Harrasment by the Property Manager

I seek guidance regarding a resident in our condominium complex who has been contacting me with grievances about the HOA board and Property Manager. She alleges threats from them and feels unfairly targeted in matters concerning complaints, assessments, and late fees. The Property Manager, who isn't a board member, seems to control financial decisions, including imposing late fees, which typically fall under the Treasurer's purview.

This resident, an African-American female, believes she may be facing discrimination, but I'm cautious about making unfounded accusations. As a former board member, I acknowledge that not all board actions were necessarily wrong, but there are concerns about the lack of responsiveness to owners' opinions.

I've provided her with contact details for the President and Treasurer, emphasizing that financial matters should come from the Treasurer, not the Property Manager. Having served as the Vice President, I've observed a concentration of control with the Property Manager.

I'm seeking advice on how to handle this situation. I've suggested she consider legal representation, especially since she claims to have paid the late fees but continues to feel harassed. Any insights on the best course of action would be appreciated. Thank you.

She may not be following the right way for requests. They should be in writing. The PM may forward them to the HOA board. Whothen can discuss with treasurer. Plus we don't know the scope of information she is requesting.

You also may be dealing with someone who plays victim. They can be difficult to deal with. Be careful when they try to make you their hero. They are just using you to get what they want.

From another thread, this is a condo association with 50 to 100 units.

What is the right way when you notify the treasurer that you would like to receive the monthly financial report and he agrees to send you the monthly reports? This is a right we extend to all owners upon request. This is not difficult.

What is the right way when you notify the treasurer that you would like to receive the monthly financial report and he agrees to send you the monthly reports? This is a right we extend to all owners upon request. This is not difficult.

Dear HOA Treasurer,

Georgia Code 14-3-1602 gives owners certain rights to inspect and copy accounting records of the HOA corporation. Please provide a time and location for Tuesday, December 12 when I may inspect the last six months of monthly financial reports (income and expense statements and balance sheet).

I make this request in good faith. My proper purpose is to familiarize myself with the income and expenses of the association.

Sincerely,

name
address
email addie
phone

At this point, send the request certified mail, return receipt requested.

See https://casetext.com/statute/code-of-georgia/title-14-corporations-partnerships-and-associations/chapter-3-nonprofit-corporations/article-16-records-and-reports/part-1-records/section-14-3-1602-members-right-to-copy-and-inspect-records

I’d start with the records request – as has been stated, the lady should send a written request for the monthly financial reports. If your community has a website, she might also want to check there because some post that information online. The amount of information may also be an issue – she shouldn’t have any trouble getting the last year or two, but if she wants the last 10 years, it may take a little time to pull all that together.

If a letter becomes necessary, put a deadline on it, say 30 days from the letter date. ElleN gives a good example of a letter you might use. That said, if she complained about this to the board, she should have received a response – if this community has issues with them responding to anything the homeowners have to say, that is a problem and it may be some of them are going to have to run for a spot in the next board election to get rid of the most unresponsive ones.

I’m a former board treasurer and generally we didn’t forgive late fees, explaining assessments were considered late if they weren’t received by the property manager by close of business on the 5th of the month. The homeowner had to prove it arrived on time and it didn’t matter how it was sent – for example, if you sent it by mail, we suggested you allow 7-10 business days (not weekends or holidays). These days, postal delivery everywhere has slowed because the current postmaster general has established policies that have slowed delivery over the past four years. There have also been problems with people breaking into post boxes and stealing checks (especially if they sit unmonitored in a parking lot – including the post office!). If she’s got cancelled checks, take a look at the back to see who endorsed them to ensure the money got to the right place.

If she pays online through her bank’s bill pay, check and see when the money arrived (usually it’s the same day you scheduled it or a day or two later – you still have to keep weekends and holidays in mind). If it’s the property manager’s payment portal, check to ensure there haven’t been any changes there. Our board decided on whether to waive a late fee and our decision is final. If the homeowner had a good payment record and slipped up once, maybe because something else was going on at the time, we'd waive it and that was usually the last time the homeowner had an issue.

As for the other stuff, I can’t say this is discrimination (and I’m African American) without more details, as you note. What is she complaining about, who did she talk to and when, what was the response, has anything been documented, etc. If things got heated and shouting and cuss words ensued, it could be easy for someone to say something repulsive, and that applies to both parties (and perhaps a few more). That may be a conversation for another day, but for now, you might be able to talk to a current board member (preferably a friend) and ask general questions like “I’ve heard people complain they’re having trouble getting information on their accounts, board meeting minutes, etc. I know you can’t speak for the entire board, but have you heard this and is the board making any plans to address this soon?”

A final thought – we never got involved with disputes between neighbors unless it concerned misuse, abuse or damage to the common areas, or if several residents had the same complaint against the same person. This lady should consider all her complaints and divide the crappy neighbor stuff from the ones the board should address, then focus on what the board can do if that’s the bigger problem. The others may end up with her taking private legal action against the homeowner or she may have to file a police report if criminal activity is involved.