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TammyO3 (Texas)
Posts: 46
Posted:
Curious as how other HOA's experience rates with their MC if they use one

*Our manager actually has said "exactly what am I suppose to do about this?" to a resident about noise

*Our young girl manager actually has enquired as to "why" something the board has voted on be done.

* A homeowner had her car damaged from a vendor who was working in the sub terrain garage and when they brought this to the manager as a first step to resolve.. the entire board got an email from her saying "it looks like a grocery cart did this !" I don't think she had that damage done in the garage! ( the mark was actually on the door just below where the window comes out.. way too high for a cart.

None the less, you get the idea. How do you handle complaints of customer service with a Management Company who is "friends" with the Board President, and doesnt' return calls?

I actually called the MC once with a concern and when I called I gave my real name. I was told after being on hold for ever that my manager was gone for the day. I hung up and had my spouse call giving the first saying he was "jim" our president and needed to talk to our manager.. guess who came to the phone immediately? She was called on it, but had a lame excuse.

We have forgotten that we hire these people to work for US! They are not treating us like that though.. Ideas? SHort of firing them?
HaroldS (Arizona)
Posts: 906
Posted:
Why short of firing them? I don't understand - is the president friends with the management company or with the rep? At the very least you should request another rep be assigned to your HOA. Why is the rest of the board allowing this "friendship" to prevent getting what you are paying for? Your president could be guilty of dereliction of fiduciary duty - and the rest of the board too if they allow this to continue. The management company expense is often one of the largest expenses an HOA has.
Don't know about CA, but Arizona has no licensing or oversight of training or background for HOA management companies or their employees. Sounds like your current rep needs some extensive training - or is so confident of her position with your president that she doesn't care.
You are right: They work for you. Keep requesting another rep until you find one that satisfied and works for you.
BradP (Kansas)
Posts: 2,640
Posted:
Tammy:

Sounds like the rest of the board needs to step up to the plate and do their job. The president does not posses the power to unilaterally decide on an MC...The board has the ability to ask the MC to improve their service and if they don't then decide to use the termination clause in their contract and fine a new MC.
GlenL (Ohio)
Posts: 5,491
Posted:
Tammy I'm not so sure the actions you've cited are that egregious. What was she supposed to do about the noise complaint other than refer the H/O to the BOD? Without knowing exactly what board vote she questioned it could make either her or the BOD look dumb. A mark under the window of a sports car could be done by a shopping cart, on an SUV it could still have been done by the handle of a cart.

As far as not taking your call, maybe she just didn't want to talk to you. There is generally a chain of command for dealing with the MC and the BOD will designate one or two people. Otherwise you could have every board member calling up with different directives. I'm friends with the MC's agents and occasionally go out to lunch with them; this does not make them or me bad nor mean we have some nefarious scheme for HOA domination!

Studies show that 5 out of 4 people have problems with fractions
TammyO3 (Texas)
Posts: 46
Posted:
Glen Kudos for you for being friend;y with your mc.

The car incidnet.. I guess I should of submitted a picture for reference. This is a BMW SUV and unless someone lifted up a cart and moved it up an down on the "TRUCK" that mark could not be made. Guess what? that mark is 48 inches above the ground.. so there goes that theory eh?

*the noise complaint specifically was due to the AC being left on in the club house after each HOA mtg. The "renters" who live next door t the club house come home usually late at night and after each meeting.. 90% of the time AC unit is left on, can be heard throughout thier unit. Complaints have been called in, but the manager is the one who said. EXACTLY WHAT DO YOU WANT ME TO DO ABOUT? How about repair the damn thing? Have the last person out turn off the ac ect. The comment is not needed.

Befriending a hired vendor is not good business practice on any level., and .. sorry if you feel different and practice this.

RogerB (Colorado)
Posts: 5,067
Posted:
Tammy, from the info you provided it appears you have an inexperienced and incompetent community manager. questioning the Board as to "why" on a certain vote would be reasonable for an experienced manager. I often do this to keep the Board out of trouble when they are not familiar with a rule or law they would be violating.

