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Thursday, November 15, 2018
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Subject: Board directive
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Author Messages
KP3
(Texas)

Posts:123


11/07/2018 7:18 AM  
We are in the process of moving on to another management company. The current manacompnay is ignoring board directive. What can we do?
RichardP13
(California)

Posts:3107


11/07/2018 7:32 AM  
Move to another manacompnay.
SheliaH
(Indiana)

Posts:2302


11/07/2018 8:25 AM  
If you're only working with your soon to be former property manager, you should be going over his/her head. Actually, your attorney may need to make that contact on your behalf.

While that's going on, I do hope you put together a list of tasks of what needs to be done by whom and when to ensure a smooth transition - if not, get going immediately (that could be a reason for the delay) and make sure there are board members who can help monitor the progress to make sure everything on the list has been addressed by the time the new company takes over.
KerryL1
(California)

Posts:5852


11/07/2018 8:48 AM  
Make sure, KP, that following the Board's directives are in your contract with the next company.
KP3
(Texas)

Posts:123


11/07/2018 8:59 AM  
Posted By RichardP13 on 11/07/2018 7:32 AM
Move to another manacompnay.




Hence my post..... ;)
KP3
(Texas)

Posts:123


11/07/2018 9:00 AM  
Posted By SheliaH on 11/07/2018 8:25 AM
If you're only working with your soon to be former property manager, you should be going over his/her head. Actually, your attorney may need to make that contact on your behalf.

While that's going on, I do hope you put together a list of tasks of what needs to be done by whom and when to ensure a smooth transition - if not, get going immediately (that could be a reason for the delay) and make sure there are board members who can help monitor the progress to make sure everything on the list has been addressed by the time the new company takes over.




We do have a list, but what would you suggest we don’t miss.... This is our first transition...
RichardP13
(California)

Posts:3107


11/07/2018 11:30 AM  
Actually this is something my company is dealing with right now. Have/had a Board terminate a contract because the management company told them that they could not spend the specified amount of money because it violates California Corporate Code. The HOA has had 6 meetings and can't follow the provisions of a contract on how to terminate. Unfortunately, they haven't been given very good advice from an attorney.

Remember, a management company does not work for the BOD, the work for the Association. We may be hired by the Board, can be fired by the Board, but our client is the Association. We have a choice when instructed to violate our ethical standards.

This client hired a new management company at double my price. Within 30 days and before officially taking over, they resigned. They hired another management company without informing the attorney I think they hired. The attorney had no clue on when the records were supposed to go. This is a partner in a rather large HOA law firm. I was shocked at how little they know about management companies and in particular how you transition from one to another.

To answer your question, what do you do? First, as Board members, know what your role and responsibility. If you are in the position of Board member to let someone like a MC run things, then you are the blame for things going bad.

I'll leave you with this. I worked with a lot of technology, but one in particular speaks for dealing with legal issues. In working with spreadsheets, they can do some amazing things, BUT you have to know the answer to something or how the formula works to ensure that the answers are correct. You have have lawyers interpret your governing documents and 5 lawyers can give you 5 different answers depending on what YOU want to hear, but you need to have pretty good reasoning capabilities to know that the answer given is actually reasonable.

Good luck to you
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