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DanielH1 (California)
Posts: 482
Posted:
I'll tell you why.

Every HOA that I've always lived in always goes with the lowest bidder. Faced with a bunch of bids, we can help but get sucked into choosing the lowest one.

Do you know who submits the lowest bid? It's always either an incompetent or a crook.

The incompetent gets in over his head, realizes that he underbid the job and either cuts corners or bails out completely. We end up losing any money that we paid him, then have to pay somebody to rip out his terrible work and, finally, pay somebody to do the job right. We also lose time which is bad because we usually need something fixed pretty darn soon, otherwise, we'd delay the expense.

The crook knows he won't get any money if he doesn't get the job. So, he does whatever it takes to get the job. Promises, low bids, whatever. He knows that he's not going to keep any promises and will just wring whatever money out of us that he can. Once he gets the job, he asks for a down payment. If we give him no down payment, he says, "Ok, I'll start the job on Saturday," and then doesn't show up. Or he shows up and does a terrible job and then tries to hit us up for a down-payment, installment payment, milestone payment or whatever. If we don't give it, he just strings us along, promising that he'll be there next Saturday, giving us some sob story. Whatever to keep the process going. Eventually, we end up losing any money that we paid him, then have to pay somebody to rip out his terrible work and, finally, pay somebody to do the job right.

If we had any sense, we'd wonder why the lowest bidder is the lowest bidder. Did he invent some fence building robot that dramatically cuts his costs such that other builders can't compete? Does he have special access so he can hire Oompa-Loompas (like Willy Wonka) who just work for chocolate bars, not money, so he can afford to build things for less? Of course not. These guys all have the same cost structure, the same (grey market) workforce. There's no good reason that a low bidder is a low bidder, only bad reasons.

Anybody in the same predicament?
RogerB (Colorado)
Posts: 5,067
Posted:
Daniel asked "Anybody in the same predicament?" Perhaps all Board's who do not have sufficient experience to hire us or other management companies which maintain a list of top quality low priced contractors

Seriously, HOA Boards can often save thousands plus get better quality by using such management companies. We try to save every HOA more than we are paid and have achieved that goal to date.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Roger,
Your comments should be taken seriouisly as they have merit. Just the same as the advice a good manager is better than a bad manager and a good board is better than a bad board. In addition, or maybe I am repeating what you said, but some circumstances, especially in large associations where decisions cost big bucks and expert knowledge is needed to conduct a big contract thru the process. However, many of our posters can't afford a consultant or a professional manager and frankly there may be only rare instances where big money and complicated decisions have to be made. Certainly the day to day operation of an aswsociation with less than 100K budget for a condo, and maybe half that for a small HOA can do a pretty good job if the are able to cull some capable people from their association. Which brings up the fact if the board is ineffective at any level HOA they are just not going to do a good job. But, I would not advocating ignoring the Board. Our HOA after years of Board management hired a capable professional as the CEO and it has worked out great from where I sit. The Board still controls the organization but the CEO runs it. Our condo has been all over the place with a manager and hands on Boards (after a fashion), right now we operate pretty well.
SusanW1 (Michigan)
Posts: 5,202
Posted:
That's why bid should be ONE criteria.

Referrals and recommendations from past customers should have power, too.

HelenK1 (Washington)
Posts: 68
Posted:
There are bad managers also. Ones that pay ridiculously high prices for shoddy work.We even had one unit here that was a rental and managed by a property manager. There was an issue with the water heater she contracted someone to replace for that unit. He forget to turn off the drain valve completely and it leaked into the unit below. Later we found out the contractor she called to replace the water heater had listed as his specialty on the state L&I website "Landscaping" Anyway association's do tend to be easy marks One reason I think is the mere setup of them Volunteer board members are elected from the neighborhood, often because they are the only ones willing to step up. They are generally expected to know everything about everything from handling delinquents accounts to knowing the best way to handle repairs. They often have full time jobs of their own. And basically they are not qualified to handle all the responsibilities that are thrown at them. I put myself in that category also It has been a learning experience and looking back there are things I would have done differrently if I knew then what I know now. To this day I still get confronted with situatuions that are completely new and have to figure out what to do.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Work should NOT go to the lowest bidder.

