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SallyH3 (Colorado)
Posts: 4
Posted:
I'm on the Board of the HOA.

Our small management company was bought out by a large nationwide firm, which hasn't gone well. We were still managing to get things done, even though the responses became slower and more cumbersome. One of the main issues was paying our bills. We are a sub HOA and we pay $18K per month to the Master. The new company was so late in paying these bills that the Master HOA went to collections to get the back dues from us. This issue has gone on for months, and still is not resolved. The new MC should pay the late fees and penalties, but it's been crickets.

The new Management Co. also wasn't properly moving money into the operating fund for our town homes (we have both towns and single fams) which almost caused us to lose our town home insurance, because that bill wasn't paid either. At one point, due to this mismanagement, our TH op fund was almost 0.

Then, our Manager, who was part of our old management company, and the only one who was holding it all together (or trying to) resigned. Now, we have NO manager, the Management company put one of their "directors" in charge, until allegedly they can find someone to hire to fulfill the roll of Manager for our community. It's chaos.

No invoices have been uploaded for approval. We have vendors who are not getting paid, because of this. The vendors are so frustrated they have been sending the invoices directly to the Board members, who then send it to Management, who is supposed to upload it and pay it upon our approval, but they have not done this. They IGNORE emails instructing them to do this.

The "director" who is supposed to be our "contact" does not return calls, and email responses have been over 48 hours, if at all, and then she still gets it wrong. Example: our Board rejected a bid for concrete shaving, and told Management to send it back to the vendor for correction. Instead of following our direction, she told the Vendor to go ahead and do the project, and the price we rejected.

We have regularly scheduled Meetings, and she completely blew off her duties to the Board by (1) ignoring that we were scheduled, (2) not notifying Homeowners that there was a meeting, (3) not reaching out to the Board to determine what we wanted on the Agenda.

We are not in a position to fire them, it's really messy and difficult to replace a MC, especially now, when we (the Board) is in the middle of some very large projects: Play area repairs, major landscaping, and we also have CD's that we would have to break (I think?) if we fired them.

So, other than firing them on the spot, what can be done to make this MC perform, what is in our contract (which I think they must adhere to, even though they took over from the original MC) and force them to hire an actual Manager for our large community?

As a Board, we are furious, but one member keeps saying "let's give them time to get it together" However, it's been a clown car show since they took over 7 months ago, and now that our old Manager is gone, it's made it actually impossible for the Board to do their job.

JackieB4 (California)
Posts: 398
Posted:
Sally, I need some Advil just reading the SNAFU your community is experiencing. I can't believe I am using the word "lawyer" but it is what it is. AND, as in all professions, some are more experienced than others so ask, screen, hire wisely.
DeanJ
Posts: 1,786
Posted:
Ever heard of getting a new management company and firing the correct one for cause.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Need to understand the relationship with an MC. They are a hired contractor to the HOA. They are paid by the HOA to handle the business side of things. Are you still developer owned?

I would invest time and energy in finding a new PM. Plus seeing what can do to become self managed more of possible.

The PM works for the HOA. Let them know that...

Former HOA President
TamaraG7 (Florida)
Posts: 35
Posted:
Quote:
Posted By SallyH3 on 05/28/2024 6:25 AM
I'm on the Board of the HOA.

Our small management company was bought out by a large nationwide firm, which hasn't gone well. We were still managing to get things done, even though the responses became slower and more cumbersome. One of the main issues was paying our bills. We are a sub HOA and we pay $18K per month to the Master. The new company was so late in paying these bills that the Master HOA went to collections to get the back dues from us. This issue has gone on for months, and still is not resolved. The new MC should pay the late fees and penalties, but it's been crickets.

The new Management Co. also wasn't properly moving money into the operating fund for our town homes (we have both towns and single fams) which almost caused us to lose our town home insurance, because that bill wasn't paid either. At one point, due to this mismanagement, our TH op fund was almost 0.

Then, our Manager, who was part of our old management company, and the only one who was holding it all together (or trying to) resigned. Now, we have NO manager, the Management company put one of their "directors" in charge, until allegedly they can find someone to hire to fulfill the roll of Manager for our community. It's chaos.

No invoices have been uploaded for approval. We have vendors who are not getting paid, because of this. The vendors are so frustrated they have been sending the invoices directly to the Board members, who then send it to Management, who is supposed to upload it and pay it upon our approval, but they have not done this. They IGNORE emails instructing them to do this.

The "director" who is supposed to be our "contact" does not return calls, and email responses have been over 48 hours, if at all, and then she still gets it wrong. Example: our Board rejected a bid for concrete shaving, and told Management to send it back to the vendor for correction. Instead of following our direction, she told the Vendor to go ahead and do the project, and the price we rejected.

We have regularly scheduled Meetings, and she completely blew off her duties to the Board by (1) ignoring that we were scheduled, (2) not notifying Homeowners that there was a meeting, (3) not reaching out to the Board to determine what we wanted on the Agenda.

We are not in a position to fire them, it's really messy and difficult to replace a MC, especially now, when we (the Board) is in the middle of some very large projects: Play area repairs, major landscaping, and we also have CD's that we would have to break (I think?) if we fired them.

