LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
How do I um... nonchalantly request a copy of the contract between my HOA and the PMC??
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Request copy of contract
Started by LetA • 16 replies • 168 views
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How do I um... nonchalantly request a copy of the contract between my HOA and the PMC??
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Are you currently on the board? Although for records requests, any homeowner is entitled to see signed contracts, including the one with the PM. Is there some reason to think that this request will set off a bomb...? 
At any rate, I'd handle it like any other records request in your state. Put it the request in writing - probably snail mail, and return receipt requested if your state requires the HOA to respond within a particular time frame.
At any rate, I'd handle it like any other records request in your state. Put it the request in writing - probably snail mail, and return receipt requested if your state requires the HOA to respond within a particular time frame.
MichaelS56 (Minnesota)
Posts: 859
Posts: 859
Posted:
This request should automatically be filled. Every resident should have access to this contract.
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Quote:
Posted By LetA on 02/04/2025 8:05 PM
How do I um... nonchalantly request a copy of the contract between my HOA and the PMC??
How do I um... nonchalantly request a copy of the contract between my HOA and the PMC??
1.
Dear Board and HOA manager,
Please provide a time and place when I may review the contract between the HOA and PMC.
Thank you,
name
2.
If refused, you politely quote back to them NRS 116.31175 (1) and repeat your request.
3.
If this does not work, report back here the response.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
I just read the statute, we are a SFH HOA not a condo. The statute reads the executive board shall provide a copy.
I think I just found a way to be nonchalant.
If a board member receives a request from a homeowner, are we obligated to divulge that request to the PMC?
I think I just found a way to be nonchalant.
If a board member receives a request from a homeowner, are we obligated to divulge that request to the PMC?
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Quote:
Posted By LetA on 02/05/2025 7:48 AM
I just read the statute, we are a SFH HOA not a condo.
I just read the statute, we are a SFH HOA not a condo.
Quote:
Posted By LetA on 02/05/2025 7:48 AM
The statute reads the executive board shall provide a copy.
The statute reads the executive board shall provide a copy.
Quote:
Posted By LetA on 02/05/2025 7:48 AM
If a board member receives a request from a homeowner, are we obligated to divulge that request to the PMC?
If a board member receives a request from a homeowner, are we obligated to divulge that request to the PMC?
And yes, I am well aware that until you see the contract, you cannot say what the contract says about divulging requests to see the contract to the PMC.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
That would mean the executive board, at least one member would have to have possession of said contracts.
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Quote:
Posted By LetA on 02/05/2025 8:46 AM
That would mean the executive board, at least one member would have to have possession of said contracts.
That would mean the executive board, at least one member would have to have possession of said contracts.
It's possible no executive board member has possession of a digital or physical copy of the contract. It's possible the PMC is in charge of records and has it filed somewhere on their computer or in a file cabinet.
It sounds like you are anticipating a fight. In my experience managers tend to hate to have their contracts read by owners and even directors. Part of it is the fear that the contract will be distributed to a competitor. The competitor will then submit a bid that trumps everything in the manager's current contract.
You are in your rights. It's the enforcement that looks to be difficult.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By LetA on 02/05/2025 7:48 AM
I just read the statute, we are a SFH HOA not a condo. The statute reads the executive board shall provide a copy.
I think I just found a way to be nonchalant.
If a board member receives a request from a homeowner, are we obligated to divulge that request to the PMC?
I just read the statute, we are a SFH HOA not a condo. The statute reads the executive board shall provide a copy.
I think I just found a way to be nonchalant.
If a board member receives a request from a homeowner, are we obligated to divulge that request to the PMC?
This is a big gripe of mine as a board member. Owners who contact board members directly for simple requests bypassing the PM. One of your PM’s primary duties is to reduce the work load of your board.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What Cathy said. Why the cloak and dagger stuff? You're a homeowner and association member, so if your documents and/or state law say you're entitled to review certain Association documents, make your request. The property manager works for you, so he or she will learn of the request at some point - if there's an issue, the board should be able to address it.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I don't know why LeA repeatedly refuses to state he's a Board Member. Would save all the kind posters above some work & time.