I would first bring this to the attention of the Board and get a motion approved to contact the owner of the management company, advise them of the complaint, and request a new and qualified community manager be assigned. If the new community manager is not satisfactory then start the process for getting a new management company.
SidneyP (Florida)
Posts: 302
Posted:
This is part of a e-mail I sent requesting files

7) a copy of the minutes from the Annual meeting March 31st. I want to make sure that my statements and questions to Lisa are included and her answers....Why money was taken from the Reserve account when it is clearly against SS-720.303?....Why the Reserve funds were reduced from $902.42 to $750. w/o a member(s) vote as stated in the SS 720.303?...Why the Reserves were NOT funded since April of 2007?....

8) Should also be in the minutes- Why NO interest has been placed on delinquent accounts. The excuse that the MC didn't know what interest to use isn't good enough because this interest has been charged since Etheridge and is also stated in the SS-720...This was also discussed at the meeting prior to this last one. As I stated at the meeting, the Association could easily be sued because some HO's were charged and others were NOT. I would most certainly think a MC would know this and I thought the MC was also there to advise the BOD's in the correct way to address the CC&R's and SS-720. Just because the Board/MC feel they are covered by insurance, they very well may NOT be if things are done knowingly and willingly.

These statements came from the MC to me. Perhaps, I souldn't have used the caps for certain words but after two years, I thought myself and the HO's deserved an answer. I am called these names because I have been asking the Board for two years why they had taken the Reserve money to pay our expenses, why no funds have been placed in the Reserve account since Apr/07 and why they had not imposed interest or done any aggressive collection of the Associations overwhelming delinquent accounts (14 HO's/$14,567. total delinquent fees owed). Why HO's were not made aware of any of this, when it states in the SS that HO's must vote on activity dealing w/the Reserves. Because I want an answers to these questions, I am made out to be the bad guy and am called these names.....Why would I be accsatory and combative, when everything I have ever stated is true.....I even had a meeting w/the PM & Bookkeeper about these things(2months ago). And because I have stated that the Association could very well be sued because of some HO's being charged (and collected) interest and other HO's not.....I am acused of "bully tastics"....This new MC that is so Professional and charges almost double the other 2 MC's we had was going to fix all the wrongs as they so called the other inadequate MC's we had. The new MC have been in charge since Oct/07 and there has been no changes. other then a large increase in MC fee......May I add, that the treasurer(now resigned-because she had ask questions, she had been excluded from Board activity, the President met w/the MC and worked out the Budget. This was the Treasure's duty.) was sent almost exactly the same e-mails from the MC and Board...why! because she was asking the exact same questions. All of the remaining Board members were appointed by the President and follow her lead on everything....Unfortunately all remain on the Board because no one would run for a position.

MC to me-
"I have no comprehension of what makes you so accusatory, combative and down right nasty at times."
"I do not understand why you are so antagonistic and hostile toward the Board and Aquatics staff to include me(PM) and Sandy(bookkeeper). This type of bully tactics may cause us to consider resigning"
___________________________________________________________________________________________

This (below) came from the Board President to me, giving me a slap on the hands....
What else would you call the things that have been done by the Board to the association and it's HO's/members. The HO's have been treated as if they don't exist and that their input or vote is not needed for anything. That the CC&R's/SS can can be ignored w/no accountibility and that if HO'd disagree, they receive all the name calling mentioned. The President is right , the association members do not own the Board but the members do have the right to expect the Board to follow the CC&R's and SS's.....This Board should realize, they don't own the Association or it's members either.

