Board and Management Co ignore CCRs

Started by DawnW7 • 2 replies • 136 views

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DawnW7 (South Carolina)
Posts: 14

Posted:

Board and PMC drafted new bylaws (original one was about 30 years old) and sent them to the community for review and approval. I reviewed them, had an attorney friend review my notes and then sent my review back. Suffice it to say there were more than several instances that went completely against the CCRs with one being that “Any agreement for professional management of the PUD, or any other contract providing for services of the developer, sponsor, or builder, may not exceed three (3) years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days or less written notice.” The current PMC has been managing our community for at least the last five years. The next thing we heard was that the bylaws were approved and recorded at the RMC.

Where does one turn to since the board and PMC ignore all complaints? And the HOAs attorneys are the ones who recorded the new bylaws so that would be no help.

SheliaH (Indiana)
Posts: 6,964

Posted:

The CCRs dictate how the common areas are used, and the bylaws dictate how the community itself is to be run, so you might have the terms confused. This section addresses what should be included in the property management company contract, which doesn't have anything to do with CCRs. The company might assist in enforcing CCRs, such as sending out violation notices, but ultimately that's a board function.

If these are new amendments, they will take effect with a new contract. When was the contract with the current company signed? If it was done while the amendments were being reviewed, you may have been in the middle of the contract period and so this shoukd kick in when the contract is close to expiration - assuming you go with the same company.

You also said the amendments were sent to all homeowners for review and approval- apparently you were outvoted- did you ask about the final tally? If not, why not?

Finally, complaints about the property manager may or may not be related to the documents. The property manager works at the board's direction, so you should be addressing your issues with them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

I suspect that the section you cited was for when the developer turned things over to the homeowners and would not be enforceable against a homeowner controlled association.

Without reading the entire section, all I have is a suspicion.

Dawn, if you care to share, my email is: [email protected]

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