PM refuses to communicate with a BOD Officer

We have an ongoing situation. Our PM is constantly asking the BOD members to run around the community to check on work completed, take photos of trees down by storm, check on ACC violations to confirm complaints received, etc. They are located only 15-20 minutes from our Community. A few weeks ago, the PM asked the BOD members to check contractor work done on Common Area & to phone an Owner regarding renting the Pool Area & to get Pool Rules to the Owner. This is a "full service" mgmt company which is paid a monthly fee to manage the Community/Association. I emailed the PM back and said that I would check the work on Common Area (because he threatened to charge us a "trip fee" if he had to come out - which is not in the contract), if he (PM) would phone the Owner re: Pool rental/rules. I also made a remark in the email of "let us know if there's anything else we can do for you...". Once I got back from checking dock work, taking photos of work, and measuring the mulch depth in Playground - I saw that the PM responded to my email copied to all BOD members and he stated that he had never heard anything so rude & that I shouldn't respond to his email because he REMOVED me from his contact list and refuses to have any correspondence with me. I am an Officer of the BOD. Can he do this? It is unprofessional and petty, but, can he really do this? It is making Association business difficult because other Board members have to forward me his questions and then they have to send him my answers. Prior to this, I was a licensed CAM for many years and managed several successful condo highrise properties. I have NEVER experienced something like this. Please advise as this is difficult and embarrassing. Thanks!

Gosh Heidi, when did you become your p.m.'s gopher? I have to agree with you....I've never heard of a p.m. issuing orders to a board member! The management company works for YOU.

Does this clown have a boss? With the agreement of your fellow board members I think I'd go to the top and report this p.m. We had to do that once.

He gets paid to do what you're describing here....and I'm sure you don't.

Sheesh!

Right?! Well, luckily our BOD has already interviewed and chosen a new mgmt company. There's no use in going to the Owner, we met with him in February to voice our concerns and he called our Treasurer "poison." He recently phoned our President and cursed him out. So, it starts at the top - you know? I am no longer a CAM, I am a volunteer Board member. We have a very large & active community, so this game he is playing really affects Association business. With the Swim Team, Tennis, Social events, etc going on right now...we are quite busy. In the past, I had been through a couple of mgmt transitions which went off very professionally and smoothly. I'm not sure what we can do to cease all of their drama. The other Board members are terrified to do or say anything because we are transitioning and they are afraid. Well, one piece of advice I have is to negotiate mgmt contracts and not allow anymore than a "30 day out - with or without cause!" Because if one day your Board has to transition mgmt companies, the relationship between BOD & mgmt can go south real fast and/or mgmt will just stop doing their job and it interferes with business. This is a first for me as far as a "nasty" transition period & I can't figure out anything we can do to stop it. How do you force someone to be professional & ethical & communicate with you?

Well, lets take a look at one issue at a time. Lets take the word, "full service". What does that mean exactly? Does it spell out you pay a monthly fee and they take care of everything under the sun? Of course not. Its proubably not in the contract because your paying for certain services and anything that falls outside of those services you pay extra for.

Its possible you are paying a lower rate than the "going rate" for property managers. And doing some things yourself keeps that price low. Charging a fee for someone from the property company to drive out, take photos, drive back and write up a report seems normal. It may fall outside of the regular duties you are paying them for.

Start shopping around and getting bids for a new management company. Include all the things you "want" them to do like drive out and take photos of work, etc and see what they come up with for a quote. Then you will have a better idea to base your decision to toss or keep your current property manager.

Everette -

The current mgmt company is basically a 90 day out (with cause in writing and two attempts to correct default of agreement) or 90 day advance written notice to non-renew contract (otherwise it auto-renews at 150% increase). I came on the Board in January 2009 and the current mgmt was in place and contract signed by previous Board. During the interview process we met with 4 other companies and all of their "out clauses" varied (45,60 & 90 days). However, every single one of them agreed to change the language in their contracts to a 30 day out - with or without cause (which used to be normal...). Thanks for your response - I'm going to share it with the other Board members and we could discuss buying them out so that the new mgmt company can take over (I don't think we can't have two mgmt companies at the same time in GA). We would just need to weigh the benefits vs. cost and check it against the budget (and we have about 30'ish days left with the current company). If this was occurring in November when the pool is closed and events are slow and the grass goes dormant, I doubt we would feel the "lack of service" as much as we are feeling it now. The good news is that we reviewed their contract early this year and avoided that 150% renewal increase!) I appreciate the advice!

Depends on your contract. Those "jobs" don't seem to be major issues, and could have been handled by board members IF that has been the on-going understanding. Sounds like this pm wants a board/PM team concept in managing and overseeing some of those small issues that come up.

If your board is not willing to do these things, they must be sure the next PM understands that the board will take NO role in the community other than board roles.

Your choice.

Susan.
Granted if prior understanding exists. But I doubt it does and this will only get worse.

Personally as an owner I want my BOD members to have a life also. I have watched how much time some of them spend just fielding complaints and bitching in their private lives. Of our five member board we have one that lives on site. Guess who fields 90% of the owners abuse? That is not fair, it is not right and it is unnecessary for a Board member to take directions from the Manager. If the manager is available (24/7) I want that person to be first in line. That is why we pay him/her, or should be.
It goes without saying the individual owners are tasked with the same responsibilities as the Board and that extends beyond the Managers responsibilities. We all must be reactive to any threat to the well being of the association. I wish I could wave a wand and it would happen. So maybe the owners ought to pick up some slack if the PM is being over burdened and then the PM won't be overburdened and will react as they should be paid to do.