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Subject: Mgmt Company presence at Violation Special Meeting
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Author Messages
BenP1
(South Carolina)

Posts:2


09/30/2019 5:43 PM  
They are not welcome but no doc speaks to it. what to do?
NpS
(Pennsylvania)

Posts:3758


09/30/2019 6:54 PM  
Tricky question.

MC works for you. If you don't want them there, you have the authority to exclude them.

On the other hand, MC probably doesn't want you to hear complaints against them. They'll give you all kinds of reasons why you shouldn't. And there are a few good ones - like - do you really want to set up a one-sided discussion.

Maybe you start the meeting with just owners first. And then invite the MC to join you later.

Sikubali jukumu. Read all posts at your own risk.
SheliaH
(Indiana)

Posts:2701


09/30/2019 7:03 PM  
Is it possible the management company discovered the violation (or claim they did) and a representative will be there to give the company's side? Has the Board authorized the property manager to do inspections of the community to identify violations? That could be another reason why management is there - and you might want to have them there to hear what they say so you can address whatever points they bring up.

You also asked about a covenant committee in another thread on this board, which indicates this is your first go-round with rules enforcement in your community. However this one ends, you may want to take a longer look at the process or lack thereof, and make some suggestions to the board to ensure fairness. For example, I believe rule enforcement policies should include an appeals process so homeowners have a chance to explain themselves and they should be notified of that process in the letter.
MelissaP1
(Alabama)

Posts:8601


09/30/2019 7:36 PM  
Do not know how the MC's contract is set up. It could be the MC role is to be present at such meetings. I find that sometimes the MC's role in the HOA can be blurred. The MC is a hired contractor to the HOA. (I still hear Richard's voice...) Which the HOA looses sight of. They can let the MC take over.

So not surprised the MC would be present at Board or violation meetings. The HOA may feel it needs the additional guidance. It's not like they are professionals. Just your neighbors who feel there is a violation happening that needs corrected.

Former HOA President
KerryL1
(California)

Posts:6632


10/01/2019 5:26 PM  
With Melissa, read your contract to see if the PM can or should attend. In many HOAs the PM writes meeting minutes.

I'm curious about why s anyone does not want them to attend.
SteveM9
(Massachusetts)

Posts:3362


10/01/2019 5:53 PM  
Management company is a hired vendor. No different than the lawn mowing guy. They can be fired at any time.

You may ask them to leave if you want, but they may be there to ensure your doing everything correctly.
SuzieE
(California)

Posts:20


10/04/2019 3:09 PM  
We had a similar situation in which we wanted to discuss the budget and the MC (obviously without he MC being present). The MC was persistent and insisted they be present at the meeting but we simply informed the MC that the Board was not requesting their presence at the meeting and their presence was only required when the Board requested it. You should ready the contract your HOA has with the MC to see if it states the MC must be present at all meetings. Keep in mind that our Board was usually self-sufficient when it came to running meetings because we did want to eventually move away from being dependent on the MC and the Board didn't need prompting for the usual necessities of the meeting (call to order, motions to approve, motion to adjorn, etc). We also wrote our own meeting minutes as that was included in the job description of the Treasurer. For Boards who typically leave this task for the MC - it's really a simple task. You don't need to summarize the entire meeting and every comment made. I found some examples/templates to follow using a simple online search or you can use a copy of previous meeting minutes and follow that as a template.
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