Work should go to the lowest QUALIFIED bidder.

Bids should be for the same work ... not based on "what can you do for us?"

Business license ....
Contractors specialty license (as needed) ....
Proof of all insurance (current and in force) ....
"Hard" address + references ....
Building permits .. followed by an atctual inspection and 'sign-off' ....

And most importantly ... a performance bond to ensure warranty compliance !

This will not be the cheapest bid, but, will be the cheapest long time cost,
MaryA1 (Arizona)
Posts: 7,043
Posted:
Roger,

Not all assn's can afford, or may just be too small to contract with a mgmt co. IMO, common sense should prevail, but of course not all board members -- nor all people in general -- possess it. As John Arbuckle said "You get what you pay for" and, of course, our volunteer board members are not paid!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Come on folks,
Let's not use sight of the fact that certainly most of HOA are run by volunteers, and many of them do a good job. To volunteer to serve the good of others is something to be admired. Also, all kinds of volunteers are essential to our way of life and they perform great deeds.
So any of you volunteers reading this, I thank you and endorse your efforts and I am absolutely sure some of you would not accept money for what you do...... I also know that any comments about volunteers are not said with malice by the regulars here.
HelenK1 (Washington)
Posts: 68
Posted:
Robert, No it was not said with malice. I am a volunteer board member and I said it. But sometimes board members are just expected to do too many things with a limited amount of time, money, and prior experience and expected to do them all perfectly
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By MaryA1 on 02/25/2010 6:53 AM
Roger,

Not all assn's can afford, or may just be too small to contract with a mgmt co. IMO, common sense should prevail, but of course not all board members -- nor all people in general -- possess it. As John Arbuckle said "You get what you pay for" and, of course, our volunteer board members are not paid!

Mary, may I add that with you on the Board the HOA is getting more for their money than most self managed HOAs

For newbies who do not know my background, I served on several HOA Boards in three states and really appreciate those volunteers who serve on Boards. However, in today's litigious society and after becoming educated on legal aspects related to HOAs I would not serve on a Board which did not have competent, knowledgable, experienced management.

P.S. How small is small? We manage a 22 single family HOA with no amenities, just a greenbelt. They realized they could not afford not to have professional management.
Can they afford professional management? We have saved them more than we are paid every year so the answer is yes.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Roger,

Thank you!

I have served as Treas of a small self-managed HOA(49 single family homes) which now is forced to contract for the financial services. I agree some small HOAs do need the services of a mgmt co -- or at least a bookkeeping service. Even the larger assn's have problems getting members to volunteer to serve on the board.

I am now on the Advisory Comm. at my current HOA. This is a great position as I am just like a board member except that I cannot vote and don't get any flack from the members.

I certainly didn't mean to denegrate volunteers in my last message. Just stating a fact -- volunteers are not paid and oftentimes you do not get what you bargained for. However, many volunteers are well-qualified to do the job and they do it quite well. The BOD of my HOA is a good example and you will be pleased to hear that we have the most wonderful manager anyone could hope for. She not only works 9-5 in the office and about the community's she serves, but she also devotes many hours in the evening driving around the HOAs looking for violations - she also manages a number of other assn's in my community. She is tireless.
DanielH1 (California)
Posts: 482
Posted:
I agree with everything that everybody said here.

But lots of Board Members and homeowners are cheap. If there's a lower bidder, they'll always take it (and probably feel that the price is still too high!).

Even after the fact, lots of people will feel that the HOA overpaid. If they hear that there was a lower bidder, they'll hit the roof!
DanielH1 (California)
Posts: 482
Posted:
On a side topic, I've lived in both self-managed and professional-managed HOAs and I'd say that, from what I've seen so far, it's a wash.

