Get 2 months of free community web site hosting from Community123.com!
Thursday, November 15, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: 3 year contract
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
GlenM4
(Tennessee)

Posts:133


11/06/2018 12:44 PM  
We had a board member sign up for online payment system. (which i disagreed with from start but that's a different story. )


At the time the board member had 2 friends on the board and they voted yes (via cell phone) with out seeing any documents or contracts ect.. Now the cost of the online system is way to high and no one is even using it. paying about 80$ per month for nothing. So I made motion to cancel the online pay system. I had a 2nd. After that the board member that signed us up said we could not cancel cause it was a 3 year contract. And according to our CCRs it clearly states that we can not have any contract over 1 year. So my question is can they hold us to a 3 year contract?

thanks
RichardP13
(California)

Posts:3107


11/06/2018 12:59 PM  
Two options

1) Divide the amount among the three that voted for it and have them pay for it until the contract expires, or

2) Contact an attorney
SueW6
(Michigan)

Posts:325


11/06/2018 1:33 PM  
"They" (the company) don't care what's in your bylaws.

Ask your lawyer to get you out of this contract. But be warned it might cost you just as much as the $80 per month.

PS - WHO signed the contract? The entire Board is at fault for not doing its due diligence in reading the terms of this three year contract.

Just out of curiosity - what is "too much" cost for this service? Usually these kinds of services take a percentage of the payment transaction, not by the month.
GlenM4
(Tennessee)

Posts:133


11/06/2018 4:04 PM  
Posted By SueW6 on 11/06/2018 1:33 PM
"They" (the company) don't care what's in your bylaws.

Ask your lawyer to get you out of this contract. But be warned it might cost you just as much as the $80 per month.

PS - WHO signed the contract? The entire Board is at fault for not doing its due diligence in reading the terms of this three year contract.

Just out of curiosity - what is "too much" cost for this service? Usually these kinds of services take a percentage of the payment transaction, not by the month.





The treasure signed there name on it as the president , no idea why and cant say its entire boards fault , as i am on the board and i said 1) we can not vote over phone, and 2)where are the documents.. by that time 2 of his/her friends on the board said "i vote yes" ... "we have 3 yes so do it".

any cost is too much lol, we had 1 person use it in a year. right now they charge us 80 per month, unless they make more then 80 off the fees they charge us.
RichardP13
(California)

Posts:3107


11/06/2018 4:12 PM  
Posted By GlenM4 on 11/06/2018 4:04 PM
Posted By SueW6 on 11/06/2018 1:33 PM
"They" (the company) don't care what's in your bylaws.

Ask your lawyer to get you out of this contract. But be warned it might cost you just as much as the $80 per month.

PS - WHO signed the contract? The entire Board is at fault for not doing its due diligence in reading the terms of this three year contract.

Just out of curiosity - what is "too much" cost for this service? Usually these kinds of services take a percentage of the payment transaction, not by the month.





The treasure signed there name on it as the president , no idea why and cant say its entire boards fault , as i am on the board and i said 1) we can not vote over phone, and 2)where are the documents.. by that time 2 of his/her friends on the board said "i vote yes" ... "we have 3 yes so do it".

any cost is too much lol, we had 1 person use it in a year. right now they charge us 80 per month, unless they make more then 80 off the fees they charge us.



Are you guys self-managed? A management company wouldn't/shouldn't charge such a fee.
GlenM4
(Tennessee)

Posts:133


11/06/2018 4:15 PM  
yes self
GenoS
(Florida)

Posts:2466


11/07/2018 1:01 PM  
Self mis-managed is more like it. Welcome to the club. The value of having a management company to help keep the board on the straight and narrow should not be underestimated.
SteveM9
(Massachusetts)

Posts:3105


11/07/2018 4:48 PM  
So my question is can they hold us to a 3 year contract?


Yes, of course.

What needs to happen is you need to call the company, tell them who you are, and negotiate with them on closing the account. They may let you go no penalty, or they might charge you a fee. Whatever they tell you, you can go to the board with this info and vote to continue or end it. Then contact the company and tell them.
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement