Poor Vendor Service

Started by MariaL • 9 replies • 1239 views

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MariaL (Florida)
Posts: 6

Posted:

I am dealing with a Lawn Maintenance company that continually does poor, sloppy work. I am in charge of this. I want to fire them and look for better companies. We have 6 people on our BOD. Two are "members at large" meaning they cannot always be at meetings because of their jobs. That leaves 4 members taking care of business. The problem is two of the members keep sticking up for this company. I know one member is dating the VP of this company and a conflict of interest is present (I have proof). The other member is "friends" with the dating member.

Do I bring up the "conflict of interest" at the next Board meeting and ask the member to be recused from any business discussions regarding the company? What about the member "friend". Should they also be recused (they obviously know about the dating)? Then I'd have to wait to make sure the two members at large are present so we could "vote". The problem is it could take "months" to get rid of this company! I have been documenting their poor service, informing the company, and the poor service continues.

Help!!

Maria

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maria,
You must have a contract with this company so you will have to deal with their service unless you can break the contract first. Working with the owner or a supervisor would be my first step. Document what you are so unhappy with and have that person do a walk thru with you, showing him what you are unhappy with. The if you get no satisfaction, bring in the contract and show them what they are responsible to do.

I see a problem because you have an even number of Board members. Never have an even number. What do your Bylaws allow as for number of Board members? Get that fixed asap then you won't have this split vote number.

The member who is dateing the V.P. should excuse herself from the vote but because she has a friend on the Board, doesn't mean that this person cannot think for herself and vote accordingly. Don't ever use the "I have proof" story. That is such a huge turn off and once that is spoken, you have postured yourself for battle. Doesn't matter who or what, it means I want to fight.

MariaL (Florida)
Posts: 6

Posted:

Donna,
Yes, we have a contract and I have been dealing with the VP, Maintenance Mgr., etc.

Our docs state 5 to 9 members allowed on BOD. In the past it's always been 5. This year only 2 people wanted to run, so we didn't really have an election. At the meeting 6 of us volunteered. How do you suggest we remove one?

If the dating member doesn't disclose their "conflict of interest" then are you suggesting I just let it go? What about my fiduciary responsibility to the community? Should I talk to the member privately and suggest they voluntarily disclose the info? I certainly do not want to "fight" or cause animosity on the Board. I am just concerned that we are paying a lot of money for service that is poor. It is bad business. I'm concerned that even talking to the member will not resolve this. After all, they can deny it even though I do have proof!

Maria

KirkW1 (Texas)
Posts: 1,665

Posted:

The next time it comes up, I would simply say something akin to "Fred, I am sure you are recusing yourself since you are dating the VP of the lawn company." There is no reason that his friend should be recused. Besides, that will leave your quorum in tact. If the one person votes for the company, it shouldn't matter if you have convinced the other (not dating the VP) that you should look for a new company. Besides, even friends will back off once the light is shined on one person's relationship has the light shined on it.

NicoleO4 (California)
Posts: 160

Posted:

I hear you on this one. One of our board members is bestest buddies with our mangement companies office manager and it's been a nightmare trying to work around that. Finally we ( majority) sent a message to our PM that if service did not improve and with that we listed specifics of our expectations we'd fire them.

It worked, and I am glad to say that the last few months have been much better.

I would suggest that all conversations regarding this matter ( not the personal relations ) be recoreded in your minutes due to the awkwardness of the situation it really needs to be recorded.. your concern or poor service, and that you'd like to entertain the thought of getting new bids to consider!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maria,
No, I not say that the Board member who is dateing the VP of the landscape company should be ignored or as you said, " should we let it go" She needs to be told that you feel that she is in conflict with this situation and should excuse herself from any vote on the landscape matter. What I did say was that her best buddy should not be forced to excuse herself as a conflict of interest just because they are friends. Hopefully she can think for herself. And the "proof" thing, I suggest that you better drop that unless you have proof that can be allowed in court. Our Judge would call all of that--"hearsay" and would be thrown out. You don't want to be the Board cop because that is totally counterproductive and will turn others against you.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Nicole - conversation should never be in the minutes! Actions only.

Motion that a letter stating displeasure in the service be sent ASAP. In fact, if you are head of the Landscape Committee, send it yourself. they need to know that they are being watched.

On any motion, let the vote stand where it stands. You can ASK the friend/lover/dating partner to recluse herself from this vote, but she does not have to. You will have to prove financial gain or extraordinary advantage for her to require her to be barred from the voting.

If, after one more service, the work has not improved, then again make a motion to change companies. Plow ahead and keep emotions and love lives out of the Board's business.

LaverneB (Florida)
Posts: 129

Posted:

First you have to think of it as a business. Get bids on 3 lawn services , go see their work they do . Bring it to the BOD and say pick one. If you are in charge just do it. People that are dating the workers should not have anything to say. Stand up tp them better yet take a vote from the homeowners. This will close the case. Good Luck. Laverne Fl

MariaL (Florida)
Posts: 6

Posted:

Thank you all for your excellent advice.

Maria

BridgetteC (Michigan)
Posts: 4

Posted:

Not only should you bring up any and all “conflicts of interest” It’s you job as a Board Member to ensure that all funds entrusted to you are utilized in the most effective way possible. As a resident I would be very unhappy to find out that the reason I am not getting the best possibly service available is because no one wants to rock the boat.
Ensure that all members are present, if this takes months then use that time to look into other alternative and have contracts ready to sign.

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