Property Manage also Property Owner-long post

I hope I can get the wording and the understanding of this right....Since last Oct.07, a HO in our community has been our PM....This woman was never seen or heard from until the meeting prior to the meeting before becoming PM. In all the time since 2006 when the HOA was turned over to the HO's, there were many things that needed addressing. Weeds 3' high around the edge of our pond, fountain(s) broken, one removed and the other stayed broke for a year, lawn never taken care of properly, never weeded, fertilzed, watered off and on because most of the sprinklers were broken, trees never pruned (only by HO's) changed landscapers six times in two years, delinquent accounts never addressed and therefore kept growing (14 now), shrubs pulled up, never to be replaced, shingles needed replacing from hurricane two years prior, transferred money from Reserves to checking, Reserves not funded for a year, in other words the place has gone to hxxx in a hand basket....All this time this HO/PM had never said a word, never attended a meeting until she volunteered for a Board position two months before she became PM.

Her company has had our HOA since Oct.15/07....She was hired by the President and her clan (treasurer voted NO). This MC charges us nearly double what we were paying and I for one see no difference except the money. Delinquent accounts still have not been addressed, no late fee, no interest added, even after being told by myself and the treasurer the process used. She still has not placed any funds in the Reserves even though it is clearly in our budget. When these things are mentioned,we only get, "we are Professionaly trained PM's and don't need to be told our job by HO's..I have been called many names as has the resigned treasurer.

My question is if she is a Professional PM than why haven't these problems been addressed? Why am I being called names because I keep bring these problems up?...It appears she didn't care before and doesn't care now. Isn't her job to advice the Board if they are doing things wrong? Our association had no money to pay this new MC, we couldn't even afford the one we had....I even ask her why she took our association on, since surely she had looked at our finances and must have seen the needed money from the Reserves to meet our expenses (why would our President place us in this mess?). I received no reply.

Myself and a few HO's believe this is a conflict of interest...she does not care about the community or the HO's, having seen all these wrongs that had been done. Knowing darn well the dues will need to be increased just to meet her fee. The HO's can not afford any more ($818. no amenties)a small lake w/pier, a tiny park w/gazabo,lawn care, MC, electric (77 TH units)....I truly believe her only concern from the beginning was getting that contract, reguardless of the harm to the HO's. Her TH is an investment, all expenses can be written off...HO's can't do this...I know that when we run out of money and the increase and special assessment is put in motion, there will more than 14 delinquent account...These are not up scale TH's and the HO's that "live" there are on a limited income.

So again, would you call this a conflict of interest? Is there anyway to get out from under this mess....The HO's have ask for my help but I can't help them unless they help themselves...NO ONE will run for the Board.

SidneyP: My first reaction to your problem is YES there is a conflict of interest! I hope she is licensed as a PM if not you got her! Florida has very strick laws on HOA. Where is the board while all this is going on? The majority of the board must vote on who will be the MC. Then the MC must take direction from the board. Look to your docs to see just what is required to vote out the MC. I'm sure its a majority vote. Even if she is on the board she can be voted off. I would also watch the money very close, if she is overcharging ,what else is she doing? Get some of your friends that have the same concerns as you and all run for the board. Dump the MC and let the board run the place... Take the bull by the horns and fight back!
TomK2

Sydney,

I'm confused as to whether or not the prop. mgr. is a board member. If she is then there may be a conflict of interest. It depends upon what your docs or state law says about it.

All the other issues you state regarding the landscaping, delinquencies, etc. You want to put the blame for all of this on the prop. mgr; however, she takes her orders from the BOD. Perhaps it is her resp. to advise the board but it's not her job to run the assn w/o the approval of the BOD. I've known of assn's that had wonderful prop. mgrs. but the place was a wreck simply because the board would not take the advice of the prop. mgr. Same thing applies to assn attorneys. If the board doesn't take the sound advice given, you can't blame the prop. mgr. or the attorney. On the other hand, yes, there are a lot of lousy prop. mgrs. and perhaps yours falls into this category. But, again, the blame basically lies with the board. If you're not on the board then you really don't know the whole story.

