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PeterB1 (Florida)
Posts: 257
Posted:
We are a 120 home association in SW Florida. After 15 years of self-management, we are considering a professional management company. Our big challenge at this time is to develop a set of specifications defining what we want a management company to do.

We currently have a well-run Association. Most of the Board is running on empty after several years of (un-appreciated) efforts. What we don’t want to do is turn loose of everything. But we know we can’t continue as we are doing.

I am sure some of you have gone thru this process! Could (would) anyone share their RFP/RFQ or specifications? Anyone have a set of lessons learned or things to avoid?

Your input will be greatly appreciated.

peter
AnnaD2 (Florida)
Posts: 960
Posted:
Peter, the most important thing to remember is that the management company works for the board.

When you contact/interview management companies THEY will give you a list of things they will do for you. You don't have to accept their list. You can "cookie cutter" what you want them to do then put it in a contract. If they want your business they will agree to your terms. But do your homework. A lot of management companies promise the world then greatly disappoint. Not all---but some.

You'll get some arguments here about "self-managing" vs "managmement companies" but my personal opinion is to always have a management company. They take a HUGE burden off the board.
EvaM1 (Florida)
Posts: 190
Posted:
Peter,

Good question! I wish I could help, but we have never interviewed a management company. I think we may have to pretty soon as well.
Please do talk to other Associations who hired management companies and see what they say. Bristol is big on the East Coast, not sure if they are in SW. But they are many others am sure. Please post what you find out. I'd be interested.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I would say 120 units in a condo requires a M/C. Not so sure as far as a single family HOA is concerned. Maybe a full time manager would be best, one that does not work for a M/C. It would all depend on amenities and common property that needs to be controlled.
If you have a gate, do you need personnel? An experienced full time employee could do everything a HOA needs to have done administration wise. If you had an on site office that would provide standard operating hours for business. The presence of a manager would take a lot off the Board.

I can't caution enough..........DO NOT give control over to a manager. From posts on this site and personal experience this little trick can cost members untold woe and trouble. It is not a fine line that should be drawn, it is more a big double yellow line that should be drawn between who is waging the tail of the dog. Always, always, make sire it is the Board.
EvaM1 (Florida)
Posts: 190
Posted:
An experienced full time employee could do everything a HOA needs to have done administration wise. If you had an on site office that would provide standard operating hours for business. The presence of a manager would take a lot off the Board. Robert

__

In Florida, the ‘experienced full time employee’ must be licensed. I think this is what you mean. In fact, I think if the BOD members were paid (of course they would have to be licensed as well) there would probably were more candidates. Don't you agree?

Anna, how many units in your community?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Eva,
To discuss what kind of management is needed for your association and jump to the Board should be paid is a leap I am not going to take.
This subject has been discussed throughly time and again and it is realized a few associations do pay their Board members or give them stipends of some sort. But those few exceptions do not make the rule and to make a blanket conclusion that more people would be attracted to the Board and would serve or they would do a better job or better qualified people would be elected because they would be paid is just not supported and in many, many places out of the question because of finances. It is not paying the Board members that would solve the problems, it is convincing the owners they made a commitment to serve, a legally binding agreement to serve the association is where the hole is.
EvaM1 (Florida)
Posts: 190
Posted:
It is not paying the Board members that would solve the problems, it is convincing the owners they made a commitment to serve, a legally binding agreement to serve the association is where the hole is.
__

When I bought a unit here I made a legally binding agreement to serve the association?

AnnaD2 (Florida)
Posts: 960
Posted:
Eva, we are a condo association with 46 units. We took over from the developer in 2000 and have had three management companies during that time. The first company refused to "manage" anything, only wrote checks and showed up drunk every time we met with them. The second company was a HUGE (national) management company who was secretive, hid files and books when we asked to see them, never responded to requests and quite frankly was too big for their britches. The third and current management company is a true blessing for us. They specialize in working for small associations and are honest and very attentive to our questions and needs.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Eva,
If your last sentence is a question, the answer is "Yes".

At least, that has been my impression. I have not read all the covenants ever printed so I am not 100% sure. If your covenants directs you pay a fee to live within your association, they got you.
And you got them by signing an agreement to pay the fee. "This "them" I am referring to is a small part you, the rest of "them" is the remaining members of your association. Everybody together makes one (your association).
PeterB1 (Florida)
Posts: 257
Posted:
Could we return to the topic...

