Follow up to MC Walkout

Just wanted to come on and see what you guys have to offer on this. President called the MC yesterday and today he called our Pres back to say he would not agree to any meetings with the board unless it's civilized. We need to appoint a new VP as our VP resigned, in part due to this mess and other personal reasons. Anyway, MC told President he'd like to approach the board and get us to agree that he would waive his monthly fee rather than put back the missing $2,300.00!! I am at a loss on what we should be doing here. He asserts he didn't know that his former bookkepper opened our account with the wrong amount and that he never noticed the additional money in his own account as he didn't reconcile his books. He apologizes for his lack of watching over his own employee amd attests that it is as simple as "human error". As you all know, he refuses to let us out of our contract which is now going on 6 months old. Should we insist the money is put back? Otherwise won't it look "shady" to the homeowners? Also, should we call a meeting and let the homeowners know we are only now catching the mistake with the opening balance and that the brand new MC won't let us out of our contract? His words "buy me out". Last should we appoint a VP or wait until the homeowners meeting in May? By-laws say you can run a board with three positions.

Larry:

Guess you made that clear. And I agree 1000%.

The MC took YOUR money and missed the fact it was in his personal account.

The when you catch his "error" he takes offense and demands you buy him out.

Are you out of your frickin mind.

Now the only thing I disagree with would be firing him now.

My guess this Board is not in possession of all the necessary records nor has any plan to operate in the event this MC was fired.

This will be their next issue.

Sounds to me like the MC may have acted in a manner that violates the law. Now he is demanding he be allowed to offer his poor services in lieu of repayment.

Nuts to that!

With all due respect sounds like the members of this Board have no clue how to handle Board matters nor deal with people like their MC on a personal and business level.

He stole $2,300 and got caught now he feels he has the right to make demands and this Board is unsure what to do.

Someone needs to step up and do something. Or continue to roll over and play dead.

Thanks Larry. I did contact an atty, he said that the Board has to send a letter expressing dissatisfaction w/his services, cleary state the reasons why we believe he is in breach, give him 30 days to comply or the contract can be voided unless he complies. He is betting on the fact that we are ignorant of alot of the rules because we are new. He said his bookkeeper reconciled the account and he never checked. The original MC closed the account and made out the check to him personally. They never provided a copy of the opening check, saying it was a web transer. As sec'y I sent a letter to the prior manager and told her to produce our records (she still hasn't -- we have NOTHING, she says she is having computer problems that she will resolve and then send us our records). sigh. You are correct, we will demand the money be put back by XX days. We don't even want to continue to pay him for another day.

So this MC is complaining to the board president that you and the treasurer and micromanagers and he can't get any work done. Yet when given the chance to get out of the deal he stomps his feet and says buy me out. This guy sees your association as his private retirement account. You and the rest of the board have a fiduciary duty to the rest of the members. Get yourselves a good lawyer who will write demand letters to your current and previous MC and get your records! Only then will be you able to determine if any other money has gone astray and you can take appropriate action then.

As to your VP question, what do your docs say about it? We have to do it at a board meeting but we meet once a month. I would encourage you to meet sooner than May, you should be able to do this action at board meeting, simply appoint someone with board majority to serve the remainder of the term.