So, other than firing them on the spot, what can be done to make this MC perform, what is in our contract (which I think they must adhere to, even though they took over from the original MC) and force them to hire an actual Manager for our large community?

As a Board, we are furious, but one member keeps saying "let's give them time to get it together" However, it's been a clown car show since they took over 7 months ago, and now that our old Manager is gone, it's made it actually impossible for the Board to do their job.

The Board can fire the management company, usually with a 30 day notice - check your contract. Your manager quit most likely to save her reputation with her vendors. Without knowing the actual name of the management company that bought out your previous one, I can guess who it is. Don't worry about projects; associations are always involved in projects - get your association attorney involved immediately.


TamaraG7 (Florida)
Posts: 35
Posted:
The Board can fire the management company, usually with a 30 day notice - check your contract. Your manager quit most likely to save her reputation with her vendors. Without knowing the actual name of the management company that bought out your previous one, I can guess who it is. Don't worry about projects; associations are always involved in projects - get your association attorney involved immediately.
KerryL1 (California)
Posts: 14,550
Posted:
What a nightmare, SallyH. say, what size is your HOA?

A "national" firm is also our MC as of 2/1/24. They, too, kept our PM, who'd been here several months. The MCs seems to be doing OK with notifications to Owners, board meetings. Tho' no longer on the Board since 11/21, I stay active with projects that the Board assign to me--if I like the assignment.

One reason the Board dump our previous MC of many years was its poor training of increasingly inept PMs & mgr. assists. (both full-time on site).. Sadly, the new firm is doing a bad job too. In addition, our website is a mess. All Gov. docs, forms, board meeting agendas, board meeting minutes, newsletters are on one non-alphabetized list!!

Anyway, sorry to whine. I'd say your Board needs to call an executive session meeting with the top dogs of your MC and hold their feet to the fire. ASAP.

Have an organized list of all of the shortcomings that you can confirm in your contract with them. Discuss each. Ask what there solution is. Perhaps even talk about forming a new contract to cover mattes that you want them to do. 7 monihs??? Tooooo long to let this sloppiness continue, and the MC is even entering contracts without Board approval? GoodGawd. Your Board might find itself liable for the MC's errors.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think the board should be doing two things: documenting and addressing the issues with the current company/manager AND looking for a replacement.

As others have said, many contracts allow either party to terminate it after a certain amount of time (often a month or two). I wouldn't waste time on trying to fire them for cause. They'll just tie you up in legal wrangling - they'll have to in order to protect what reputation they have. Then they'll they run out the contract and dump you. Nothing resolved, money spent, and you still need to find a replacement. And you'll have a reputation as a community that's willing to sue their manager. That won't entice other companies to work with you - at best they'll charge you a "nuisance tax" to compensate for the risk of things going sideways again.

I think it's always a good idea to keep your eye out for replacement vendors even if you're happy right now with the ones you've got. As you've discovered, things can go downhill fast. And even competent vendors can get complacent if they don't think they have to compete for your business. Unfortunately this situation is not unusual, so having a plan to address it.

Always take the long view, is what I'm saying.

(My community had a management company that we could have fired for cause - we had the documentation in black and white. Instead we brought the irregularities to their attention, announced that we were not happy, and negotiated some compensation. Then *we* ran out the contract and dumped them. The board was interviewing other companies and checking references while all this was going on.)
MarshallT (New York)
Posts: 414
Posted:
I highly doubt anything will change, and your association has already paid too much for the company's mistakes. I think you will need legal assistance in this situation, and it's probably best to let this company go. Consult with an attorney first to see what steps your board can take.
LetA (Nevada)
Posts: 2,679
Posted:
In the end, the elected board members are the ones left holding the bag. If you are a board member, take the bull by the horns, twist
his head and take him DOWN.

You and your fellow board members need to go to the bank, have the PMC removed from bank signature file, contact your vendors, utilities, all your
financial obligations and have the mail redirected to a PO Box or BOD's address. Take the lead. In the meantime publish an agenda with the meeting
time and location. put out bids for a new PMC and yes, hire a lawyer and send the PMC their walking papers and demand all records be returned
within 30 days.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sally

You are on the BOD and if others feel as you do, then discuss firing the MC and getting a new MC.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
We fired our Mgt company for similar reasons. Inept manager was fired after 2 months, replaced by another inept one.
Luckily I complained to BBB and got them to terminate the contract a few months earlier.

mistake #1 you have no control over your money. Let me guess the mgt company doens't let board members be signatories on your own bank account.
#2 contract also probably states 3 months notification before termination?
#3 contract also says you get to pay the entire year's worth of services if ended too soon?

Mgt companies contract are typically one sided, fire them and hire a full time person if needed. take control of your bank accounts.

And yes CD's will be a mess. we are waiting 2 months for $70K in CDs to be transferred to us, and just called the bank today and she was clueless about the situation. one bank employee says they will waive the early cd withdrawl pentalty, other employee in different dept says no way.


vis ta vie
ArtB1 (Florida)
Posts: 97
Posted:
I suspect I know who the national firm is. Same happened to us and after 2 months we fired them.

Still paying the price for all the confusion that occured.

I see this National firm advertise on FaceBook almost every week and just want to shout to stay away.

Fire them immediately, hire a new one then request in writing a refund of the management fees for the months they did nothing.

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