Could (would) anyone share their RFP/RFQ or specifications? Anyone have a set of lessons learned or things to avoid?

I really need your help.

peter
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Anna,
Very interesting, if at first you don't succeed, etc.

Give us a little more info if you would like Anna,

46 units with a management company, and you all are happy.

Can you give estimate of condo fees, your budget, any extras, any other personnel, and what you pay for what.

I am in a 65 unit and very curious to see what estimate a managemnet company would expect. We have a private manager and we are always looking to save money and make things better.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Peter,
Your point is noted.
I think you have been given several considerations about your interest and call for help. I know we have a habit of wandering around, but hopefully what we do say in a serious vien makes sense.

To be real frank, I doubt no one is going to direct you to a sure fire deal or specific company, it does happen but I am sure you have noted that CAI, the sponsor of this site offers HOA management services. Not having an idea of where you are from specifically and probably having no knowledge of local services is not much help either. It has been suggestioned here that you make sure a management company will work for you. It is not one size fits all, and as you can see some folks go through a few before they find a fit.
I could suggest you walk the streets of your area and canvas all the associations and see what they are doing, this is a good idea, but will require work on your part. I would not suggest you get a M/C, but would suggest you try and insure you are a fit. To do that, you have to know your association. You have not been forthright in telling us much, and frankly, it probably would not bring much better results. Make your decision from strenght, "know your association and know your needs". Most Boards in associations are workhorses and slaves, and deserve a special place in heaven, but not all. How do we know who is who? We don't and just try to help.
AnnaD2 (Florida)
Posts: 960
Posted:
Robert, let me see if I can give you a "ballpark" idea.

Our management company charges around $15.00 per door, per month. Our owners pay $220.00 ($228.00 for eight slightly larger units) per month in maintenance fees. We have one eight-hour per week maintenance employee and everything else is done by outside companies, who we contract with for services.

Our maintenance fees pay for the following:

Audit/tax prep; legal fees; management fees; office supplies/postage; permits/licenses; electricity; water; sewer; trash removal; telephone; cable; landscaping/mulch; sprinkler system; pool contract; pool repairs/supplies; exterminating; fire alarm/security system; maintenance supplies; plumbing repairs; roof repairs; payrol; insurance; reserves.

It's budgeted as such:

1. General and Administration: 9%
2. Utilities: 35%
3. Landscaping: 8%
4. Pool: 3%
5. Building Repairs: 5%
6. Payroll: 3%
7. Miscellaneous: 2%
8. RESERVES/INSURANCE: 35%

Our RESERVES account is for Pool; Paving; Painting; Roof and Insurance. We maintain three bank accounts. One for Operating funds; one for Reserves; and one for the Insurance. That way none of the money is ever mixed and we have a set amount deposited into each account every month.

I'm not sure if this is the information you were looking for but as the treasurer it was a good exercise for me to go back and look at it again, just in case someone here would happen to care and ask me about our financials..............Nah.......that'll never happen.....unless we say, "assessment"....then they'd wake up.
AnnaD2 (Florida)
Posts: 960
Posted:
Ok Peter, here is a brief rundown of the contract we have with our management company. I'm not going to retype the entire thing; just give you some idea of what it covers.

SERVICES OF AGENT: (Management Company)

COLLECTION OF ASSESSMENTS: Collect monthly fees; attempt delinquent collections (before turning over to attorney.)

DISBURSEMENTS: Pay all the bills of the association; money being used from proper accounts. *We put our own clause in here stating they are not to pay any non-budgeted bills without board approval.*

EMPLOYEE TAXES: Files all the necessary forms for taxes, social security, workman's comp. etc.

ANNUAL OPERATING BUDGET: Will prepare budget and submit to the Board of Directors for approval and revisions.

RECORDS AND BOOKS OF ACCOUNT: Maintain accurate and complete set of books. ie: records, receipts, disbursements, assessments, correspondence, insurance, etc.

MONTHLY STATEMENTS: Send owner statements to Board

ANNUAL REPORT; CERTIFICATION: Work with CPA for compliance; give annual report to all members.

MEETINGS: Will provide meeting places; prepare agenda; send notices; Property Manager to attend eight meetings per year. Will act as secretary and keep minutes. *We do our own agendas; notices and minutes and do that use this service provided.*

LETTERS AND REPORTS: Prepare and post all letters and reports per BOD.

RECORDS: Keep all records.

