OUr Preseident talks to the Management Company ALOT more than the rest of the board is previe to know about.

Started by NoelleC • 7 replies • 1122 views

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NoelleC (California)
Posts: 42

Posted:

Is there anything wrong with the Pres of our HOA who seems to have a personal connection with the management company.

I have been told that she goes to lunch with our manager, the manager of the office all the time. I also have seen her just pick up her cell and hit speed dial to call one of these ladies. The rest of the board does not have this kind of access.

My concern? I spoke to the manager regarding a confidential issues. I got an email later that day from the president referencing something ( that we all know about but concerned me the most) that I spoke to the manager about earlier that day! It may be coincident, but I sort of doubt it.

Our Pres, obviously conducts board business with our company outside of the meeting. How legal is this? I don't know. WHat I do know is that I have recieved emails and had conversations with the Pres that makes me think that she discusses our board business with them, without our knowlege... the example would be.

"Hey President Mary, do you think we might get some bid in time for our next meeting? ( this would require a yes or no answer)

"Yes, I spoke with Manager Sue who got several and they look pretty good in her opinion, she suggest we use Smith Builders.. I myself think she is right and should vote yes at the next meeting ( this indicates that she has had interactions and recieved opinions on agenda items.. )

This is very elementary I know but it is with alot of interations that I can see our President has interacted with our managers.. without our knowlege!

NoelleC (California)
Posts: 42

Posted:

Another item that I would like to mention is that if I call the manager's office. I will get a voicemail, and VERY RARELY get a return call, however, she has direct cell access. Is this ok?

RobertG (Arizona)
Posts: 505

Posted:

There is another side to this. How would you like to be a property manager and have multiple board members constantly calling me to tell me things, especially what to do. As much as it may be difficult to accept, it probably is better to have one focal point dealing with a vendor like the property manager. A past board at our HOA passed a motion to only allow the president to communicate with the property manager.

Having said that, there are limits and they should be clear as to what should be communicated.

Just out of curiosity, from all the posts you have put on recently, I am wondering why you are even on the board. Is there anyone on the board that you think is doing a good job? Have you discussed your concerns with those board members to get a better perspective of the situation?

NoelleC (California)
Posts: 42

Posted:

Actually yes, we have and honestly, I do think that the majority of us is doing a good job as you say. We have couple characters of uncertain intentions as mentioned previously. I posted this question as one of our fellow members was asking me why was it that the President had such previ to information and the rest of the board did not.

Saying that, this is the first HOA I have served and like to use this forum to find what is normal or not in some aspects. I apologize if seeing my name is an urk to you.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Noelle,
Sometimes we see things that really aren't what we see. Our P.M. deals mostly with our President as he is the main man or the go to guy for her. It is normal behavior for a President to spend more time with the P.M. unless all of the Board members have daily duties running the association or having to interact with the entire Board.

You are running yourself into a tired situation with all that you are worried about in your association. No Board is perfect. Step back and take a deep breath and decide which battles are worth spending your energy on. React positively with good input and positive information. Things will seem better when you are not questioning every move that everyone else is making. I have been where you are and it is better to step back and let go of some of your concerns.

NoelleC (California)
Posts: 42

Posted:

Donna, thank you so much. I appreciate your kind words. No doubt though this is still a good forum to use for reference or for others input as not all HOA's are alike that is for sure.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Noelle,
This is not an unusual situation.

The bottom line is, all decisions on action comes from the Board, so it doesn't matter how much they talk, the Board decides what it has the power to decide.

All the other is "office talk.'

MicheleD (Kentucky)
Posts: 4,491

Posted:

According to our bylaws, your President is not acting at all untoward regarding his/her role with the Management Company.

While we don't have a management company, our board president has traditionally been the point-of-contact with your attorney, until last year when he requested the board delegate that to someone else has his workload at his office was increasing. At that time, the board delegated the main point-of-contact for the attorney to the secretary.

"SECTION 5. President. The president shall be the principal executive officer of the Residents Association, and subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the Residents Association. He or she shall, when present, preside at all meetings of the members and of the Board of Directors. He or she may sign, with the Secretary or any other proper officer of the Residents Association thereunto authorized by the Board of Directors, contracts or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent of the Residents Association, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time."

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