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LisaR21 (Florida)
Posts: 22
Posted:
Is it naive to think that in Florida our property manager never gets kickbacks? A few things that make me wonder are her using the same contractor at her home a few months after our association used him for a major renovation. Then a tree company was paid 75k for 1000 trees trimmed when a month previously she said only 500 trees needed trimming. Lots of her charging association items on her personal credit card despite having access to the association card. Can property managers really negotiate kickbacks?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I do not see any kickbacks in what you stated. You can hire any business you want whether or not they did work for the HOA. The HOA is just another customer. Is it a kick back if you use your neighbors plumber? They are an HOA member...

Think your trying to find something to complain about.

Former HOA President
MichaelS56 (Minnesota)
Posts: 859
Posted:
I am surprised that the PM has the authority to determine who the vendor is going to do association work. As President of our association, the PM only gathers bids for the Board to review and approve since we work elected to do this duty. The PM, in our process, works for the Board of Directors.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Michael there are bigger Property Management companies whom have large HOA's that have their own contractors/vendors. Usually a large operation can have a set of "approved" contractors they use on a routine basis. That does not indicate "kickbacks". It just means they have contractors they can rely on for hiring without the whole bid route. You need to review this with your PM on how to handle contractors. Some HOA's appreciate not having the option of bidding. Myself we had a 3 bid process for jobs. It was completely open whom could bid as long as they were licensed, insured, and professionals in that field.

Using a vendor your HOA uses does not mean a "kickback". I've had several vendors offer cheaper services IF since they are in the area and other hire them. It helps the contractors out. They don't have to make special trips. I just bought a water softening system. If I recommend 2 or 3 other people and they use my name when signing up, I get a discount. They can also have the same thing if they do it too. It's not unusual but not anything "ethically" questionable.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
It's not a kickback unless you can document that the manager received a monetary benefit from the contractor, such as free or reduced price work on her home in exchanging for steering HOA work to them. However, the board selects the contractors to work for the HOA, not the manager - at best she can solicit bids from this contractor. On the other hand, she may have worked with this contractor at other communities, decided that the guy did a good job and was easy to work with, and called him to do work for her home - perfectly OK.

Charging stuff on a personal credit card and submitting the receipts for reimbursement is also OK as long as the board reviews the receipts before approving the reimbursement. This happens in HOAs without a company credit card all the time - I did it myself when I paid for newsletter printing. Is it possible she does this for personal credit card rewards? Sure. But if the association's card doesn't have rewards attached to it - and a business card probably doesn't - then the association isn't out any money.

That said, an auditor *may* flag some of this, and I'm a big believer in avoiding even the appearance of wrongdoing. If your community's books are being audited regularly, you're probably OK. If they aren't, they probably should be - bylaws often require it.

So sure, it's possible there's something going on. Dishonest folks will figure out ways to game the system whenever and wherever. The trouble is that you can't tell from the outside - the really skilled bad actors are good at hiding their tracks, which is why we have auditors. If random homeowners know about it, it's probably fine or else your crooks are really not very competent.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By LisaR21 on 08/02/2023 7:04 PM
Is it naive to think that in Florida our property manager never gets kickbacks? A few things that make me wonder are her using the same contractor at her home a few months after our association used him for a major renovation. Then a tree company was paid 75k for 1000 trees trimmed when a month previously she said only 500 trees needed trimming. Lots of her charging association items on her personal credit card despite having access to the association card. Can property managers really negotiate kickbacks?

Property managers do sometimes get kickbacks. It's not ethical, but in our society that doesn't stop a lot of people. However, the evidence you provide is not convincing evidence of kickbacks. And be careful who you say it to or what you put in writing about this - if not true, it's slander.

Are you on the board that oversees the contracts, contractors chosen and financial expenses? If you are on the board and suspicious of this activity, then you should investigate. Look at those personal credit card receipts to see what they purchased - that's pretty easy to do and will quickly tell you if the money is being spent on association business. If you aren't on the board, who is telling you that these things are happening? Every association has negative gossip and you may just be hearing from someone with bad feelings toward the board.

This happens all the time in my community. We have our landscaper offer special rates to all homeowners to have their trees trimmed. I had my trees trimmed and a big tree cut down by the landscaper. I paid my bill the same as everyone else. But I guarantee that someone will be saying that they did the work for free for me. I have used a contractor that the association used and paid them the going price. I do not expect any discounts or freebies because I'm on the board. But I'm sure that people will say I do.

We have discovered that our last PM, who we really liked at the time, was getting kickbacks for bringing on new vendors, like a finder's fee. It's disappointing.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Melissa what you said applies to our PM company, but the Board still has to approve all contracts even if the vendor has been vetted by the PM and company.
MarkB28 (New York)
Posts: 40
Posted:
If your suspicious about kickbacks then seek out different vendors. If there is work that requires more than $1,000 than it is completely reasonable to seek out 3 or more bids for the work. Then you can decide on the most inexpensive one. Opening up the vendor choice to determine the cheapest alternative is warranted.
MaryM56 (Nevada)
Posts: 1
Posted:
In Nevada CAMs or Community Association Managers provide a minimum of usually 3 bids for the BoD to choose. One board director attended a Golden Knights Hockey game with the board president. Later the director found out the tickets were provided by the CAMs chosen plumbing contractor. Golden Knights hockey tickets are very expensive. So to catch this contractor kicking back a sting.would need to be set up with an honest board member. So since felons are in this year I doubt if kickbacks will cease.
CathyA3 (Ohio)
Posts: 6,299
Posted:
This is an old thread.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Cheaters cheat.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Yup. And you find bad actors in every profession and in all walks of life.