FIDELITY BONDS: As required by the State of Florida

INSURANCE: Supervises all policies.

CONTRACTING FOR SERVICES: At direction of Board hire, pay supervise and discharge.

MAINTENANCE OF BUILDING: Supervise all work done.

INSPECTION OF PROPERTY: Will visit and inspect property weekly.

As I said, this is a very, VERY brief description of what the contract says.....it's eight pages long....in teeny, tiny print and each item above is many, many sentences. There are also a couple of paragraphs of what WE have to do, too, but it's nothing major.

I hope this helps you a little bit.

AnnaD2 (Florida)
Posts: 960
Posted:
oops....under MEETINGS, I meant to say we do NOT use this

Sorry....my fingers don't keep up with my brain sometimes.
DonaldM3 (South Carolina)
Posts: 132
Posted:
Thanks Anna! That's some really good information for comparison purposes.
DonaldM3 (South Carolina)
Posts: 132
Posted:
Hey Robert, I forget - what's the prize for your 100th post?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
anna,
Thanks a lot for your post, I am sure it will provide valuable information for many folks, me included. I will take your post and see if I can compare apples and oranges (to a degree) and see how much correlation or or sameness I can compare. We are right on ocean and do have some special consideration but that is to be expected, no condos are going to be alike.

Again, I will let you know what I can come up with if anything. Initial reaction is we are paying way too much, but as I said, apples and oranges, location, type of buildings, etc, etc, etc, all have a bearing.

This was a lot of effort on your part..............I thank you again.
MikeS1
Posts: 521
Posted:
Tell the PM what services you want. They should be able to taylor a package for you. Whatever you do or don't do, make sure that you formulate some good questions for the referrals that listed in their presentation. You can get a really good feel for the quality of work if you call up the clients of your prospective candidates. Ask for the referal names, they usually include them in their written proposal anyway, but check them out. ... Then you'll get the real story.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donald,
So have I............forgotten what the prize was for my hundredth post.
I have also forgotten what the subject was, why I would call attention to my 100th post and if the day lasts any longer, I will probably forget what day it is.

But, you know, lots of folks slide by with half a wagon load, lots of them end up on a Board somewhere, note ENRON, and a goodly number end up posting here.

And all of the rest of these end up as Lawyers........yuk..yuk!!!

AnnaD2 (Florida)
Posts: 960
Posted:
Robert, you are 100% correct---apples to oranges. We are two, two-story buildings with very little grounds and the only other amenity is a pool. Big whoop. You have to deal with sea salt and everything else. I'm sure you have huge expenses.

Donald, I remember when I had MY 100th post (I was so excited); and my 200th (so impressed); and 300th (still learning); and 400th (getting worried); 500th (will the problems never end?)....then I look at the Roberts and the Donnas and the Susans and the Marys and the Michelles, and they are in the THOUSANDS, and I groan. I have SO MUCH catching up to do! But every one is a learning experience and I'm glad I'm part of this site!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Yeah, but, Anna, your 500 posts provide a great deal more helpful information than mine do!

MaryA1 (Arizona)
Posts: 7,043
Posted:
So how do I find out exactly how may posts I have under your belt? I can only find 500 of mine (and that only goes back to 5/10), so I must be in the 1,000's. A while back Dana said I had over 4,000. Guess my husband is right -- I must have diahhrea of the mouth!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By MaryA1 on 06/15/2009 7:43 AM
So how do I find out exactly how may posts I have under your belt? I can only find 500 of mine (and that only goes back to 5/10), so I must be in the 1,000's. A while back Dana said I had over 4,000. Guess my husband is right -- I must have diahhrea of the mouth!

PSST, Mary, look under your name in the "Author" column!

MaryA1
(Arizona)

Posts:4145

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Hahahahahahahahahahahahaha!!!!!!!!!!!!
Hahahahahahahahahaha!!!!!!!!!!!!!!!!!
Hahahahahahahahahahahahahaha!!!!!!!!!
TracieS (Colorado)
Posts: 460
Posted:
**BUMP**

I appreciate the above information. I need to design my own PM contract. I'm currently kind of an employee of the association, but we're looking into the legalities, and we're thinking it is better if I'm a contractor (FICA, Social Security, other withholdings, worker's comp, etc).

Now, let me be clear... I'm not asking for anything about the advantanges/disadvantages of self-management (believe me, if we had the money, I'd be so out of this position!!!!) I'm also not asking for brow-beating because we have been illegal for so long on this issue. I need to look forward. Legal/accounting advice is coming for our problems with this.

