DOES THE C.A.M. HAVE TO BE ON PROPERTY

Started by KevinJ1 • 8 replies • 1302 views

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KevinJ1 (Florida)
Posts: 51

Posted:

Hey,I have recently found out that Property Manager at our association is not the C.A.M. but is just the secratary.The C.A.M. who resides about 2.5 hours from our Association shows up a couple a times a month.Is this normal,I dont realy have a problem with that its more of being led to believe the secratary was the C.A.M. i was pretty mad that she could not answer simple questions about our documents or find that the info she did give me was wrong or way off compared to what the declaration,bylaws or rules and regs stated.Should the owners have been aware of this or is this normal practice...Thank you Kevin

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kevin,
I have a couple of ideas. First you need to see the wording and requirements of her from the contract that your asociation has signed. If it is spelled out that she only needs to present herself only a couple of times a month, then she is fulfilling that responsibility.

If she is not following her contract with you, then just fire her for breech of contract and hire another manager. No it is not normal procedure for a CAM to not know your documents, even if she has to look everything up, that is okay. A secretary should not be giving Document advice unless they are part of the P.M. team.

Are you aware that in Florida, every property manager is required to have a Professional Property Managers license thru the State if they are managing an association of more than 50 units? The C.A.M. is allowed to have a secretary on duty but the Association must allow it as it is wages coming out of your Budget OR it was covered by the original contract with the P.M. You need to find out from the contract

KevinJ1 (Florida)
Posts: 51

Posted:

Hey Donna ,thank you for your reply.(1) I wrote a certified letter to the board 2 weeks ago requesting any and all addendums,changes and all amendments to the declaration ,bylaws and rules and regulations.my condo documents state that our association is not under contract but the Board members tell me we are under contract.They still hav'nt gotten me the official records that i requested under 718 111 (12) they keep putting out news letters stating owners are in violation of rules and regulations and i cant find the violations in our rules and regs. so finaly someone calls me from jax saying they are the C.A.M.and i should have been talking to her all this time and not the secratary..but any way they wont give me the contract evan though i requested it.but i was informed that the secratary will have her license in a few monthes...Thanks Kevin

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KevinJ1: It is not unusual for a resident to be denied copies of contracts which the Board has signed with a contractor, Property Mgr., Landscaper, Snow Removal, etc.

Further, it is not necessary for a Mgr. to be on-site unless they are performing an on-site inspection for possible violations, or assisting in the review of the community for contractor services. Most other Prop. Mgr. responsibilities can be performed from their office location.

As far as your request for documents, you will need to review your own official documents (Bylaws) whereby they will state the process you need to follow in order for the Board/Mgmt. Co. to address your requests. To request anything without using the established process will not get you very far and you will only set yourself up for a big disappointment in wanting preferential treatment.

Re amendments, addendums, and changes, hopefully you were presented with a copy of the PRESENT Official CC&Rs when you settled on your unit. If you were not, that is certainly due you and your request is only a phone call away...to the C.A.M.!

KevinJ1 (Florida)
Posts: 51

Posted:

Paul,i wish asking would have gotten me the records i requested but everyone keeps telling me that there is no changes to any records,I know thats a lie because the board says we are under contract with the Management company now and they keep putting out news letters saying rules other than what are in our documents..the documents they sell are from 05 so i'm sure that there is some changes....

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KevinJ1:

There are Records and then there are records.....
The official CC&Rs can only be amended by a vote from the resident membership.
The Bylaws can only be amended by a vote from resident membership, and the documents dictate how this is done. However, Rules & Regulations (records, also) can be clarified and made more specific based on the official CC&Rs, and the Board, most times, has authority to do it without member vote.

The only real way you can know if the Board has made changes by not following the accepted process is to study the documents, compare them, then ask your questions of the CAM. It is important that you make yourself informed, and it requires work on your part. Use your energy to this end and you will be rewarded.

They (Board, Mgmt. Co.) are also able to prepare additional copies of the documents at member request, and charge the going rate for copying.

MissyS (Florida)
Posts: 73

Posted:

Kevin, you’ve been asking some really great questions. I’d recommend getting a book I purchased off amazon.com called “The Law of Florida Homeowners Associations” by Peter M. Dunbar, Esq. and Charles F Dudley, Esq. This book is not only easy to understand but also includes sample forms and documents for HOAs. In fact they give a complete list of Official Records that you are entitled to view which includes Management agreement, lease agreements and other contracts under which the Association is responsible.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Missy,
That is a great book to reccomend. I have looked at it and it is basically, everything that a resident/member needs to know. Thanks,

KevinJ1 (Florida)
Posts: 51

Posted:

Hey guys, Do you know if they have a book like that on Condo Owners Associations,.....

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