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GraceH (Virginia)
Posts: 224
Posted:
In the Virginia Condominium Act 55-79.74:1. Books, minutes and records; inspection, B. there is a reference to aggregate salary information of unit owners' association employees.

At our Board meeting tonight, I asked what the PMs' total compensation package is and the PM told me that we are not entitled to that information only aggregate salary info.

The PM is the only contracted employee, the 2 other office staff do not have contracts, nor does maintenance. Should the aggregate salary information include all of the office staff or should the contracted employee salary be separated from the non contracted employee salary?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
well Grace,
I should not be the one to answer this. We have been fighting much the same thing, with mixed results. Ask me in three months and I think by that time I hope I can tell you that we have finally succeeded.

But in your case, in view that she made this remark at a meeting, see that it goes into the minutes and in any case send her a registered letter asking that she provide you with the authority that supports her position that her salary is none of the Homeowners business.

I would definitely copy the members of the Board and include it in your Blog. This lady is running wild.

This remark was made to you directly in answer to a legitimate inquiry, time for her to put up or shut up. Suppose she does have some agreement with the Board, then that is wrong on the Boards part and they must know it.

I am guessing the VA act allows for a listing of her compensation item by item,..................but stranger things can happen and I caution again, be careful with Virginia HOA Legislation. Must be because you all are so close to congress you have learned the art of bring confusion to the table if you can't tell the truth.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Grace,

I believe there may be federal privacy laws that protect this information. The AZ Open Meeting Law allows a closed session to discuss several topics, two of which are:

1) "Personal, health or financial information about an individual member of the association, an individual employee of the assn or an individual employee of a contractor for the assn. . .
2) Matters relating to thejob performance of, compensation of, health records of or specific complaints against an individual employee of the assn or an individual employee of a contractor for the assn."

However, that does not mean salary info cannot be reported on the assn's financial statements. The f/s doesn't have employee's names on the line item so there is no violation of these privacy laws. And the line item does not have to be "salary", it can be "management fees", which would include, fees other than salary.

DavidW5 (North Carolina)
Posts: 565
Posted:
Grace,

The Va. governor signed a bill last week that amends 55-510 to permit boards to access individual salary info for those whose compensation exceeds $75K. The new provision takes effect 7/1/09.
GraceH (Virginia)
Posts: 224
Posted:
Mary,
I can respect that, however, last night the board could not even say that they knew the total. If they do not know, then how is there ever going to accountability for the financials?
GraceH (Virginia)
Posts: 224
Posted:
David,
Thank you for that info. I will mark my calendar.
GraceH (Virginia)
Posts: 224
Posted:
David,
Can you tell me where I can read more on that Bill?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Grace,

Of course they don't know because they don't look at anything, they let the PM do it all. That's why they need to go and then the next action s/b to let the PM go.

Aggregate salary means the combined salary of all assn employees. The VA Condominium Act - 55-79.74.1 (books and records) mentions aggregate records as being records which can be released to the members. There is no mention of compensation or salaries as being confidential info which cannot be released either in this section or in 55-79-75 (meetings of unit owners assn & executive organ), which is in effect the VA open meeting law.

If the board or PM claims they cannot release the PMs salary ask them to reference the particular statute or gov doc article.
DavidW5 (North Carolina)
Posts: 565
Posted:
Grace,

Here's a link to an article about the change to the Va. law:

http://www.chesterfieldobserver.com/news/2009/0408/news/009.html

EllenS1 (Florida)
Posts: 1,148
Posted:
Grae,

I am not sure what you are asking. If you have a contract with a PM it is up to them what they pay their employees and shouldn't be a concern.
MaryA1 (Arizona)
Posts: 7,043
Posted:
I took a look at the bill and here's what it says:

A member may be given:

"2. The actual salary of the six highest compensated employees of the association earning over $75,000 and aggregate salary information of all other employees of the association; however, individual salary information shall not be available for examination and copying during the declarant control period."

However, a board member may be given:

"E. Notwithstanding the provisions of subsections B and C, all books and records of the association, including individual salary information for all employees and payments to independent contractors, shall be available for examination and copying upon request by a member of the board of directors in the discharge of his duties as a director."

I find it quite interesting that a member is limited to only knowing the salaries of the six highest paid employees who earn over $75,000. If no one is paid over $75,000 the salaries remain a secret! But, a board member may know the salaries of ALL employees. Duh! Who ever said this info is withheld from a board member? IMO, this is one of those bills that sounds good on the surface!

GraceH (Virginia)
Posts: 224
Posted:
Mary,
I have a question that I would rather not put out here for the chance that our PM is reading this. If you would please contact me at [email protected] , I would really appreciate it. However, I do understand if you do not feel comfortable.
Thank you,
Grace
GraceH (Virginia)
Posts: 224
Posted:
Ellen,
Thank you for your responce.

We do have a contract with the PM, however the other employees are also through the association not the PM.
I am just trying to see how these salaries are done, our budget does have many holes as far as over budgeting in areas that do not really get used but the money goes somewhere and it is not the reserves. This is year after year. When this was brought up, the PM explained that the line items are just codes and the money gets spent where it is needed.

The PMs' contract has a few compensation items that are not listed under the compensation section but under job description. Which I feel is very misleading. When you are looking at an employment agreement and you see a section for compensation, you do not expect to find other compensation in the section titled job description.

I thought that the aggregate salary information would be separate for contracted and non contracted employees. We do have separate line items for maintenance and administrative, however the administrative line items cover both contracted and non contracted combined.
GraceH (Virginia)
Posts: 224
Posted:
David,
Thank you very much for the link.

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