our request.

We also have signed an authorization with our landscaping company to repair irrigation up to $1000 without Board authorization.

We will have a discussion about this at our next meeting. I would like to increase the threshold for irrigation repairs. We have one Board member who only wants to make decisions at meetings, and if we have an expensive irrigation valve repair that is needed, it might go a month or two left broken while waiting for a meeting, which isn't helpful. We simply need to maintain our system.

We are discussing at our next meeting. I don't want to further increase the landscaping company threshold, but do want to see us authorize all needed repairs right away so we aren't sitting around with a broken irrigation system while waiting for a meeting.
ShaneB1 (California)
Posts: 2
Posted:
Thank you for the replies! I like the contracted handyman idea. Our property manager tends to wait for issues to pile up before requesting a handyman, because in theory this saves money. In reality, things pile up and don't get fixed at all leading to more expensive issues.

I'll give a slightly more specific example of when our system failed. We once had an issue in the common area that was posing a health concern for multiple owners. The owner was in contact with the property manager, and the property manager, in his discretion, did not treat it as something that required urgency. And worse, his discretion was used in a way that significantly delayed solving the problem. At one point, he actually told the owner on behalf of the board that the HOA exhausted all possibilities to attempt to resolve the issue. This left the owner with the responsibility of solving the problem in the common area, and then when the owner found a solution, the property manager then requested bids for every resolution step, slowing down the process, even though the dollar amounts were less than other issues that were much less severe. The most critical failure after all that was that the property manager accepted a very expensive bid that downgraded the required scope of work. Not only would it not have solved the problem, but the work would have had to be undone to solve the root cause. The property manager unilaterally accepted the bid and told the vendor to avoid communications with the owner. Fortunately, the owner intervened with the board in time. And more fortunately, the owner has yet to sue the HOA for personal injury.

As awful as all that sounds, the property manager's contract has language that allows this kind of behavior, and redirects the ultimate responsibility to the HOA. While replacing our deeply-entrenched property manager is a long term solution, at this time it makes most sense to try to prevent this issue from occurring by establishing spending guidelines from the board, which the contract allows.

That's why I'm interested in a set of guidelines that would have prevented this issue. On paper, having more board involvement seems like it would slow down the process. But in this case, if the board could have immediately understood the severity of the issue from the owners themselves, they maybe could have instructed the property manager to prioritize a solution and be extremely transparent.

For example, for common area issues directly impacting resident safety and costing more than $1500, maybe there should be a requirement that the board and/or the resident/owner be cc'd on all communications.

I don't have a good catchall solution, so that's why I want to hear about the nature of other HOA-property manager relationships.

MichaelT21 (Arkansas)
Posts: 200
Posted:
Shane,

I don't live in a condo or multifamily housing (we are single family homes) but your story is why I don't trust our property manager. As a Board member, I take the action and responsibility to work with each vendor to properly scope out the work, get the bid, sign the bid, work with the vendor to accomplish the work, and verify when it is done. All the property manager does is release the contract (after validating license and insurance status) and pay the vendor.

This is a bunch of work and probably too much for a volunteer Board of a multifamily housing scenario. It's borderline too much work for me, but I do it because (aside from I think it's kinda fun) it's what it takes to have projects run efficiently and well.

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