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HankV (Florida)
Posts: 29
Posted:
As a director, a resident emailed me with a request that we have an umbrella at one of the tables in the pool area. Made the manager aware of the request and was told one would be ordered. I emailed the resident with the response and cc the President and manager .I am now, told that the President and VP want the board to authorize this, which they do not want to have happen There is nothing in the documents covering this, and 2 other associations within walking distance have umbrellas in pool area.. This in my mind is and should not be a board issue, we have more serious problems.

JeffR7 (California)
Posts: 251
Posted:
Spending money is a board issue. This should be brought to the board and discussed in your next open meeting. When and if a positive decision is reached your property manager would be given a go ahead to purchase it. Just because another association has umbrellas it doesn't mean you automatically get one.
TimB4 (Tennessee)
Posts: 21,047
Posted:
Hank,

Did you have the positional authority to expend funds on this umbrella?

I ask because, per your post, the MC said they would order it - hence using your implied authority for the purchase.

Typically, the best response any Director or Officer can give a resident is "I'll make sure it's placed on the agenda and discussed at the next meeting."

Granted, your Board might have larger issues to deal with. However, this is an issue that every BOD must deal with. Who can authorize to spend funds and when?

Depending on your governing documents, you may have over stepped your authority. Since you are looking at bringing legal action against your Association, I would advise you to take extra care that you don't give the association opportunities to accuse you of the similar things you are accusing them of.

Tim
TimB4 (Tennessee)
Posts: 21,047
Posted:
oops. I mixed my Hanks up.

HankP is looking at bringing legal action. Not HankV.

Sorry about that.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The other posters are correct. This is exactly a board decision. Would you consider buying lightbulbs beneath your board as well? Your BOD is supposed to manage the money of the HOA and give the management company the authority to follow through with that decision. It may be as small as buying office supplies to a paver machine to lay down roadways...

Let me share a piece of advice that I received that changed everything...The HOA funds are EVERYBODY's money. The BOD is elected to represent the general membership in handling the everyday duties, enforcement of rules, and managing of money. The BOD is the controller of the checkbook of the all the members. How do you feel that should be spent? Should it be done without a vote or just because it can be done? Going to your managemement company instead of going through your BOD, would be the "Just because" option...Not very fair is it considering that the money is partly your money too. A HOA is ONLY funded by it's members FOR it's members...I'd hope you realize it takes a bit of cooperation and control to manage that properly...

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
The board hired a manager to handle the day-to-day operation of the association and delegated its authority to the manager. The board should have given the manager a budget and set limits on what he can or cannot do.

Let's put the umbrella purchase into perspective. The association has a pool. How much did it cost to acquire the property and build the pool? Pools require regular cleaning and chemical maintenance. How much does the association spend to maintain the pool each year? Pool equipment breaks down from time to time. How much do they spend on repairs each year? There is apparently some furniture already in the pool area. How much does the association spend on pool furniture? Finally, how much does the umbrella cost and how does that effect the overall cost of having the pool?

The problem with most HOA boards is that they are made up of people who lack experience in business, management, and law. Not knowing how to delegate, they insist on micro-managing everything. Not everything belongs in front of the board and the purchase of an umbrella for the pool area is one such a petty matter.
BradP (Kansas)
Posts: 2,640
Posted:
Based on Hank's post I wasn't able to determine their relationship with their management company. There are many different ways it can be set up. Bottomline, unless this was a budgeted item it should have board approval.
JeffR7 (California)
Posts: 251
Posted:
Larry, I might have agreed with you if there was an umbrella previously and it needed replacement. In this case it was something purchasing of something new.

If this is a 'no-brainer' decision it should take exactly 30 seconds to vote on.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
It appears the board officers want the entire board to vote on the matter with no mention that they're stifling discussion of umbrellas.

Items like umbrellas are tiny amenities and build rapport between a board and its membership in unspoken and often undetected ways IF the board has budgeted cash for such small purchases. Otherwise, stay outta my reserve funds or anticipated reserve fund deposits to pay for it!

Let the board vote!
SusanW1 (Michigan)
Posts: 5,202
Posted:
If there is a pool committee and they have a budget, then the purchase of the umbrella is a cosmetic things under that committee's budget. The board should be glad that the committee is overseeing the details of the pool area and step back.

I, myself, think that this is micro-managing. Boards forget that they don't have to personally do EVERYTHING, just make sure everything gets done.

I suppose a real factor in all this is how big this HOA is.

CarolR11 (Colorado)
Posts: 2,563
Posted:
I agree with those who argue that this common area purchase is certainly up to the board as a whole at an open meeting unless HankV has specific authority to make such purchases.

This isn't just a matter of cost, and certain types of umbrellas are quite expensive. It's also a matter of color, fabric choices, sturdiness of its stand/infrastructure, sun fastness of its canopy, maintenance requirements, and type of style.

We do have a committee that's charged with suggestions for common area amenities, etc., which I chair. I'm also on the board. We don't have a budget and all or our recommendations must be approved by the board. A recent item was the addition of a large clock in the pool area so that users don't have to bring their watches. Our committee reviewed possibilities (there are many) online, submitted 3 pics/specs to the board and recommended one clock to it.

