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LeeB1 (Florida)
Posts: 8
Posted:
Our community does not have a management company, but rather a paid administrative assistant. She does our banking, paper work etc. Recently her work performance has been falling below par and I feel she has to be spoken to. She does not like to be corrected. My question is simply, should I speak to her in private or speak to her in front of the Board at the Board meeting? We have a near zero community turnout at our meetings and if we did have other than Board members present, the problem would not be discussed. I have very high standards and will not tolerate poor work. ( I am president of our HOA)
SusanW1 (Michigan)
Posts: 5,202
Posted:
Who has authority to speak (i.e. correct or reprimand) hired staff? If that IS you, then go ahead, but document the discussion and tell her it will be in her file. Be specific and objective.

Otherwise, ask for a discussion about staff performance and evaluate her with everyone's input at the next board meeting.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Lee,
How would you feel if your employer reprimanded you in front of everyone in the office? Not good business practices. This should be done with the entire Board present but that is all. No member involvement. Boards are elected to handle the operations of the association and employees are under that catagory. Why embarass the assistant in front of everyone? If word got out to other prospective employees, who would want to work for your association? Gosh, even the Florida Statutes protect employees from public discussions with the members.
DavidW5 (North Carolina)
Posts: 565
Posted:
I agree with the other posters that this discussion should involve only the board members and the employee. The board should pass a motion to go into executive session for the purpose of discussing a personnel matter. At the conclusion of that discussion the board returns to its public session for other business.
LeeB1 (Florida)
Posts: 8
Posted:
Our docs do not state who has the authority. It does state that the pres. overlooks. I do not want to speak to her alone. I feel it is a Board problem and the entire Board should be present. I agree with you as to have a staff idiscussion. My purpose is not to embarress and I feel all Board members should evaluate her performance. I do not want to put this on the agenda, as our agenda is posted, do I just add this "agenda" to the end of our meeting?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Lee,
Your documents do not address this situation with an employee but the State Statutes do.

From 303.(2) Board meetings, under inspection is this which applys to all employee matters which says that members are not allowed to view these matters which IMHO also means at meetings also.

3. Disciplinary, health, insurance, and personnel records of the association's employees.

AnnaD2 (Florida)
Posts: 960
Posted:
I somewhat disagree with what some have posted here. I don't know how many board members you have but I wouldn't have a "quorum" of board members present. I (personally) feel that only two board members should be present. It should be the president and one other board member who should mostly be silent but be a witness to the "reprimand" or whatever is being said to this employee; and to sign (as a witness) whatever "write-up" or action is taken.

This employee may have some deeply personal problems which are causing her work to suffer. She may open up with only two people there. But if she sees five or seven or more people "ganging up" on her, she may simply get defensive.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Idea,
How about setting a rule that each paid employee will get a job review every six months. Appoint a Board member as the Empyloyee Review officer, set the guidelines for his review and his reporting to the Board for any action good or bad.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Lee,

What Donna has posted as the FL law is the same as AZ's open meeting law. With this being addressed in state law, IMO, the board should discuss this matter in a closed session of the board. I believe there are Fed. laws which protect employee's rights and that is why this type discussion is reserved for a closed session. I also believe this is a matter for the whole board to discuss. The board members should be given info regarding the employee's work performance before the meeting so they will be prepared to discuss whatever problem areas there might be.
RichardE2 (Florida)
Posts: 6
Posted:
Does your assistant have a CAM license?

I think you should read Florida Statutes regarding persons hired by an HOA to perform management duties you seem to describe.

About 15 years ago our HOA operated a paid office assistant which was reported by someone to Tallahassee and our HOA was fined as well as the paid office assistant in the amount of $800 each.

RichardE2 (Florida)
Posts: 6
Posted:
Florida Statute 468.431 states that an association of 10 or more units and a budget over $100,000 requires hired persons for some of the duties describe must be licensed as a Community Association Manager.

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