"Accusations of impropriety and illegal actions are completely uncalled for ".... "Again, this is a business. The Association members do not own the Board "
RogerB (Colorado)
Posts: 5,067
Posted:
Sidney, based on your post it appears to me that it is time to take an unbiased look at yourself. When anyone, and most particularly when more than one person, makes comments like you posted then your demeanor appears to be irritating to others. Don't be a right fighter; your approach is not getting the results you would like.
SidneyP (Florida)
Posts: 302
Posted:
Roger, I suppose in one aspect you are right, at the end I have been very out spoken and demanding for answers (I think it's about time HO's got the truth about the condition of our community and it's finances) The Association is starting a new year on the same wrong foot....but I tried the honey & sugar approach and that didn't work. It has been over two years that I have ask for answers to these questions and more. I am a HO and I certainly deserve an answer as well as all other HO's....This Board has done nothing right but HO's don't know, because they have never been told anything and as we all know from the post, HO apathy is the norm, if they never hear anything and things seem to be going well, HO's think everything is alright.....Speaking from a HO's point of view, if you saw your community going down the tubes, I'm sure you would feel the same way as I do....Our community is in the same destress as most communities at the time. Because of so many foreclosures, delinquenties, the association cannot meet our expenses...taking from Reserves, not funding the Reserves (which will certainly hurt HO's some time down the road), and then the Board hiring a MC that charges nearly twice what we were paying (where did they think the money was coming from?) This is a time for HOA Boards to be looking for ways to to cut back, not increase expenses....Myself and the HO's just simply cannot carry the load for all the delinquents/14(believe me there will be more come July when fees are due again)and get a increase in dues to pay this new MC also. There is a limit HO's can go.

I have never called anyone a name but there comes a time when the HO's deserve an answer. 73 other HO's make up this Association, not the 4 BM's (as stated above the fifth resigned because she had chosen not to go along w/the things the Board was doing....Am, I not right about the possibility of the Association being sued for having charged some HO's interst and not others (two of the not's were the Pres. & secretary)..Don't I have the right to speak out against this? After all, I am also one of the HO's that would have to pay for this law suit. I can't see where telling the Board & MC that we may be sued, is a bully tactic...

Both the Board (President, the other 3 follow her lead) and MC don't like to be told they have done anything wrong, they are the ones who go on the defenive. When I received a copy it had been filed a week late. I We lost a very good treasurer because of this. Someone needs to look out for the community & the Board. There should always be checks and balances.
JaneK (California)
Posts: 175
Posted:
I have to comment on this one. My experiences with our current management company have been similar to Tammy’s and Sidney’s.

Our current rep is incredibly rude. I feel that the board of directors should be dealing with this and they aren’t. Either they may be uncertain of how to deal with the matter or are forgetting who works for who. I consider making faces while a homeowner speaks and criticizing and belittling HOs is unprofessional and rude. The rep has also been very rude responding to emails and the board doesn’t receive all the communications sent by homeowners to the board thru the management company. I thought it was just me, but when you start hearing these stories from all your neighbors you realize something should be done. Definitely an “attitude.”

The last rep convinced the board to hire a particular maintenance company, shortly after the rep went to work for this company. Very shortly. Before that there was an incident where homeowners were pressured to use a particular contractor. The letter the board had requested, get three bids and check licenses, etc., wasn’t what was management sent. The letter just said you need to do this work, use company X for the group discount. Huh? That was the first time I’d heard about a ‘group discount.’ It got worse. When most of the work was completed, a letter was sent stating that company X will inspect the work of other contractors and if they found it deficient they were authorized to repair it and charge the HO, no indication of “due process” in the letter. I wrote a few letters on that and they backed off, but something was sure fishy………

I think we’re ready for either a new management company or self-management.
Jane
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Tammy & Jane -

We HAD (past tense) one until we put in a new, active Board and a few months later dumped them in favor of self-management. See my thread HOA: Good News For A Change (down on the 4th or 5th page below) for more info.
JaneK (California)
Posts: 175
Posted:
I saw it. That's why I'm thinking self-management is feasible.
Thanks
Jane
RogerB (Colorado)
Posts: 5,067
Posted:
Sidney, unfortunately there are poorly run Boards. And unfortunately there is so much apathy that the homeowners will not organize and replace the poor Board members. Plus it is difficult to find good volunteer help. Unless you can get the homeowners organized and replace those poor Board members it will remain very frustrating.