TomK...I am sorry to say, that the Board is the problem, they (4 out of 5) voted her MC in. She did resign from the Board after she got the HOA contract (which I'm sure this is what she was after in the first place). Tom, the President saw the contract and I assume "read" it before signing....In my originial post, I listed some of the many things this Board has done against the CC&R's and SS. This MC did take over some of the problems but has let them continue since her take over....

AS a HO, shouldn't she be fighting for the same things myself and other HO's are. Like money being taken from the Reserves for operating expenses, not fund the Reserves for a year, not continueing adding late fees and interest to delinquent accounts. Our delinquent accounts are growing w/each semi assessment invoiced. Why! well why not, nothing is done to them...We even had the President and secretary(she paid up at the March meeting that had been due in Jan./no interest charged to her) late on their dues...As I have stated in other post, some HO's have been charged interest(by previous MC)If HO's aren't assessed equally, can we not be sued?

As a PM, shouldn't she know the CC&R's and SS. Isn't it her job to advise the Board that what they have done/are doing is wrong and for her MC to follow those CC&R's and SS. Does this money from the contract mean more than the community?...I still do feel it is a conflict of interest but I stand to be corrected.

Not so easy to dump the MC, our great President also signed a 3 year contract w/a three (3) month cancelation payout..The HO's don't have that kind of money.

SedneyP: As I said before Florida has very strick laws on reserves and how they are to be spent. Also, someone had to make a motion to except the contract and it must have passed or he should not have signed the contract. If the motion was not passed then the contract MAY not be binding! Sedney, I would check with an HOA near you and see if they can tell you what the Florida laws are about spending reserves for operating expense. That is really a no no! Yes you can be sued for showing favoritism, not enforcing the bylaws equally. If someone complaines you are going to have a big problem. There is a Florida lawyer that writes a column for the newspaper regarding HOAs and he takes questions and responds, check with the library....>>>> dig in and don't let it slide by!!! TomK2

Sidney,
Ya gotta know that I would know about this guy. His name is Richard White and he writes questions and answers for association living for Saturday or Sunday newspapers. Just Google his name as columnist on condo living. Below is a new article. HE DOES RESEARCH BUT IS NOT A LAWYER SO NOT EVERY WORD SHOULD BE TAKEN TO THE BANK.

For Condo Maintenance, Democracy Deals in Delays
By Richard White
Write an email to Richard WhiteRichard White
Condominium Columnist

Q Our condominium has a reserve category for decorating, and there was a committee that was charged to look at updating the common areas. The building is 25 years old, and much of the common areas are in need of updating. The committee recommended improvements to the estimate of approximately $79,000, which was approved by the board. Then everything broke loose among the homeowners. As usual, there are many opinions about what to do, or not to do. Many of the owners want to have a vote to decide if the work is necessary. The board's opinion is that this falls under their responsibility to maintain the common areas. They do not feel a vote by the owners is necessary to approve the improvements. Our condominium documents do not say there is a need to vote, and our lawyer says that the board is within its rights and responsibilities to move forward. The board has decided to have more discussions is necessary to allow the owners to address their feelings. In the meantime, nothing is being done. Bottom line, how do we convince our homeowners that it is not in anyone's long-term interest to set a precedent to start voting on maintenance items?

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A. I can only support your lawyer's opinion by saying that the statutes require the board to maintain the common areas. In fact, it is a fiduciary duty to retain the common areas in the same condition as new. Many owners will not like the color or décor. That is a fact of human nature. Try to hold an informational meeting to display the colors, textures, and designs to inform the members. You can even set up a table or stands in the lobby with photographs, sample cloth or flooring, and colors for the members to see. The meeting or display is not for discussion, but to inform the members. You can have a comment sheet or cards for the members to fill out with their suggestions, but any comment must be in writing..

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