Did you--as a Board member-- approve this contract when this PM/their company was hired? When was this person or company hired by your Association?
Is your PM onsite at all or must you go to their offices?
I'd write a simple request per the statute.
If from an Owner, I think you advise the owners to write a request giving them the statute verbiage so they do it correctly.. There's no need to intercede for the owner since it's their right to review the contract.
Why in the world do you think you'd need to inform the PM that Ms Jones wants a copY?????? (This is one, but not the only part where LetA typically does not answer.)
Did you--as a Board member-- approve this contract when this PM/their company was hired? When was this person or company hired by your Association?
Is your PM onsite at all or must you go to their offices?
I'd write a simple request per the statute.
If from an Owner, I think you advise the owners to write a request giving them the statute verbiage so they do it correctly.. There's no need to intercede for the owner since it's their right to review the contract.
Why in the world do you think you'd need to inform the PM that Ms Jones wants a copY?????? (This is one, but not the only part where LetA typically does not answer.)
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By KerryL1 on 02/05/2025 9:58 AM
I don't know why LeA repeatedly refuses to state he's a Board Member. Would save all the kind posters above some work & time.
Did you--as a Board member-- approve this contract when this PM/their company was hired? When was this person or company hired by your Association?
Is your PM onsite at all or must you go to their offices?
I'd write a simple request per the statute.
If from an Owner, I think you advise the owners to write a request giving them the statute verbiage so they do it correctly.. There's no need to intercede for the owner since it's their right to review the contract.
Why in the world do you think you'd need to inform the PM that Ms Jones wants a copY?????? (This is one, but not the only part where LetA typically does not answer.)
I don't know why LeA repeatedly refuses to state he's a Board Member. Would save all the kind posters above some work & time.
Did you--as a Board member-- approve this contract when this PM/their company was hired? When was this person or company hired by your Association?
Is your PM onsite at all or must you go to their offices?
I'd write a simple request per the statute.
If from an Owner, I think you advise the owners to write a request giving them the statute verbiage so they do it correctly.. There's no need to intercede for the owner since it's their right to review the contract.
Why in the world do you think you'd need to inform the PM that Ms Jones wants a copY?????? (This is one, but not the only part where LetA typically does not answer.)
Like I have said before, right now I feel like a rubber stamp. Have to go along with the PM. The PMC was chosen by the declartant many years ago
and nothing has changed since. The PM opens and closes the meetings, reads the financials, the agenda items, and slam bam thank you ma'am hasta lasagna don't
get any on ya.
The reason for the cloak and dagger is to not tip off the PM or the PMC, but I suppose asking for these documents would.
No the PM is not on site, going to the office is by appointment only
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
If nothing's changed, that's the fault of the board. The property manager works for the association, not the other way around, and you don't HAVE to go along with something you disagree with. Is the property manager also making motions and casting votes in your meetings? If so, what's wrong with all of you?
Your president should be presiding over the meetings, the treasurer should read the financials (I did when I was board treasurer) and the secretary should handle the minutes. As for the agenda, are you saying the property manager dictates that? The property manager might take the lead when the management report is discussed, but the board should be dictating the rest.
And I don't know what you mean by the slam bam stuff - if that's another way of saying this manager doesn't like to be questioned, what are you afraid of? By the way, if you're on the board, you should already have a copy of the association contract - how else can you tell when he or she oversteps?
Be an adult and ask for the bloody contract - you don't owe anyone an explanation as to why, but if you insist, simply state you want a copy to supplement other documents used by the board. Read it and your documents so you'll know what the board's supposed to do and how the manager helps make it happen.
Perhaps it's time for the board to have an executive session to review how things have gotten to this point and what you need to do to turn things around. It may be enough to switch managers if the company has several, or you'll have to consider if it's high time for a change and then do the work. There are several old conversations on changing management companies on this website to learn from.