Now, with all that said...I need to write my own PM contract. I'm a unit owner, live on-site, and I'm the official property manager (and on the BOD, and the President).

I've never developed a contract of my own before. I don't necessarily need to know what's included (I have a pretty good idea of the services I provide to the association)...I need the formatting!!! What does it LOOK like? Who is the contract executed between (probably not me as the President and me as the Property Manager!)? Is this a yearly contract?

I just need something informal/easy/basic. We're not having problems with my service as a PM (to my knowledge!), so this is just a piece of paper we need to have JUST IN CASE.

I appreciate you all!!!! Thanks so much!!! This site is truly a God-send to newbies like me!
AnnJ1 (Florida)
Posts: 122
Posted:
Hi Tracie,
I've attached a sample contract for you that I found on the net....
HTH
Ann
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄161758522471.pdf(26 KB)
MaryA1 (Arizona)
Posts: 7,043
Posted:
OMG, it's right there under my nose!!! Just like at the grocery store. LOL
TracieS (Colorado)
Posts: 460
Posted:
Thanks for the attachment! WOW! That's a BIG contract! It's a huge help to me, though, as I finagle it to our specific needs.

RogerB (Colorado)
Posts: 5,067
Posted:
"I need to write my own PM contract. I'm a unit owner, live on-site, and I'm the official property manager (and on the BOD, and the President)." Tracie, my suggestion is you resign from the Board if you want to be the property manager to prevent conflict of interest issues. Attached is an example management agreement.
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📝1618491373871.doc(41 KB)
TracieS (Colorado)
Posts: 460
Posted:
Thanks for the attachment, Roger.

I'd love to resign from either the BOD or the PM position, but apathy runs high here. The potential for conflict of interest has been noted in our minutes from previous meetings.

But...is there really a conflict of interest? As a member of the BOD, and a unit owner, I desire to protect our asset to the best of my ability. As a PM, I desire to run the daily workings in as efficient a way as possible while maintaining high standards. Both goals "seem" to be in line with each other (at least I think so).

With our tiny association filled with apathetic owners, could you point me in the direction of a potential conflict of interest? I know that there is the "appearance", but we think we've handled that to the best of our ability.

I read lots of horror stories where the BOD and the PM butt heads, and I certainly can't butt heads with myself. I'm just asking...not trying to prove anything...just trying to learn.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Right you are Roger,
I'm like Mary says, "OMG, it was right there under my nose and I messed it."

I also hope Tracie won't write her own job description, if there is no oversight.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Tracie,
Aside from the "appearance" factor.

I expect you will find out at some point as you start doing you manager duties.

Being all these things is at best, a short term effect. We understand the pressure you feel you are under, but don't try to do so much good that you get yourself between a rock and a hard place. When you get a miniute, write each owner a message explqaining why you are doing what you are doing and set a deadline on some of your responsibilities. I would not try and rationalize this subject, be direct and distribute the load first chance you get.
RogerB (Colorado)
Posts: 5,067
Posted:
"could you point me in the direction of a potential conflict of interest? I know that there is the "appearance", but we think we've handled that to the best of our ability."
Tracie, suppose a disgruntled owner decides to sue the Board and the Management Company. Will the judge be influenced by your being the President and also paid to be the management company? Also, check with the HOA's insurance company to get their opinion. What insurance will cover and if you need additional insurance. I would never consider being on a Board and being the property manager. Dangerous IMO. Serving as the manager of an association where you are an owner and member can be tricky. It is permissible but still there can be an apparent conflict of interest.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By TracieS on 06/18/2009 9:57 AM

But...is there really a conflict of interest? As a member of the BOD, and a unit owner, I desire to protect our asset to the best of my ability. As a PM, I desire to run the daily workings in as efficient a way as possible while maintaining high standards. Both goals "seem" to be in line with each other (at least I think so).

With our tiny association filled with apathetic owners, could you point me in the direction of a potential conflict of interest? I know that there is the "appearance", but we think we've handled that to the best of our ability.

Are you being PAID as PM?

That is your "potential conflict of interest."

If you are NOT being paid, then no harm no foul.

But if you are president, an owner, AND a PAID PM, I would have serious problems with that appearance of conflict of interest.

