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MaryH8 (North Carolina)
Posts: 4
Posted:
Hi, I have been successfully managing this community for four years and the
majority of the long time owners respect what I have accomplished and support
me strongly. Many of them used to serve on the Board but when things started
going well, they allowed other new owners to run and serve.

The Board was up to 8 people and four of them resigned this year due to moving, etc.
This left four very inexperienced people on the Board led by a President that
has a personal problem with us. She appointed her next door neighbor
to the Board and started trying to get us fired. She is rushing this through
without even polling the membership to see how they feel and it looks like
she has gotten this partial Board to vote to fire us. There is only one member
that is using good judgment.

I have a lot of support from the membership but most are unaware that this is
going on. The one "good" Board Member has been letting me know because
he feels it is completely inappropriate how it is being handled. The Annual Meeting
is coming up and he thinks it should be discussed but the President is rushing it through. I can't (don't want) to expose the Board Member that has come to me.

We're a small company and I really don't want to loose this property. I know most
of the long term owners would support us. I am going to consult with an HOA attorney to see what can be done but I'm looking for advice in this situation.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You are sweet talking the wrong people. You need to convince the current board that you have the best management company around.

Since you have been there for 4 years, you have a history. So build on that - or defend it - but your task is to convince those who hire you - the Board.

SusanW1 (Michigan)
Posts: 5,202
Posted:
You are sweet talking the wrong people. You need to convince the current board that you have the best management company around.

Since you have been there for 4 years, you have a history. So build on that - or defend it - but your task is to convince those who hire you - the Board.

MaryH8 (North Carolina)
Posts: 4
Posted:
lol ...that made me smile Susan. You are right about that
and I appreciate the truth!!
Thing is that this Board didn't hire me and the President
(who nominated herself) is the head hunter and has corralled
her supporters. The difference in the Board from one year ago to
now is night and day. It's going to be interesting.

There are many owners that will vocally support our services
at the annual meeting; but what's to stop this junior
partial Board from accomplishing this upset before then?

GlenL (Ohio)
Posts: 5,491
Posted:
Mary, you may be better off in the long run without this property but what does your contract allow for? Can either side walk away without cause and how much notice are they required to give? What do the HOA's documents allow for? Unfair or not your contract is with the BOD not the members and they have little say in whether a BOD replaces a MC.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Mary,

I'm sure this is hard for you to take having successfully managed this assn for 4 years with no apparant problems. I'm thinking you are an independent contractor and not associated with a property management company. However, in your position, you should know that the members have nothing to do with awarding your contract and it also doesn't matter whether the present board members were involved with it or not. Your contract is with the assn, and you are at the mercy of who ever happens to be a board member. You should know what the terms of the contract are. The terms to terminate service should be spelled out in the contract. I see no reason to contact an attorney; there is nothing that can be done unless the board is not upholding those terms.
RogerB (Colorado)
Posts: 5,067
Posted:
MaryH,
As the property manager you surely must know that the Board does the hiring and firing. So why would you consider seeking the advice of an attorney? Also, your expressed attitude towards the current Board members is upsetting to me. I would either resolve the problems with the current Board or terminate under the terms of the management agreement.
MaryH8 (North Carolina)
Posts: 4
Posted:
Hi Glen, Yes either side can terminate with a 60 day notice which they are
preparing to give me at this time. I know the contract is with the BOD, (what is left of them), however when the membership finds out, there will be quite a backlash as the long term owners and former Board members want us to stay.

Needless to say there is quite a history with this HOA and we've worked really hard together and made huge improvements. The "old members" assumed
that everything would stay the same. They didn't think this could happen with
a partial board without going to the membership. I explained that it most
certainly could and looks like it will.
MaryH8 (North Carolina)
Posts: 4
Posted:
Yes Roger, I'm very aware that the Board does the hiring and firing. I would
consult an attorney because this BOD is not acting in the best interest of the
community but on a personal agenda - and is pushing it through with a partial Board.

Have you never experienced a situation where the Board is incorrect? My concern
is for the community as a whole, not just my own interest.

I've put an incredible amount of work in this community. When I started they
were in big trouble, the membership was angry, and the buildings were in disrepair and on the verge of having their decks condemned. Property value hadn't increased in 3-4 years, and realtors didn't even want to show the property. I worked with the membership, we got a capitol improvement loan, made renovations, developed and enforced rules, and even in the depressed market things improved dramatically. I reached out personally to the real estate companies in our area inviting them to take another look at the property. Values are higher than the comps in their area and the homes have been selling within weeks of going on the market.

This Board is made up of new members with no historical experience with this or any other HOA and is led by one person that has a personal problem with me because I've called her out on some violations concerning her own property. Not
sure what is so upsetting to you. Again, have you not ever had Board
members that were making bad choices?
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By MaryH8 on 09/25/2009 9:21 AM
.....
Have you never experienced a situation where the Board is incorrect? ....

Yes, we have. We terminated the contract when members who were in violation were elected and took control of the Board. Later, when those Board members were removed from the Board we chose to return.

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