Professional management costs more (of course) and you do, on average, have a bit better run HOA, all things being equal. If I was buying into an HOA again, I would not insist on being professional-managed nor would I insist on being self-managed.

I would say that a dysfunctional Board cannot be fixed and won't be fixed by a good manager. I've seen enough Boards and seen enough managers to know that a good manager will not be able to prevent an HOA from becoming a train wreck.

I think that's why I always reject these "a good manager will..." arguments that Roger always comes up with. It's tempting to think that a solution to an HOA's problems is a good manager. But, from what I've seen, the solution to an HOA's problems is always a good Board.

I think that, in this case, most HOAs just get lousy work done. It's too easy to do the wrong thing and very hard to do the right thing, no matter what Board or what manager you have. The forces in favor of being cheap and dumb are far stronger and more consistent than being value-driven and wise, even with fairly good Boards and fairly good managers. But, of course, you still have to try.
HelenK1 (Washington)
Posts: 68
Posted:
Good homeowners help too. When I got on the board in 2007 we were left by a bad board and property manager virtually bankrupt with almost everything in need of repair. Since then I have had to figure out how to get money (and many homeowners complain about that)and have gotten all the roofs redone (Structural damgage too), 5 decks replaced, 40% of the siding fixed, the pool closed and covered because it was not up to code and we do not have money to update or maintain (roofs or pool this is washington and a no brainer for everyone except the 10% of the people that use the pool 10% of the time) All the downspouts replaced, the drainage system cleaned out and improved. Plumbling leaks repaired and carport destroyed by tree ( next to a creek that the former board did not get the permit within the 6 month window to retain our grandfather clause) built elswhere I handle all the repairs and maintenance contracts Even had to clean the roofs myself in the begginning. Manage all the spending Have to search for 15 different kinds of specialty light bulbs for replacement I do the taxes, all the notices and proxies for meetings. I'm sure I left a bunch of stuff out Homeowners have not paid their accounts, flooded other people units and tried to blame me, got water in their own units through slider during terrential downpours and tried to blame me kept there junks cars on property unitl forced to remove. I even have one homeowner (who lost use of a destroyed carport)who supposedly is a carpenter and has knowledge of construction. He had ample opportunity to help with the rebuilding of carports and was even asked personally by me to help. (I was busy with roofs and other things) He didn't and now he has the nerve to try to sue the board personally for money due for loss of carport storage space for a time period that includes time before any of us were on the board. Really? I have to add that I do have a full time job.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
A Director on a Corporate Board has a Fiduciary Duty whether they are paid or not.

F/Y/I: Virtually ALL Board of Directors are UNPAID VOLUNTEERS .... It is the CEO and/or management who are paid .... reason being that management requires skills that most people do not have ....

IMO: The fact that one has VOLUNTEERED raises one's duty to an even HIGHER level than if one were merely a paid 'flunky'.

If you can't handle the heat, get out of the kitchen AFTER hiring someone who can.

eg. It does not require management skills to decide a reserve fund is necessary ...
It does require skill to draw up bidding documents and sort through the paperwork
involved in finding the lowest QUALIFIED bidder for any expenditures which have been
authorized by the volunteer directors.

"I did the best I could" does not mean one's Fiduciary Duty has been performed.

A good test of the 'business judgement rule' would be:
Would you have done the same things if it were your personal home and your personal money?

Would you have gotten professional (legal, architectural, engineering, arbhorist, etc) help and/or advice before spending your own money?

