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Subject: Authority of the hired HOA Management Offices Manager
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Author Messages
AlexM1
(Oklahoma)

Posts:177


08/30/2017 2:30 PM  
Most HOAs have hired a Management office. That Management Office then has a hired "manager" that works with the HOA Board. My question is that that "manager" who works for the HOA board is demanding that the Board cannot get together to talk about anything unless the manager is present. If there are five members on the Board two members can get together because it does not constitute a quorum. In other words, the Board can not, in essence get together to talk about anything unless that "Manager" is present. Is there any way around this anomaly?
GwenG
(Florida)

Posts:552


08/30/2017 2:54 PM  
This is not an anomaly. This may be an example of a poorly-written management contract and/or poor communication. Or, this might be an example of neither Board nor CAM knowing/respecting boundaries.

Of course there is a way around it. The way is for the Board to define clearly the duties, responsibilities and obligations of the Management Company (MC). If MC employs the CAM, the CAM is subject to their direction. If the CAM steps out of line, as in this situation, the Board needs to contact the Management Company and ask that duties be clarified with their CAM.

It sounds like your CAM may be trying to control the board by insisting on being included in informal meetings that are not board meetings (and do not constitute a quorum).

While it is customary for the CAM to attend Board meetings, it is by invitation of the Board and for convenience. Generally, the CAM provides a report to update ongoing property matters and may be assigned new tasks to perform. The Board is under no obligation to invite the CAM to ANY meeting.

Members often complain that MC "takes over" for the board making it the de facto board. Do not relinquish too much apparent or actual control to the MC. MC is a hired hand-not an extension of the Board.
AlexM1
(Oklahoma)

Posts:177


08/30/2017 3:12 PM  
Thanks Gwen for your reply...I still am not sure which direction to take. The community management office(hired by the HOA) has the manager assigned to our HOA and they leave no doubt but what they are in control and I actually resent it but see myself graspi9ng at straws to allow our Board to work freely. The main hold up is that the assigned Manager(manager for the management company and NOT for the HOA). That Manager said that if members of the board are seen together, we could be reported. I supposed if I see a board member down the street, I could wave at him/her but run in the opposite direction. In my mind, there is NO doubt but what the assigned manager AND the management company want absolute control over the HOA.
GwenG
(Florida)

Posts:552


08/30/2017 5:28 PM  
Alex, Nip this in the Bud.

There is nothing wrong with board members being seen together. Board members would be wise to avoid gathering as a quorumed group as the "optics" may be misunderstood, but if the entire board is gathered at a social function, there is not a thing wrong with that.

Now, a board quorum gathering at a one of the director's homes in a closed social cocktail hour is another matter. It might be perfectly innocent, but it appears to be an unannounced board meeting...

The CAM is using an excuse to control--and this is not a good sign. It will only get worse. Who hired this MC? A board majority can give them notice, per your contract. Has anyone on the board met with the MC about its performance? Perhaps the new board is not a "match" with the management style of the MC and it would be best to part ways before things turn ugly.
KerryL1
(California)

Posts:4386


08/30/2017 5:31 PM  
Alex, read your contract with the MC. What does it say about this topic???
AlexM1
(Oklahoma)

Posts:177


08/30/2017 6:55 PM  
There is absolutely NO doubt that the CAM is wanting TOTAL control.....backed up by and in cahoots with the MC. We have money and all of the condo assoc. that they manage are BROKE....
GenoS
(Florida)

Posts:1633


08/30/2017 7:57 PM  
Call your own board meeting. Give the usual notice to the homeowners, whatever that might be. Do not invite the manager. What's he gonna do about it?

Examine the contract with the management company carefully. I can't imagine it gives the management company (or its manager) the right to control board meetings to the point where the board has zero power. Also look at what notice is required to get out of your contract with the management company. It's pretty standard to be able to get out of those with 30 days notice.

Is there a state oversight agency or licensing authority for property managemers? If there is, consider filing a complaint against the manager. Don't let him/them push you around.
JanetB2
(Colorado)

Posts:3642


08/30/2017 9:24 PM  
Posted By AlexM1 on 08/30/2017 2:30 PM
Most HOAs have hired a Management office. That Management Office then has a hired "manager" that works with the HOA Board. My question is that that "manager" who works for the HOA board is demanding that the Board cannot get together to talk about anything unless the manager is present. If there are five members on the Board two members can get together because it does not constitute a quorum. In other words, the Board can not, in essence get together to talk about anything unless that "Manager" is present. Is there any way around this anomaly?


Simple ... You inform your Management Company that they are an EMPLOYEE of the Board and it will be a cold day before they should DICTATE to their employer on how they will handle their business. YEP ... took care of that BS ... If they don't like it fire and replace them.
JanetB2
(Colorado)

Posts:3642


08/30/2017 9:52 PM  
Alex ... keep in mind your Board of Directors has the ultimate responsibility for your HOA, including any actions taken by your Employees and which your Management Company is an Employee. If your Management Company causes a problem the buck will not stop with them ... it will stop with your HOA Board who was supposed to oversee their Employee. It appears the sub-employee of your Management Company is a control freak and trying to tell his employer what he as an employee can or cannot do with regards to his position. Your Board is the entity who sets the limits and is supposed to control.
TimB4
(Virginia)

Posts:14861


08/30/2017 10:55 PM  
Have the Board call a meeting. Include the management company and the current manager.
Explain the issue and:

A) See if an understanding can be worked out.
B) If need be, request that a new manager be assigned to your Association.
JohnC46
(South Carolina)

Posts:7010


08/31/2017 6:19 AM  
Posted By JanetB2 on 08/30/2017 9:52 PM
Alex ... keep in mind your Board of Directors has the ultimate responsibility for your HOA, including any actions taken by your Employees and which your Management Company is an Employee. If your Management Company causes a problem the buck will not stop with them ... it will stop with your HOA Board who was supposed to oversee their Employee. It appears the sub-employee of your Management Company is a control freak and trying to tell his employer what he as an employee can or cannot do with regards to his position. Your Board is the entity who sets the limits and is supposed to control.




I agree. Time to kick the MC's butt. They work for you.
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