Am I right to worry?

Maureen,
Well, worry is not the word from what you post. certanly concern for your association is demanded by your documents. Go to a Board meeting, voice your concern and request a reply. That's the first step, ask if there are other employment contracts, read your documents and see if homeowners can actually hold these positions, does state law allow it? You need to become part of the solution, one way or the other. Are you ready for that? It's a long tough job, thought about running for the Board? I don't know that we can pass judgment or what you describe, it certainly should be justifed if it is true. I don't see it as scary But you are not telling us all you think you know, are you. No problem about that, but it does put a different slant on the picture.

Hello Robert,

Yes, I am on the BoD., Brand new Pres as of the last meeting. I am trying to be very cautious on details for this reason. I spoke with the last Pres about some kind of manual for any new BoD member (oreintation)and the answer is that we have none. Basically we have been running this Association year over year with the PM (homeowner) making decisions for the majority of the BoD based off of this persons opinions and experience. That in itself typically is not a bad thing; however, when he/she steps over the line and dictates meetings, sets the agenda, types the minutes and omits things.. also, presides over meetings its a bad thing. The old Pres did not step in and take the lead. Also, this person interrupts BoD discussion before motions and its getting tense. Some Bod members stated that they were angry this was happening after our last meeting. So, I started investigating (call old Pres, etc). I thought I might have over looked or not asked the right person where are our proceedures, policies, and standard operating contracts or agreements were... Answer is - none. Here is the language that I have from the CCRs:

Each Member hereby agrees that the Association may enter into such agreements for the performance of any or all of the functions of the Association with such persons or entities as the Association shall deem fit and proper in its judgement and discretion; provided however, any agreement for profesional management of the Properties, or any other contract providing for services by the Developer, sponsor or builder, must provide for termination by either party without cause or payment of a termination fee on ninety (90) days, or less, written notice and the maximum contract term shall be three (3) years.

So, yeah I am feeling a tad bit worried here that I and others have no roadmap here. Thoughts or advice?

Maureen,

They probably have a verbal contract of some sort (even if it's as simple as agreeing to be the bookkeeper for x dollars). However, written contracts and not verbal should be the norm for any HOA. Contracts can also help prove if the individual is an employee or an independent contractor.

Tim

Thank you all for your suggestions and responses.