If not, are you prepared for the long term effects of the resulting sub-standard work .............. or would you take the attitude: "I may not be here tomorrow?"
HelenK1 (Washington)
Posts: 68
Posted:
Hiring someone who can is not as easy as it sounds. We had property managers for years and ended up with no money and almost everything in a state of disrepair. Our last one came up with a 1 1/2 million dollar complete renovation project for 34 low income units You do the math It would have bankrupted the association He and the former board tried to get the hoa to vote on the repairs without even telling us the cost. They said we had 2 choices 1 vote to repair 2. vote to demolish They evn brought in a lawyer to pressure us. We only found out the cost because after the meeting got completlely out of hand, the architect finally told us. This was also the same prop manger that we had when the 6 month granfathered clause elasped for the carports. When we staged a coup and took over the board, he told one homeowner that he had wasted his time working for us. What's that supposed to mean.Since then we have interviewed PMs that wanted to be paid 10% of the cost of the project for getting contractor (this was the one who sent a landscaper out to replace a water heater) PMs that wanted the operating account in their name only No board members on it, PMs that wanted to spend up to $1,000 a month without even nofifying the board And PMs that wanted us to use their contractors only (in itself doesn't sound bad but what if we don't like their contractors)Even the ones that don't sound too bad if we look them up at BBB they have several complaints. Why does my Hoa always get ripped off can apply to PMs also
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
Anyone see an answer that will serve our readers from all this? I applaud each and every one of you that have sacrificed and worked their butt off for your neighbors. But sad to say, nonw of this is new and has been repeated many times on this site. I do think we owe our posters our knowledge and our opinions about their specific issues.

I am not pointing any finger at anyone, I am just as active as anyone in all these threads, and great things have come out of this thread, but, for me personally, I am not so sure I did a good job providing guidance.
It is simply, over time, these things develope minds of their own and they will roll along for eternity.
Some of these threads have no real answers, just guesses because unless you are under the gun standing in the posters shoes, you have to guess. Plus, nearly always posters do not provide enough information and it comes piece meal, confusing the issues. We also have some new active members and I am sure all welcome them. They show great knowledge and major concern for HOA's. It is now and will remain an uphill battle to be involved at any level in the operation of an HOA.
HelenK1 (Washington)
Posts: 68
Posted:
I am sorry I may have gone a little overboard with some theraputic venting, but when someone says that hiring a PM will automatically solve an hoa problem of getting ripped off I have to disagree and show examples of why I feel that way Sometimes it is the PM that you have to watch out for. And sometimes an inexperience board will take the lowest bids ( which a high bid is no guarantee either)because they are trying to do everthing with a limited budget because homeowners do not want to or cannot pay more
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Helen,
You have nothing to apologise for and your posts show intelligence and experience. Just like this one, it would be hard to find fault with it. I was making an observation, it may not fit at all, it may not do much good, but maybe it will prove to be a help. We have a lot of "good guys/women posting on this site, it is seldom the bad guys/women hang around. Keep up the good work. What is said on here. for the most part, should be considered, vent or no vent, but, little of it is all right for all times.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Actually the definition of the business judgment rule is:

What a person in a like situation (meaning a board member or BOD of another HOA) would do in the same situation
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By MaryA1 on 02/26/2010 7:38 AM
John,

Actually the definition of the business judgment rule is:

What a person in a like situation (meaning a board member or BOD of another HOA) would do in the same situation

If you want to nit-pic:

"What a person in a like position ...................................."

A 'like position' (at least in South Carolina) would be a Director of a Not-For-Profit Corporation registered with the Secretary of State of S.C.
(this is governed by state law, not my/your opinion)

My (perhaps poor) analogy was intended as a common sense 'rule of thumb'
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

I was trying to nit-pick. What I posted is what the courts use when deciding a case based upon the business judgment rule. At least that's what I was told by an HOA attorney in AZ.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By MaryA1 on 02/26/2010 2:14 PM
John,

I was trying to nit-pick. What I posted is what the courts use when deciding a case based upon the business judgment rule. At least that's what I was told by an HOA attorney in AZ.

Did you mean: "I was not trying to nit-pick,"?

GOTCHA!
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Yeah, you got me.

Sometimes my fingers work faster than my mind -- and vice versa! LOL

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