A couple of years ago asked posters to rate their problems. Here are mine:
1) Apathy of homeowners
2) Poor Board of Directors
3) Poor management company
4) Poor communications with owners
BobT2 (California)
Posts: 43
Posted:
Sounds like my hoa response I wonder if anyone else has a problem with a managment company that starts with E----d. We have been looking for a new company but noone wants to take on an association with only 46 homes
We are now looking into self managment to try and save money.
JaneK (California)
Posts: 175
Posted:
Ours isn't that large either, could you keep me posted on your progress?
I'd really appreciate hearing how it goes.
Jane
JackieB (California)
Posts: 198
Posted:
We are in Orange, CA. We are going on our 3rd year with Optimum and very happy. Our manager was new to the business but received excellent guidance
from the Director. she is taking her certification exam next month;
Since setting up and running our HOA website, thus keeping 52/140 homes up
to date on any and everything........instantly, we have seem more harmony
in our community. if you want their info, let me know.
Jackie
JohnM3 (Florida)
Posts: 288
Posted:
Dear Sid:
I think you are not garnering what you are being told in a nice way. People who serve on HOA BODs are just people like you and me they get agrivated when people attack them at meetings or when they are on there own times. I have been on my BOD for 21 years in Florida. I understand your frustration. You should walk in my shoes 4 member bod got it for 19 years we have had 3 empty positions available to any living human being. No takers why? Simple many people dont want the agrevation of putting up with people waving silly copies of State Statues when they are faced with HOs not paying there dues, not keeping there homes up to human standards. My def of human is putting your garbadge out in covered cans/recepticles. Not parking across others driveways. People dumb enough to buy a house with 60 ft tall trees behind there houses then coming to BOD meetings complainning about the trees. Thats just the tip of the iceberg.
Yea we have a reserve acct but explain to me why I cant use it to better my hoa? I am insured for everthing under the sun.
Whats the worst that can happen a Hurricane. I have lived thru 12 of them and learned a lot from every one.
I got 3 housewives and myself thats our BOD. We have a web site the minutes of the last 6 meetings are posted there for the whole world to read. Our budget is mailed to every ho in our hoa every month we mail out a statement to them. We get the city to do the legal work for us. We use there building codes and the city inspectors to handle code enforcement. Be carefull friend there is a fool in the state legislature who are both out to handcuff hoas even worse. he is the Lt Gov of the state and a fool named Rubio.
Beware my friend things are about to get worse.
PS: Quitting a BOD cause you dont like whats going on is child like. hang in ther and sooner or later you will wear them down and you will win then Quitters never ever win
Jack
TomS12 (Florida)
Posts: 19
Posted:
I've just been placed on a committee of 5 in a FL HOA to get competing MC bids due to an outcry from a growing number of discontent community members. We've held 3 meetings so far. As I get deeper into this and get to know "both sides" within the community, the politics is already beginning to even seep into our committee.

For example: The chairman of OUR committee was appointed by a member of the BOD who also happens to be our committee's BOD liason. The president of the BODs step-father AND mother both WORK for the current MC (see where this is going?) and I just found out that one of our other committee members (I'll call him "Joe") is good friends with the BOD president and regularly plays cards with his stepfather! I find it impossible for him to remain impartial and unbiased under the circumstances.

So, I'm taking it upon myself to call and have private discussions with the other 2 committee members to see if they are "insiders" or not. I'm trying to determine if the establishment of our committee is just being done to placate the "outsiders" within the community with no real intention of seriously considering a MC change.

So, I am considering doing the following at our next meeting and welcome YOUR opinion/suggestions(s):

1. Suggest removal of Joe from the committee because of his close personal relationship with the BOD president and his stepfather/mother who works for the MC.
2. Ask each committee member (and the BOD liason) to explain, individually, WHY they believe the committee was set up in the first place.
3. Demand that NO communication of any kind take place between committee members and the BOD or MC without approval of the committee.
4. Ask that BOD liason only attend committee meetings per our request.
5. Ask that ALL ONGOING detailed findings, opinions, and recommendations of the committee re: prospective MCs NOT be disclosed to ANYONE outside the committee (including the BOD) until ALL results are compiled and sealed bids submitted.

