manager and ccrs

Started by JC3 • 10 replies • 1161 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JC3
Posts: 290

Posted:

During our transferring process, only one of many candidates has requested our ccrs, none of the others have. What does that one want them for, what info is there that he would want them, but the others haven't asked or feel they need them for? Should we give them to that one company, since only he has asked?

DonnaS (Tennessee)
Posts: 5,671

Posted:

JC3,
This is also too vague for us to know what you mean. Does not every member of your association have copies of your CC&Rs? What do you mean by "Should we give them to that one company, since only he has asked?" Is this an outside company? Who is the candidate that you referred to?

JC3
Posts: 290

Posted:

We are changing management companies. Sorry-I think I'm being clear, obviously not.
We have a few companies submitting bids. The candidate is a company making a bid that has requested to see our ccrs. One board member says okay, I say no, as does our present mc, as there is no need for them to.

CharlieP2 (Utah)
Posts: 15

Posted:

CC&R's are the governing documents of your HOA. The fact that only one management company has requested tells me that those others that are bidding need get their acts together!

If the management company wants to understand how to better work within your HOA by going through the CC&R, that should be viewed as a STRENGTH!

DonnaS (Tennessee)
Posts: 5,671

Posted:

JC3,
I would feel much more confident in a management company that wanted to see our CC&Rs than other companies who just are taking them for granted. It is those CC&Rs that they will be operating from and to know what will be the associations operating procedures speaks well of that company. My Management company has their own paper copy plus a copy on their computers. These are not secret documents and they have had to print new copies for new owners when sellers have failed to turn over the original copies.

RogerB (Colorado)
Posts: 5,067

Posted:

JC3, we would not need to see your CC&Rs to make a bid. However, we would need to see all controlling documents while negotiating the management Agreement. Having said that, if we requested the CC&Rs and the Board would not provide them we would not provide a bid. Nothing wrong with providing all info requested by either party IMO.

JC3
Posts: 290

Posted:

Quote:

Posted By RogerB on 04/11/2008 6:31 PM
JC3, we would not need to see your CC&Rs to make a bid. However, we would need to see all controlling documents while negotiating the management Agreement. Having said that, if we requested the CC&Rs and the Board would not provide them we would not provide a bid. Nothing wrong with providing all info requested by either party IMO.

Why? What do you understand from them? What is it you look for in them?
Not being arguementative, just trying to understand.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By JC3 on 04/11/2008 7:12 PM

Why? What do you understand from them? What is it you look for in them?
Not being arguementative, just trying to understand.

We would know what needs to be discussed regarding updating the controlling documents. If the documents are not current and the Board does not want to update this would be a warning sign.

SusanW1 (Michigan)
Posts: 5,202

Posted:

If I were a management company, I would want to see the CCRs. I would study them, then drive around the complex to see how well they have been upheld.

This would give me an idea of how easy or difficult it would be and what has to be done when working with the Board and members to be compliant to the rules and regulations.

It is always more difficult to try to fix something, than to start from the beginning. Some complexes and Boards are in such disarray that it's not worth trying to work with them. This MC is just being smart.

MaryA1 (Arizona)
Posts: 7,043

Posted:

JC,

I agree with everyone's responses. Viewing these docs would give a potential manager a better understanding of how the assn is set up. Also, the board shouldn't treat your CCRs as though they are priviledged documents. Aren't they required to be recorded? In AZ they are required to be recorded with the Co. Recorder, thus making them public knowledge. Anyone can view them on the Recorder's website or obtain a copy from the Recorder's office.

DonnaS (Tennessee)
Posts: 5,671

Posted:

JC3,

How does a management company know if the CC&Rs from an association is something that they want to work with? If you read many of the posts here, we have seen some documents that are utterly useless and difficult at the least. If I were a P.M, I surely would like to know what the heck I was bidding on before I got too involved with an obligation to a HOA. These, as Mary and I have both said, are NOT secret or priveledged documents so why are you warey of letting a M.C. look at them? I can look at your Docs on the internet.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here