Your president should be presiding over the meetings, the treasurer should read the financials (I did when I was board treasurer) and the secretary should handle the minutes. As for the agenda, are you saying the property manager dictates that? The property manager might take the lead when the management report is discussed, but the board should be dictating the rest.
And I don't know what you mean by the slam bam stuff - if that's another way of saying this manager doesn't like to be questioned, what are you afraid of? By the way, if you're on the board, you should already have a copy of the association contract - how else can you tell when he or she oversteps?
Be an adult and ask for the bloody contract - you don't owe anyone an explanation as to why, but if you insist, simply state you want a copy to supplement other documents used by the board. Read it and your documents so you'll know what the board's supposed to do and how the manager helps make it happen.
Perhaps it's time for the board to have an executive session to review how things have gotten to this point and what you need to do to turn things around. It may be enough to switch managers if the company has several, or you'll have to consider if it's high time for a change and then do the work. There are several old conversations on changing management companies on this website to learn from.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Many communities' bylaws allow the board to delegate duties, which often means allowing the PM to handle the day-to-day stuff. Some boards even give the manager the ability to make spending decisions up to a certain dollar without prior board approval. (Whether or not this is a good idea depends on the board, the PM, and the community's finances. I don't recommend it for everyone.)
The board cannot delegate their decision-making authority or the ability to sign contracts. But a lot of the other tasks are fair game. That doesn't mean the PM is running the show, although it can look like it to homeowners who aren't involved in any of the work.
The board cannot delegate their decision-making authority or the ability to sign contracts. But a lot of the other tasks are fair game. That doesn't mean the PM is running the show, although it can look like it to homeowners who aren't involved in any of the work.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
By the by, our previous PM ran our meetings - it's one of the services they offer. Like a lot of board members I hate running meetings, and I can't concentrate on the substance of the discussions if I try to do so. I'm just bad at both, which does no one any good.
Keeping a meeting to the agenda is a good thing. It's easy to go off topic or treat the meeting like a social event with the neighbors. Portfolio managers who handle a dozen or more communities haven't got the time to waste, and neither do a lot of board members. Squelching discussions, though, is not a good thing. I assume LetA knows the difference between cutting off discussions and cutting off the time-wasters.
I did note that the PM in LetA's community was the one hired by the developer. I can see why that manager may think that they know what they're doing and don't want quibbling or second-guessing by boards that may not have the same level of experience. It can be a good idea to look for a new manager once a community transitions to homeowner control. But doing so would mean losing a lot of corporate memory, and a community will pay a price for that.
Keeping a meeting to the agenda is a good thing. It's easy to go off topic or treat the meeting like a social event with the neighbors. Portfolio managers who handle a dozen or more communities haven't got the time to waste, and neither do a lot of board members. Squelching discussions, though, is not a good thing. I assume LetA knows the difference between cutting off discussions and cutting off the time-wasters.
I did note that the PM in LetA's community was the one hired by the developer. I can see why that manager may think that they know what they're doing and don't want quibbling or second-guessing by boards that may not have the same level of experience. It can be a good idea to look for a new manager once a community transitions to homeowner control. But doing so would mean losing a lot of corporate memory, and a community will pay a price for that.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
How old is your HOA,LetA?
How long have been on the Board LetA?
How long have been on the Board LetA?
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By KerryL1 on 02/07/2025 8:08 PM
How old is your HOA,LetA?
How long have been on the Board LetA?
How old is your HOA,LetA?
How long have been on the Board LetA?
Community broke ground in 2007, transferred from declarant control to owners in 2013, been on the board since 2017.
I mailed a letter to the PM the other day, with the weekend, they should receive it on Monday.
Over the years, even since going to HOA meetings when the community was under declarant control and the meeting when control was transferred to
the owners, I never heard a motion in an open meeting or an agenda item to extend the contract with the PM. I assume it automatically renews.
My guess Is once we see the contract, the next step would be to interview new PMCs and request bids.
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