TammyO3 (Texas)
Posts: 46
Posted:
Quote:
Posted By TomS12 on 04/26/2008 6:28 AM
I've just been placed on a committee of 5 in a FL HOA to get competing MC bids due to an outcry from a growing number of discontent community members. We've held 3 meetings so far. As I get deeper into this and get to know "both sides" within the community, the politics is already beginning to even seep into our committee.

For example: The chairman of OUR committee was appointed by a member of the BOD who also happens to be our committee's BOD liason. The president of the BODs step-father AND mother both WORK for the current MC (see where this is going?) and I just found out that one of our other committee members (I'll call him "Joe") is good friends with the BOD president and regularly plays cards with his stepfather! I find it impossible for him to remain impartial and unbiased under the circumstances.

So, I'm taking it upon myself to call and have private discussions with the other 2 committee members to see if they are "insiders" or not. I'm trying to determine if the establishment of our committee is just being done to placate the "outsiders" within the community with no real intention of seriously considering a MC change.

So, I am considering doing the following at our next meeting and welcome YOUR opinion/suggestions(s):

1. Suggest removal of Joe from the committee because of his close personal relationship with the BOD president and his stepfather/mother who works for the MC.
2. Ask each committee member (and the BOD liason) to explain, individually, WHY they believe the committee was set up in the first place.
3. Demand that NO communication of any kind take place between committee members and the BOD or MC without approval of the committee.
4. Ask that BOD liason only attend committee meetings per our request.
5. Ask that ALL ONGOING detailed findings, opinions, and recommendations of the committee re: prospective MCs NOT be disclosed to ANYONE outside the committee (including the BOD) until ALL results are compiled and sealed bids submitted.


What you are attempting to do is against the law and can have ramifications if you have just 1 educated board member or committee member. Read your docs, cc*r and rules and regs. If there is nothing there nothing ca be done.

You can not have any time of meeting to discuss anything... that is the big law breaker. read your docs.
TammyO3 (Texas)
Posts: 46
Posted:
My original complaint was about a mangement company who often speaks to our home owners like we are their employees!

MaryA1 (Arizona)
Posts: 7,043
Posted:
Tammy,

Perhaps the board unwittingly promotes this by allowing the prop. mgr. to run the show. Too many boards don't understand that the prop. mgr. works for them, not the other way around.
TammyO3 (Texas)
Posts: 46
Posted:
Amen that Mary...

Next month is our annual meeting and elections...

One of the first thing on the agenda if a new board is elected.. oust the management company or actually make the assume the role that they are... THE HIRED HELP>>> nothing more.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Tammy,

Our experience with our former MC/PM was similar. But before we went self-managed, much of that was due to the facts that the previous Board was down to 1 person, as in the only Board member remaining, who, because of lack of the participation of other HOA members, was easily steamrolled, not to mention that the MC/PM had been in place since our Assn. began, so the MC/PM spoke with the Voice of God.

Trust me. Self-management, in our case, once it gets up and running, is a walk in the park if the ongoing duties are essentially limited to writing cheques and colecting dues.

