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LauraR2
(West Virginia)
Posts:41
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| 06/14/2008 7:34 PM |
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| I am looking for an example of a contract. Our small (33 lot) POA has never had a contract before with the people who mow along the side of our road. Can anyone share an example of a contract for something similar (with names deleted, of course)? Thank you in advance for your help! |
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SusanW1
(Michigan)
Posts:2183
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| 06/14/2008 7:35 PM |
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Any company you deal with should have its own contract.
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LauraR2
(West Virginia)
Posts:41
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| 06/14/2008 7:44 PM |
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| Ohhhh, we (D&O) are just feeling around in the dark here! We just have a couple who has done it in the past. They aren't a "company." |
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SusanW1
(Michigan)
Posts:2183
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| 06/14/2008 7:51 PM |
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My first response is: WHY are you dealing with a "non" company? Liability should be of concern!! Anyone who is performing services for the HOA and is using machinery should have business insurance. What if a rock flew up and hit him, or someone walking by?
Deal with a reputable company and ask for a written contract. We get our community center's lawn and common areas mowed every other week in the summer, then every 3 weeks in the Fall; spring cleanup, too.
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GlenL
(Ohio)
Posts:1377
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| 06/14/2008 11:00 PM |
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| Laura I don't know if this will help you or not but this is an old mowing contract from our condo complex with the names removed. I also removed the footers with our complex name the year and page number. i.e. Happy Days Condominium Mowing contract 2001 page 1 of 3. We also require proof of insurance including Workman's Compensation and a copy of the vendor's business license. |
Attachment: 161402835771.doc
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RobertR1
(South Carolina)
Posts:2159
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| 06/15/2008 7:58 AM |
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Glen,
Thanks for this. It was just what I needed and didn't know it. We recently reviewed our Landscaper control at a meeting and I just didn't like it but was unsure why. You showed me what made me feel the way I did.
This contract forms stuff might be worthy of a separate thread. Does anyone else feel uneasy about how their contractors aggreements are written. I understand this is highly dependent on the physical plane of the association by I also know that if you don't revisit all this stuff foor your association, the initial contracts seems to dilute their effectiveness over time. |
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RyanK
(Minnesota)
Posts:4
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| 07/24/2008 9:04 PM |
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Robert,
As someone who has written landscape service agreements, I would be happy to give my $.02 in reviewing any specific parts of an agreement that you are uneasy with. There are at least as many vendors who present a low price to get the contract and then nickel and dime you with contract terms, as there are vendors who are straight forward. I always enjoy reading agreements from other vendors.
Ryan |
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RobertR1
(South Carolina)
Posts:2159
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| 07/25/2008 1:18 AM |
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Thanks Ryan,
If our sitution clears up a bit, I will be seeking your input. Not that I pull the strings around here, but I am not timid of expression and providing considered advice to any Board or committee.
Our detour to landscape success follows the lines of many condos. Over the years the landscapt motivation settles into a relationship of what the contractor can can do increase their bottom line, what the manager has self decreed to be the extend he is going to enforce the contract and expend the time and energy necessary to do so, and a well worn habit of an entrenched board to, over the years, work for the status quo and minimal involvement so the sailing is smooth and nowhere is heard a discouraging word. To some that constitutes success. And those with this kind of bent believe if no one complains, all is well, and then, one day they find they are in a hole looking for a way out. That is when words like job descriptions, contracts, audits, accountability, resignations, recall, sue, and a bunch of other, start flying around the association like flocks of nesting birds.
IMHO |
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RobertR1
(South Carolina)
Posts:2159
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| 07/25/2008 1:22 AM |
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By the Bye Ryan,
Why not paste a copy of a contract you would use for a condo one one for a HOA. Glan did that exact thing and if it an immediate help to us. |
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LynnoraR
(Maryland)
Posts:41
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| 07/25/2008 7:51 AM |
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I'd like to piggy back on your comment regarding having a licensed and insured contractor performing mowing services for your community. Just recently (July 3rd) our contractor was mowing the property in our back yard common area and one of the mowers rammed a unit owners fence; they tore the back fence up.
We found out about the incident the next day (July 4th), took pictures and called the contractor on July 5th. The contractor contacted us about 2 1/2 weeks later and claimed that the damage existed prior to his mowers being back there. We know that is not true because we witnessed the homeowner have her front and back fence completely refurbished and powerwashed in early June. We even spoke with her contractor that did the work in hopes that we can contract for some of his services personally. Anyway, the contractor has denied any wrongdoing in this matter.
We advised the contractor that because this incident happened on her private property, we cannot pursue this unless the homeowner chooses to do so first. If so, we will stand by her and provide her with our sworn witness statements as well as all documention to the contractor.
My question is this; should we (the HOA) have the insurance information of ALL contractors on hand in our files??? I think we should. Isn't this common practice for most HOAs to have this documentation in hand prior to the start of the contract? Could we file a claim directly with the insurance company and allow them to investigate?
I think its extrememly important to have a licensed and insured mower... anything can happen!! |
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