MaryA1 (Arizona)
Posts: 7,043
Posted:
IMO, if there is a hint of a conflict of interest it should be fully discussed with the BOD. If the board members have no objection then there should be no problem. If any member starts to ask questions or point fingers all the board has to say is that the issue has been fully discussed and they feel there is no conflict of interest. Bottom line: it's best to get it all out in the open. Make a record of the discussion and the board's decision.
GloriaM (North Carolina)
Posts: 829
Posted:
Peter:

First thing is for the board to consider what do you want management to do for the board and community? Here is a list of items that management usually does for the community/board, I hope it helps you in your search for a good management company:

Service and Communications
Assist BOD in administering CC&R's
Prompt response to all telephone calls, emails, and correspondence regarding and problems or concerns.
Assistance with association newsletter
Preparation of special reports and recommendations as requested by Board
Interface with specialists retained by association for specific tasks.
Provide (and assist) CPA with information needed for audit/review and taxes
Assist owners with explanations of policies and procedures in the Declaration of Covenants
Coordinate contract negotiations, prepare Bid specifications per board
Meetings
Assist Board with scheduling, notices and coordinate board meetings
Assist BOD with preparation of the annual meeting agenda
Upon request provide board packages prior to meetings
Assistance with conducting annual meetings and elections
Attend quarterly board meetings and annual meetings.
Distribution/Filing of meeting minutes.
Prepare Notice of Annual Meeting, proxies and ballots.
Legal
Legal liaison, as directed by board
Assist in preparation, passage, and filing of amendments to documents
Distribution of amendments to documents
Records
Maintain master mailing list and labels
Maintain custody of all association records in a professional acceptable manner.
Ensure all records are updated and available for board and owner review. These include: Declaration of Covenants; Bylaws; Rules and Regulations; Plans/Blueprints; Contracts; Roster; Election Results (proxies, ballots, proof of notices), and other documents
Maintenance Management
Help board to oversee association repairs and maintenance
Procure bids and contract services as advised by the board
Assist and prepare specifications for bid procurement
Work with Board to supervise contracts to assure contract fulfillment
Schedule maintenance-set-up schedule and procedures
Preventative maintenance-advise BOD and set-up schedule
Inspect property periodically for both covenant violations and review of vendor work
Contract with dependable (licensed & insured) vendors who perform quality work
Timely response to BOD and homeowner inquiries and maintenance requests.
On-call emergency maintenance services - 24 hours/day and 7 days/week
Property inspections more often when special contracted work is in progress
During major repairs, the inspections will include careful attention given to details as well as to potentially hazardous conditions.
All community contracted services, as well as non-contracted repairs and maintenance are periodically reviewed to ensure that your property will have the neat appearance and high standards which homeowners expect.
Financial
Assist board with annual budget
Assist board with interest rate management of cash reserves
Ensure the Reserve Study is reviewed, undated regularly, and incorporated into the annual budget
Provide financial statements on a cash basis.
Monthly Late charges, monthly collections
Long-term financial planning (cash flow and reserves)
Financial Reporting Package - available by 15th of following month.
Monthly Financial Reporting Package includes: Balance Sheet, Income Statement, Budget Comparison Report, List of Delinquent Accounts, List of Prepaid Accounts, Check Register, and Current Status of all Delinquent Accounts.
Accounts Receivable
Prepare recommendations on policy and procedures for board approval
Facilitate billing with payment coupons
Offer and set up automatic draft from owner's checking account
Offer online payment of dues through e-checks and credit cards
Promptly deposit payments to appropriate association account
Maintain individual unit owner payment records
Diligently and aggressively pursue collection efforts
Collect monthly dues and special assessments from homeowners and builders though various methods of payment (checks, debit, or online)
Collection of delinquent dues via late letters at various set intervals and working with the association's attorney
Monitor association funds for maximum interest income
Legal liaison-Assist with liens, foreclosures. Proceed at board's direction.
Accounts Payable
Prompt payment of all association expenses. Vendors are paid timely - checks are written several times each week. Maintain credibility of association with vendors.
Maintain timely payment schedule, taking advantage of any vendor discounts
Establish and maintain cash flow
Submit abnormal bills to board for approval
Use correct general ledger accounts for proper budget control and auditing
Maintain check register
Maintain detailed records, including filing of paid invoices for proof of expenditure
Insurance
Assist with soliciting bids and securing annual insurance policy
Ensure that insurance coverage is at least the minimum coverage set forth in the Declaration of Covenants
Provide annual review of coverage, costs and obtain competitive bids
Confirm all contractors have appropriate insurance coverage
Assist board with filing association insurance claims
PeterB1 (Florida)
Posts: 257
Posted:
Gloria,

EXCELLENT - that's the kind of thing I was looking for. This board (unlike the Board of Directors) always comes through.