Try it. You can always go back hat-in-hand if it doesn't work out.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Self-management can work IF all the board members are willing to do their jobs. And, more importantly, are not afraid to enforce the CCRs even knowing their neighbors will be offended by receiving violation notices and may not even speak to them again. I was treas. for 3 yrs of a small self-managed assn. I will never do that again! First of all, I was the only board member, out of 5, who was willing to become familiar with our gov. docs and also research state law. I had to tell the Pres. how to run the meetings and prepare an agenda for him. But, that wasn't the worst of it. In a small community, when everyone knows everybody, those who serve on the board are targets for hostility. People don't understand that board members have an obligation and duty to uphold the CCRs, whether they agree with them or not. In many instances, self-managing creates hostility and can ruin friendships. I now live in an HOA of 1,700 homes. The board members are just names on paper. Their addresses and phone numbers are not published. I doubt they are subjected to the problems I encountered as a board member of a small self-managed HOA.
EllenS1 (Florida)
Posts: 1,148
Posted:
I recommend reporting this MC to whatever regulatory agency is in place in your state. Wouldn't hurt to copy the MC and the Board of Directors. If what you say is accurate the MC is breaching the contract with the HOA. Get a copy of their contract and mark the areas in which they are not complying. Include this with your report and copy the Board. Our HOA has had several property managers from the worst, the bad and now, hopefuly the best. Our last caused us to be charged hundreds of dollars for not paying our utilities on time even though the money was there with which to pay them. We got no advice or bad advice and I am thankful they were replaced. It wouldn't be a bad idea to check out more honest and professional management companies prior to doing this.
EllenS1 (Florida)
Posts: 1,148
Posted:
Unfortunately many homeowners in associations don't want to be involved (they want "someone" to take care of everything) that is unless they have a gripe. This is fertile ground for inept or corrupt management companies. It's all about education. An hour or two each month attending meetings will go a long way toward protecting their property values and rights. We can thank most of those who volunteer to serve their communities..as far as the others, get rid of them and volunteer to replace them.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Mary,

Fortunately, our 3 member Board (in a community of 21 SFDs) is willing to do their jobs, although I "take on board" your comments about enforcement issues. We weren't planning last June to go self-managed, but last October when we got the projected budget for 2008, the MC wanted to up our quarterly dues from $230 to $260 to cover an increase in their fees, essentially paying a third of our annual take to the MC to basically write checks and collect dues, we (the Board and the owners) unanimously thought that was crazy. When the Board decided to try self-management, our biggest concerns, which we related to the owners in our proposal, were what to do about collections/delinquencies & how to handle disputes between the HOA and a homeowner and/or between homeowners. The answer was to do what was best for the HOA. To help insure prompt payments, we raised the late fee to $20 per month per 30 days of a delinquency and a 180 day "hand it over to a lawyer" rule if circumstances warrant, with them stuck for not only dues and late fees, but also the entire expense. So far, we're virtually current with only one household having not paid 2nd Q dues (yet). As far as check writing and communication with our three subcontractors, I handle that. If there is a delinquency, our President handles that privately with the homeowner, not sharing the communicatons with we other 2 except as to status. No complaints yet, nor have we yet had to enforce any other rules. The owners appreciate our efforts and the resulting savings that will go into reserves, and maybe even lead to drop in dues next year. Could this all blow up in our faces an hour or day or week from now? Sure. But the members know that we don't want problems, and if voluntary cooperation doesn't cut it, we'll abandon self-management - at their eventual expense. Between that eventuality, and that yes, they just want to mostly be cared for without having to particpate, no dissent. We'll see, eh?
JackieB (California)
Posts: 198
Posted:
This is great to hear. I think the small number of homes (21) lends itself to
more harmoney than is typical. But I think you did a great job in forseeing
some of the issues and finding solutions.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

So glad to hear your self-managed assn is working out so well. Ours did too the first year! Incidentally, we had only 49 homes. I could have run the assn single-handedly, no problem, even doing the accounting. But, your last line tells it all. This is the mindset of most HOA members -- let someone else do the work. What's going to happen when those of you now on the board no longer wish to run for re-election? How many of those 21 will step up to the plate? Of course that problem doesn't go away if you hire a mgmt co -- you still have to have a BOD, but perhaps you can get by with a few less. BTW, hope there aren't any problems when you have to enforce that first CCR violation -- that's when the problems begin. I never had any problems with people being delinquent -- CCRs violations were another story!

At any rate, good luck to you. I certainly hope this works out for your community in the long run.
TammyO3 (Texas)
Posts: 46
Posted:
I know my building will not go into self management. Our board currently has set the tone that this is necessary as we have always had a mangement co to deal with. In my eyes we pay a 1K a mo for a service nobody wants to do. Deliquincy letters, fines. ect. It is better to have that come through our 3rd party MC.

Also, giving the currently ability for the board to work together is null. No way could self managment work here! We would have the know ( nothing ) at all who claim himself KING OF THE CONDO WORLD.. it would be an attempt at a small dictotorship.. lol

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