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LmT (California)
Posts: 237
Posted:
We are considering a new management company. We wish to interview three prospective companies and three of us wish to meet as we all have individual questions and concerns. Our last company has been a nightmare and we do not want the same mistake - we want to be sure it's a good fit.

In California is it permissible for three (or four) directors to interview the management companies? No decisions will be made until the bids are submitted and voted upon in Executive Session and Open Meeting.

TimB4 (Tennessee)
Posts: 21,059
Posted:
To avoid any issue, it should be less than a quorum.

There is no reason why you can't simply call executive sessions when you meet with them.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By TimB4 on 02/10/2024 6:43 PM
To avoid any issue, it should be less than a quorum.

There is no reason why you can't simply call executive sessions when you meet with them.

Yes, I had thought of that. Perhaps that's the way to go although it's very difficult when you are looking for a new management company and need to exclude the current manager from any involvement.

BillH10 (Texas)
Posts: 1,217
Posted:
Just tell the manager the Board has business to discuss in private.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, as a "contract in formation, the compete Board has every right in CA to meet in executive session to conduct interviews with these firms.

Over the years I was on our board, retired 12/21, we conducted many, many such interviews for big projects. to hire a new HOA legal firm, to hire construction defect attorneys, and to hire various contractors for big projects.

A few months ago the current Board interviewed 3 MCs. As in the above examples, each firm came with 3 firm members, generally it'd be the CEO or COO, a financial person and, in our case a certified high rise specialist. Each interview takes about an hour with all directors contributing if they wish. Our Board already had met in ex. sess. to narrow the field to 3 firms as they received a lot of response to their RFP (Request for Proposals). They met again in ex. sess.to consider the pro & cons of each firm. In our HOA, contracts are approved in an open meeting so that's what happened with the reasons why they felt Firm A should be approved. They voted approval with a few contingencies and the contract was executed a few days later.

In a less complex HOA such as your LmT, probably th interviews wouldn't last as long and they wouldn't bring so many team members.

Noe that you need to disclose each ex sess. in the subsequent open meeting. See roundly Davis-stilring.ocm for many good tips on forming contracts that can apply anywhere in the USA.

Our new MC started on 2/1. So far, so good. I've only skimmed th 23pp contract (!!), but it seems OK.

DeanJ
Posts: 1,786
Posted:
When we recently interviewed companies the board got a list of communities they managed and I went an knocked on some doors and interviewed homeowners in those communities about what their experience and another board member called the presidents of those associations.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By DeanJ on 02/10/2024 10:00 PM
When we recently interviewed companies the board got a list of communities they managed and I went an knocked on some doors and interviewed homeowners in those communities about what their experience and another board member called the presidents of those associations.

Yes, I’ve already spoken with one HOA Board President regarding their changeover to a new company we are considering. It was very positive.
MarkM19 (Texas)
Posts: 1,459
Posted:
LmT,
This is one of the most important things a board member does during its term. I would highly recommend executive session with all board members if possible.

If I were you, I would note all the things that you hope to change with a new company. I would not throw that out during the interviews. Remember this process is very similar to a married person going to a singles bar complaining out their spouse. It is easy for them to say of course they do all the things you are asking for during this process. Let them tell you about the company and make great notes. I have always had my board (2 times) narrow the list down to the top 2 candidates. and then meet them again. At this meeting have them bring the actual manager who will be assigned to your property. This is very important because success hinges on how this person fits with your board.

This is not an easy process, and someone will ultimately have to do the transfer of knowledge. I always say that they need a great deal of help getting things on track and if left to learn on their own they will not be successful.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, Mark reminds me, our Board, too, has had prospects come back a second time with the candidate for an on-site engineer slot the we switched eng. vendors. It's a great idea for a PM. (The current Board kept the PM from the fired firm here)

Checking references is good too and I know some board members here contacted board members at HOAs that also use our new MC. In addition, our president spoke with our HOA attorney, who has other HOAs as clients that use our new MC, for his opinion on the MC.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By MarkM19 on 02/11/2024 6:05 AM
LmT,
This is one of the most important things a board member does during its term. I would highly recommend executive session with all board members if possible.

If I were you, I would note all the things that you hope to change with a new company. I would not throw that out during the interviews. Remember this process is very similar to a married person going to a singles bar complaining out their spouse. It is easy for them to say of course they do all the things you are asking for during this process. Let them tell you about the company and make great notes. I have always had my board (2 times) narrow the list down to the top 2 candidates. and then meet them again. At this meeting have them bring the actual manager who will be assigned to your property. This is very important because success hinges on how this person fits with your board.

This is not an easy process, and someone will ultimately have to do the transfer of knowledge. I always say that they need a great deal of help getting things on track and if left to learn on their own they will not be successful.

Thank you so much, Mark. This is great advice and I will present it to the other board members. We just had elections and we have two new members. I do believe that each member should be active in the choice of a new company as it's a big decision and should be given every careful consideration.

I will note your suggestions (and I may even steal your analogy 🤪).

Thank you.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By KerryL1 on 02/11/2024 9:57 AM
Oh, Mark reminds me, our Board, too, has had prospects come back a second time with the candidate for an on-site engineer slot the we switched eng. vendors. It's a great idea for a PM. (The current Board kept the PM from the fired firm here)

Checking references is good too and I know some board members here contacted board members at HOAs that also use our new MC. In addition, our president spoke with our HOA attorney, who has other HOAs as clients that use our new MC, for his opinion on the MC.

Thank you, KerryL1, more good advice. Of course, we are a much smaller community than yours but the essentials remain the same.
MarkM19 (Texas)
Posts: 1,459
Posted:
LmT,
It makes me very happy when people reuse my analogies. I also agree with Kerry that you should always check as many references as possible. I get used my PMC all the time as a reference. I told them the first time they asked if I could be a contact. I said of course but just know I will only tell the truth which means the good the bad and the ugly. I am very happy with them so I give mostly the good but if that ever changes my comments will as well.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
I scheduled 3 companies to give 15-20 minute presentations at an open board meeting and then the board voted on who they wanted to go with. I made a spreadsheet of costs comparisons between the 3. Honestly the other board members did zero research befroe the meeting. Not sure if they even read my emails.

why do you want to do executive session for this? Why not let HOA members see the process and how transparent it is?

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
Depending on the association, those meetings could take up a lot of time because homeowners would likely have questions of their own (as they should), so I can see this being done either way. I would start with the executive meeting and once I had one or two finalists in mind, I'd then have a special homeowner's meeting where they could ask questions and receive a summary of what each company offered. Hopefully, people will read it before the meeting.

In this case, it sounds like your board colleagues are just lazy - how can you make an informed decision about a management company or anything else if you don't read the materials prepared for you? Not sure why the homeowners haven't noticed this and considered if those folks should continue representing them to make decisions on their behalf, but perhaps they're ok with that. Hope that doesn't come back to bite them in the behind....

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posted:
Sheila,
My opinion about it being in executive session has a lot to do with who the PMC actually works for in this contract. I know in my community (1450 SFHs) only about 2% of the community has any interactions with the PMC and this usually comes when they have received a letter regarding a violation. Why would we invite them to come in and get them to complain? I doubt they would attend but why give them a chance? I would also say that only about 30% would even be able to name the company.

The board works with this company regularly and represents the community. We are elected to make good choices on the owners' behalf. If we choose a bad company, we can expect the blow back come election time. I would also like to mention that if you have ever googled or yelped PMCs you will see that it is rare for them to ever get positive feedback. The time spent by your board to interview managers should be taken very seriously and not be clouded by others that will only distract in my opinion.

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