|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
ThomasC2
(Pennsylvania)
Posts:26
 |
| 08/10/2008 2:20 PM |
|
At its inseption, our HOA controlled by the developer, hired (at his sole discretion), a property manager to oversee the interests of the owners.
We have just been informed that this same property manager has been appointed to tha BOD by the developer to interact with the owners on his behalf to avoid dealing with the owners through the soon upcoming Transition period.
Does this seem appropriate?
Needless to say, the relationship between the developer and the HOA has been distanced at best. |
|
|
|
|
SusanW1
(Michigan)
Posts:2316
|
| 08/10/2008 3:22 PM |
|
Like I have said before: it's his sandbox.
He can appoint or hire anyone to represent him at any time.
When the transition is complete, you (your fully documented HOA, run by the residents) can give this MC the boot.
Patience . . .
|
|
|
|
|
DonnaS
(Tennessee)
Posts:2948
|
| 08/10/2008 3:56 PM |
|
Thomas,
Welcome to the world of your HOA before turnover. Susan said it like it is. The Developer can hire, fire, change the Docs and basically ignore his HOA until he feels like doing otherwise. If he was really a smart good guy, he would not do it entirely his way but get the owners input on some things but he doesn't have to. Lets just hope that he doesn't do you too wrong as many have done. Keep your eye on him. |
|
|
|
|
ThomasC2
(Pennsylvania)
Posts:26
|
| 08/10/2008 4:15 PM |
|
Thanks Susan, Donna,
Now that you mention it, I do recall being told it was his sandbox.
Do either of you, at some point closer to the transition period, recommend we seek council to protect our interests? |
|
|
|
|
DonnaS
(Tennessee)
Posts:2948
|
| 08/10/2008 5:26 PM |
|
Thomas,
If you can afford it, then it is a wise thing to do but you need to do your homework first. Get a group of owners together, read and reread your Docs, find things that you don't like or have questions on. Make sure that you have an engineering study done before you accept the developement and association done. The more that you know about your assocaition, the better off that you will be when he does the turnover. Then you will save many dollars in legal fees right off the bat. |
|
|
|
|
KirkW1
(Texas)
Posts:1190
|
| 08/10/2008 6:25 PM |
|
| Part of how complicated your turnover will be will also be decided by what amenities you have. In our HOA, we only have a single wall/entrance. So there is not nearly as much to be concerned with. The developer had hired independent auditor every year of existence so the books were in great shape. While our developer didn't spend much time dealing with the people they did take care of business leaving us in good financial condition. |
|
|
|
|
ThomasC2
(Pennsylvania)
Posts:26
|
| 08/11/2008 6:52 AM |
|
Thanks Everyone,
We have formed a transition committee and hopefully they will proceed with caution. |
|
|
|
|
MaryA1
(Arizona)
Posts:2498
|
| 08/11/2008 7:16 AM |
|
Thomas,
Here's a "transition checklist" I came across. It may be helpful to your Transition Committee:
1) investigate the condition of the common areas, this would include any and all amenities
2) copy of reserve study
3) determine adequacy of assessments
4) copies of all pertinent association documents
5) copies of all previous budgets and financial records
6) copies of all contracts for services (incl. mgmt. co.)
7) title to common areaa
8) landscape and construction drawings
9) inventory of personal property
10) list of builders/subcontractors
11) list of owners (showing lot# and parcel #) and mortgage co's
12) copies of insurance policies
13) review status of deed restriction enforcement
Regarding the contract with the management co: your documents, or state law, may allow the board to opt out of the contract w/o penalties. It would be worth checking this out since you are not pleased with the manager.
One other note, the manager's job is NOT to oversee the interests of the owners", as you stated. The manager doesn't work for the owners, he/she has a contract with the HOA (the assn)to preform certain duties that the board members would otherwise do if the assn was self-managed. His allegiance is to the BOD. When the new board takes over at transition, they need to be aware of this. Too many boards allow the manager to make all the decisions when, in fact, it's the other way around. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
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.)
|
|