The top management company in our area forbids their employees from accepting gifts from anyone - not even cheap plastic junk that's practically worthless. Their managers would be fired over this.

Which makes sense. You're going to damage the reputation of your company and lose clients over tickets to a ball game? Really??!
DeanJ
Posts: 1,786
Posted:
$75,000 to trim 1000 trees is $75 each. That doesn’t sound excessive.

Using the same contractor the HOA is using is evidence of nothing.

As a PM, I would never want to use the HOA’s credit card, nor should the HOA have a credit card. At the end of each month, I would submit an invoice for reimbursement.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our Tree vendor sends the Board a detailed bid listing what he recommends should be done with the trees within the association. The arborist has numbered each of our 1100 trees so that we know what is happening to each tree. Which trees are to be trimmed, which trees are to be removed, which stumps are to be ground out and which trees are to receive treatments to protect from various infestations. The Board looks over this bid and makes a decision, in which then our PM handles all of the paperwork.

To get this bid the tree arborist walks around all of the association with board members and the PM for about 3 hours looking at our trees and making his thoughts known to us as to why certain steps should be taken. This is an annual process.
MarshallT (New York)
Posts: 414
Posted:
This doesn't sound like she is getting kickbacks, but she probably does get some benefit by using certain vendors. This is not uncommon, and the association usually gets a better rate too. If you feel uncomfortable about how the manager is paying for things, you could have a conversation about it and ask her to only use the association card instead of her personal card.

TamaraG7 (Florida)
Posts: 35
Posted:
Quote:
Posted By LisaR21 on 08/02/2023 7:04 PM
Is it naive to think that in Florida our property manager never gets kickbacks? A few things that make me wonder are her using the same contractor at her home a few months after our association used him for a major renovation. Then a tree company was paid 75k for 1000 trees trimmed when a month previously she said only 500 trees needed trimming. Lots of her charging association items on her personal credit card despite having access to the association card. Can property managers really negotiate kickbacks?

Any time a manager arranges for vendors to perform work at an Association, the proposal must first be approved by the Board. In most cases invoices over $5K require board approval unless policy states otherwise. The Association will be invoiced for the work, manager codes invoice & sends to accounting for payment.

How do you know she's using her personal charge card? Any receipts for the Association to pay must be coded & sent to accounting for processing. I would not ever recommend a manager use a personal credit card for Association purchases.

Also, no manager wants to lose their license over kickbacks? Really?
LetA (Nevada)
Posts: 2,679
Posted:
IF you have an idea of the average rate vendors charge and your PM is pushing for the more costly one or someway promoted the more costly
vendor, you can just about bet that the PM is getting something on the back end.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Not the PM necessarily, but the manager's company may be getting something.

For example, we're currently managed by the largest management company in my area. They own a lot of rental properties in addition to managing community associations. This means they have a lot of employees on their books, including maintenance staff who deal with the rentals. The company likes to keep these folks busy, so the PM may accept bids from these employees for HOA jobs. In my experience, though, these employees are often the lower bids, not the higher ones. They also won't necessarily do the best quality work. (CathyA3's mantra: you get what you pay for.)

So... does the PM benefit? Yes. Does their company benefit? Yes. Does the association benefit? Often yes.

I have a hard time getting too upset over this. I can understand why people may think it looks a little hinky. But the board is always the ultimate decider on which bids they will accept. The board can decide to accept a higher bid rather than let the management company do a little double-dipping.

Sounds like a win-win to me, but with one caveat. It's theoretically possible that the manager could rig the bidding process by getting bids from companies that they know will quote a higher price than the one provided by their company's employees. This won't happen in our case since we brought the landscape contractor with us when we changed management companies. But for a new client community who isn't in the middle of current vendor contracts, this is something the board should be aware of. (CathyA3's other mantra: trust but verify. Or consider only hiring management companies who aren't conducting other for-profit businesses. This assumes that this is an option - in some areas, excellent management companies can be hard to find.)
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 09/08/2024 6:34 AM
... snip ...

For example, we're currently managed by the largest management company in my area. They own a lot of rental properties in addition to managing community associations. This means they have a lot of employees on their books, including maintenance staff who deal with the rentals. The company likes to keep these folks busy, so the PM may accept bids from these employees for HOA jobs. In my experience, though, these employees are often the lower bids, not the higher ones. They also won't necessarily do the best quality work.
...snip...

I didn't explain this well. The management company is bidding on HOA jobs, with work to be performed by their employees who would otherwise be sitting idle.

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