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MaryB3 (Maryland)
Posts: 21
Posted:
I have been asking for a copy of our management contract (I am on the board) since October 13, 2004. I have asked many times over the past two years and have been ignored until recently when one member said we had one done in the early 1990's. I was told that it renews automatically every year.

Have you every heard of such a thing? How long is your contract and how often do you put out an RFP?

Help
CharlesW1 (Georgia)
Posts: 826
Posted:
MaryB3,

I too am a board member and our MC will renew the contract if we (the current board) do not end the contract by the first of every year. I would advise them that If you don’t receive our current contract by the end of the week, you will be compelled to search for another MC” I don’t see why you shouldn’t. If you have tried everything else then it’s worth trying.
This is my first year as a board member. This has been regular practice in my community.

Best of luck
Chuck W.

Charles E. Wafer Jr.
GlenL (Ohio)
Posts: 5,491
Posted:
ï»żOur Declarations prohibit the contract from being over three years in length.

ï»żSection 5.2. Professional Management Contracts. The Association may delegate all or any portion of its authority to discharge its responsibilities under Section 5.1 above, to a manager or managing agent. However, neither the Association nor the unit owners will be
subject to any management contract nor agreement executed prior to the assumption of control by the unit owners, as provided in Article IV, Section 4.2, for more than one years subsequent to that assumption of control unless such contract or agreement is renewed by a vote of the unit owners pursuant to the By-Laws. Any such management agreement shall not exceed three (3) years and shall provide for termination by either party without cause and without payment of a termination fee on ninety (90) days or less written notice.

Studies show that 5 out of 4 people have problems with fractions
HaroldS (Arizona)
Posts: 906
Posted:
Automatic renewal since 1990? No changes to the contract since then? Amazing. Does that mean there has been no increase in fees since then? (Is this why they are getting rebates from their vendors?) If so, wouldn't the board have to approve any increases or changes which would require a new contract? Even if there is only the one contract from 1990, shouldn't it still be in a file and available to you as a board member? Very strange. Harold
MaryB3 (Maryland)
Posts: 21
Posted:
In my opinion - our relationship with anything the MC touches is strange.
MaryB3 (Maryland)
Posts: 21
Posted:
Can you tell me where to find this site so I can quote it?
MaryB3 (Maryland)
Posts: 21
Posted:
Of course there are increases!
GlenL (Ohio)
Posts: 5,491
Posted:
Mary the section I cited is from our CC&R's, I suggest you read yours, the section that allows you to hire a MC may also have language about regulating the contract. Too many Boards are unwilling to deal with problems because they are afraid someone will not like them anymore, so they pass the problems on to future Boards. Kinda like the congress does.

Studies show that 5 out of 4 people have problems with fractions
GerryC (Maryland)
Posts: 4
Posted:
Mary,

You might want to check your state statute as it may be that you are entitled to your Association's records as a unit owner. If that is the case, please remind your MC as well as your fellow board members that you have a legal right to receive a copy of your MC's contract.

Good luck!
MoiraB
Posts: 2
Posted:
I hate to ask but what is a CC&R.
JoeS4 (Kentucky)
Posts: 77
Posted:
In our state the length a contract by a board elected annually can be enforced is one year, in other words you cannot sign contracts longer than your term length on the board, it may vary in other states, however I think its more of a corporation law than state law. Check it out
RogerB (Colorado)
Posts: 5,067
Posted:
Joe, I have seen Boards that are not aware of their Declaration of Covenants, Conditions, and Restrictions (CC&Rs) sign contract for greater than 1 year. In which case the HOA can be ldgally held to contract regardless of the CC&Rs. Most management companies get around the one year limt by stating "and shall continue thereafter until ....".

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