Yes, in 30 seconds the board approved this $90 purchase.
HankV (Florida)
Posts: 29
Posted:
I would like to thank all of those who took the time to respond.
There are two small tables that did have umbrellas at one time.
The manager can spend on his own up to $ 300.00 for general
maintenance items or expenditures. I did as previously mentioned
speak with the manager about the request, he felt that this fell
under his preview. It is my concern that we have a manager who
has his (CPM) and is familiar with our documents.
At each board meeting we have a managers report at that time
He can inform the board of items that were handle sense the last
meting ,along with informing the board of any major expenditures
coming up. It appears we have board members that feel they need
To control everything that goes on, and ok only items that suite
Them. What options are there?

HankV (Florida)
Posts: 29
Posted:
I would like to thank all of those who took the time to respond.
There are two small tables that did have umbrellas at one time.
The manager can spend on his own up to $ 300.00 for general
maintenance items or expenditures. I did as previously mentioned
speak with the manager about the request, he felt that this fell
under his preview. It is my concern that we have a manager who
has his (CPM) and is familiar with our documents.
At each board meeting we have a managers report at that time
He can inform the board of items that were handle sense the last
meting ,along with informing the board of any major expenditures
coming up. It appears we have board members that feel they need
To control everything that goes on, and ok only items that suite
Them. What options are there?

TimB4 (Tennessee)
Posts: 21,047
Posted:
Hank,

Based on this additional information, I would concur that this item was under the property managers authority to make the decision and make the purchase.

It's also a nice wake up call for me that additional questions typically are always needed. It's also a good reminder for all posters that members of this forum can only reply based on the information that is provided. What might be common knowledge to the poster is not common knowledge to those they are asking opinions from.

Tim
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I'm discussing umbrella purchases for my community pool this coming season. We drop good money for "good commercial umbrellas" that get destroyed every season. I'll take to the board an experiment to purchase multiple $60 to $75 umbrellas an see if they last beyond the wind or thunderstorm that seems to kill our $200-plus umbrella.
CarolR11 (Colorado)
Posts: 2,563
Posted:
As much as I respect and appreciate Tim's wise advice and observations, I disagree with his most recent post.

Perhaps in HankV's HOA, directors can instruct the mgr. to purchase something. In my HOA, no director has such authority. We directors also have no authority to direct management to do anything. Only the board acting at a meeting may direct management or any of our other vendors.

Our manager does have the discretion to make certain expenditures without board approval such as repairs of various kinds. This sounds like HankV's manager, who may spend limited funds on "general maintenance items or expenditures." Umbrellas, though, are not maintenance items, they are common area amenities. That there were umbrellas "some time ago" (How long ago? Why are they gone?) doesn't matter.

Honestly, it sounds to me as if HankV wants to go behind the board's back because he doesn't think they will support his request. Why do some directors oppose umbrellas, HankV?

TimB4 (Tennessee)
Posts: 21,047
Posted:
Carol,

I can respect that.

Based on Hanks previous posts there appear to be personality conflicts between the Pres, VP and Hank. We are only being told about the issue based on Hanks perception. If more of the story is known, I might change my opinion again.

My initial question to Hank was if he had positional authority to purchase the umbrella. His latest response was no but the manager did and it was the managers decision to purchase it. We do not know how Hank reported this purchase (I had the manger purchase an umbrella vs. the manager replaced the broken/missing umbrella) so we can only guess at what the perception of the other board members might be.

Knowing of the personality conflicts, it would have been interesting to see if the President and VP would have made this an issue had the report of the purchase been made by the manager instead of Hank. Of course, since this didn't happen, we will never know if the issue is the purchase or just the fact that Hank reported the purchase or a perception that Hank authorized the purchase vs. the manager using his authority (properly or improperly).

Tim
HankV (Florida)
Posts: 29
Posted:
Thank you again for the insight.
With regards to some comments that have been made.
For the sake of time I gave the Cliff Notes version.
1st as a board member I will pass on any request made
By a resident, I will not screen any request or concern given to me
I do not, nor do I pretend to have the authority
To spend the association money, however the manager does.
The manager could have said that he felt the board should
Handle this, then I would have told the resident that this
Is now a board issue and that they may want to come to the next
board meeting and plea the case. I also owe all the members
Of our community a timely response to any and all questions
That they have concerning the community.
No more the 24 hours from the time of the request ( I requested
That the resident email me the request so that I would have
A hard copy and that it was not just from me.)
I have found that if you are willing to put it in writing it is important
With regards to the President & VP my response to the resident
Did include the president and the manager, I have enough emails
To handle with regards to my business and members of our community.
The President if he feels the issue requires all of the boards attention
He can and should copy all brd members. A little common sense goes a long way
Perhaps next time we should just tell our members go and take
It up with the manager, he has all the time and has
Nothing better to do.
I will always work for the resident they are down here to have fun
and those that have skin disorders CAN use the pool also.......

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