Thanks!!!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Gloria,
I am glad you posted and wonder if you would comment from the management side as to duties of the PM or Manager.

As you know we get a lot of problems reported here about lack of enforcement of the covenants and rules of conduct, etc.

Where does the manager come in? I don't think I have ever seen it written addressing the responsibility and is the a pecking order as to who has primary responsibility and where do individual owners fit in. I know most documents are very specific as to the owners have full authority to enforce. I have heard "I did not buy this place to be a policeman or I am the manager not a law enforcement officer," a thousand times, and more often the managers, board members and owners turn a blind eye.
GloriaM (North Carolina)
Posts: 829
Posted:
Robert:

Your board along with your PM should send notices for violations. After the notices and the owner still does not comply; then a Hearing in front of the Executive Board should be held. Here in NC the North Carolina Planned Community Act allows for fines to be applied to an account of a homeowner who does not comply.

Many times the homeowner does not even show; however this does not negate the board from rendering a decision. At which time a "Notice of Decision" or determination is sent to the owner of the board's decision to fine and this letter spells it out. It is definately a part of your PM and boards duites. I hope that helps.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Thank you Gloria,
In my case I doubt it will mean much. We have NEVER fined an owner since our inception in 1981.

I guess we are just blessed with selective owners and renters.

The other day they allowed an owner to jackhammer a 18 inch square hole in the concret slab that our condo sit on over the garage. I see they have filled the hole with foam. But maybe I am being premature and the Board is in the middle of corrective action. Sure they are!
GraceH (Virginia)
Posts: 224
Posted:
Roger,

"Serving as the manager of an association where you are an owner and member can be tricky. It is permissible but still there can be an apparent conflict of interest."

Will you elaborate on the conflict of interest?
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By GraceH on 06/23/2009 9:48 PM
Roger,

"Serving as the manager of an association where you are an owner and member can be tricky. It is permissible but still there can be an apparent conflict of interest."

Will you elaborate on the conflict of interest?

There is no conflict of interest; but there can be the appearance of a conflict of interest to some members. One must be careful to keep separate the functions of the management company vs. those related to being a member of the HOA.
GraceH (Virginia)
Posts: 224
Posted:
Roger,
Thank you for responding
MicheleD (Kentucky)
Posts: 4,491
Posted:
Roger, if there is payment involved, there may well be a conflict of interest.
GraceH (Virginia)
Posts: 224
Posted:
Michele,
Can you elaborate. You know that I am fishing for anything here.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Grace,
May I suggest you be a little more discreet in what you say.
Case in point: It is fine to talk about what constitutes violation of the documents. But to publically omit you are on a fishing trip is not good practice.
I think all can see the problem. We do have on occassion both sides of a story posting on this site. Thewre is also nothing against anyone registered here that restricts them from coping anything posted.
EllenS1 (Florida)
Posts: 1,148
Posted:
Anna,

Will you email me and let me know who your present management company is ([email protected])?

I would also ask them to give you a ball park figure on what they expect their office administration costs would be. The current PM we have charges roughly 25% of their contract rate for administration costs.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Grace,

I'll give you an example. One of the posters here is a member of an HOA and also serves on the BOD and is the assn's PM. IMO, she should excuse herself from discussions and voting involving her contract and her compensation as it could be construed as a conflict of interest because she would be negotiating her salary and then voting on it. Also, as a board member, she has the means to influence other board members to vote to her benefit. Any time a person stands to benefit monetarily from their position there is a conflict of interest.

I can't see that there would be a conflict of interest involving your PM if she is not a member of your HOA nor does she hold a board position. The fact that your BOD allows her full reign in managing the assn, and perhaps agrees to whatever she puts in her contract, does not equate to a conflict of interest. All that qualifies as is stupidity on the part of your BOD!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Mary,
You are going to have to stop and cease running aroound the bush. Just come out and say what you think. I do agree that the Board condoning this kind of thing is beyond suspect. It is also common. Of course we have seen cases where everyone walks away from everything and some poor soul has to serve as chief cook and bottle washer. You have to admire that.

Also, in principal, the system is not designed to operate this way, in spite of it's many flaws.

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