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ThelmaB
(Tennessee)

Posts:29

08/20/2010 10:36 AM
I am Secretary of my HOA, I have asked many times(Copies) for all Documents,contracts, etc. pertaining to 0ur HOA from the Manager of our HOA. I have been questioned as to why I need them, both from the management and the President. I need these to be placed in my file, so as to turn over to the new incoming Secretary, when the next Board is selected. The manager only replys to certain e-mails, he has not replyed for my request .Is there any action that is advised> I have been Secretary for 2 years and have not recieved records.

DanielH1
(California)

Posts:481

08/20/2010 11:02 AM
A Board Member, any Board Member, has an undeniable right to those sorts of documents. Without them, it limits your effectiveness as a Board Member. That being said, lots of people think and act like your HOA manager. I can't say why but, somehow, they think that it's none of your business or that it's not really their job to provide them. They are wrong. First, I would focus on getting the most important document and harp on that first. One document is easier than a whole bunch. Second, I would keep e-mailing and cc the entire Board. In time, the Board will get tired of your persistent e-mails and ask the manager to comply, simply to get you to shut up. Third, I would call the manager on the phone and make a direct request. "Will you send me this document or not?" "If not, why not?" "When will I receive it?" Keep calling. Fourth, if all else fails, put a motion on the agenda to "reprimand manager for poor performance". The manager works for the Board, not the other way around. If the manager refuses to obey requests from the Board or individual Board Members, the manager is insubordinate and deserves a reprimand. Even if the motion doesn't pass, an agenda item will embarrass the manager. If the agenda item is refused, you've got more serious problems ... your HOA doesn't understand that the Board is the manager's boss. I do not advise you to give up.

SusanW1
(Michigan)

Posts:5035

08/20/2010 11:03 AM
Well. what "documents" do you mean? For sure you should have CCR's, bylaws, minutes, Annual Meeting minutes and end of year reports, finanacial reports and IRS filings, etc. As far as contracts, SOMEBODY should have them in a binder and available for inspection. I commend your concern, but since you have a day to day manager and don't have the president's backing on this, then wait until they are due for renewal and get the copy then. Until then, the manager should have them available.

RogerB
(Colorado)

Posts:4647

08/20/2010 11:06 AM
Thelma, usually when an HOA has a management company they are the Registered Agent for the Corporation and thus maintain all of the HOA's records. The important documents such as governing documents, minutes, and financial reports should be maintained by all Board members. To make copies of ALL documents so the Secretary can maintain a duplicate copy would be quite an expense if I were your managing agent since I would charge for my time to retrieve, copy, and refile every document.

MaryA1

Posts:0

08/20/2010 11:17 AM
Thelma, Normally the sec is in charge of keeping all the corporate records, however, as Roger has stated, when there is a mgmt co they take over this resp. As Sec you may have copies of the minutes and financial statements but that would be it and those would be the only documents you should turn over to the new Sec.

ThelmaB
(Tennessee)

Posts:29

08/21/2010 11:42 AM
Thanks for all the replies. Susan what other is included in your etc. Also i am unable to even get info on when the contracts are to be renewed. i would think that a packet of copies of all contracts be given to the Board each, beginning of the new term. Can the Board do a motion or resolution that the President discuss all decisions with the Board before giving a directive to Management.All of the Board,doesn't know about a big project with Landscaping has already been decided on or what the cost is going to be. i just asked about what had been decided on this subject and the president advised me she had already given the management a directive for a go on the project. Is that only the Presidents decision. Should that have been put in a motion or should that be ratified at the next meeting. Any info would be most welcome.

ThelmaB
(Tennessee)

Posts:29

08/21/2010 11:42 AM
Thanks for all the replies. Susan what other is included in your etc. Also i am unable to even get info on when the contracts are to be renewed. i would think that a packet of copies of all contracts be given to the Board each, beginning of the new term. Can the Board do a motion or resolution that the President discuss all decisions with the Board before giving a directive to Management.All of the Board,doesn't know about a big project with Landscaping has already been decided on or what the cost is going to be. i just asked about what had been decided on this subject and the president advised me she had already given the management a directive for a go on the project. Is that only the Presidents decision. Should that have been put in a motion or should that be ratified at the next meeting. Any info would be most welcome.

ThelmaB
(Tennessee)

Posts:29

08/21/2010 11:47 AM
I am really not interested in the documents, per say. I am most interesed about the copies of contracts and on their renewals

RogerB
(Colorado)

Posts:4647

08/21/2010 11:56 AM
Posted By ThelmaB on 08/21/2010 11:47 AM I am really not interested in the documents, per say. I am most interesed about the copies of contracts and on their renewals Perhaps you could make a motion at the next Board meeting "all contracts, amendments, and renewals shall be approved by the Board of Directors annually AND EACH BOARD MEMBER SHALL BE PROVIDED A COPY OF EACH STARTING WITH THOSE THAT CURRENTLY EXIST. Often an Agreement provides for one Board Member (sometimes the President) to be the contact with a contractor. And that Board member coordinates approvals with the Board as required by the Board. If your requests are reasonable the majority of the Board will approve your motion.

MaryA1

Posts:0

08/21/2010 11:58 PM
Thelma, I don't know that it's necessary for each member of the board to have a copy of all contracts that are in effect. However, before a contract is let each member of the board should review it and approve it's award to a particular contractor. The Pres should not do this w/o first obtaining a majority vote of the BOD. The Pres is most like resp. for signing all contracts. He/She should also have a copy of all current contracts together with the manager or the Sec if the assn is self-managed. Since your Pres has a habit of doing things on her own, most definitely entertain a motion, or adopt a resolution, that all projects be fully discussed with the board before any action is taken. Also a motion or resolution should also be passed stating that all contracts must be approved by a majority vote of the board.

DeborahB6
(New York)

Posts:27

08/22/2010 5:57 AM
Thelma, We had the same problem obtaining contracts and had to be persistent in asking for them. Is your manager providing actual bids to the Board for review, or just giving the Board a summary of the bids? In my opinion he should provide the Board with sealed bids. The manager is an employee and should take direction from the Board. If your manager is controlling, it may be best to seek a new one. Others have provided you with excellent advice of how to proceed. Good luck! Deborah

ThelmaB
(Tennessee)

Posts:29

08/30/2010 3:44 PM
Deborah, thanks for your reply. The manager does not give the Board any info on any of the Bids. He gets the Bids, then makes the decision on who he wants to use. I, as a Board member know this is not the correct way to do things. It seems the President has given management complete control over the association. President tells me today that she will give me a copy of the management contract if she can find it.

SusanW1
(Michigan)

Posts:5035

08/31/2010 2:16 AM
If the board has approved a budget, the management company would handle the day to day application and, yes, make decisions on what contractor to hire to get the job done. Your job at the board level should be to oversee all areas of the HOA, not micro-manage. The management company should provide a list of all contractors, so the board can see who is doing what. That's what the managmenet company is hired for, as you will probably see in the contract.

DeborahB6
(New York)

Posts:27

08/31/2010 4:46 PM
I guess I did not state my previous comment as clearly as I should have. With major or more costly projects, I understand it to be the manager's responsibility to prepare the job specs and obtain at least 3 bids. The Board's job is to review the bids and make the decision of who to hire based on the details of the bids presented. If the projects are of a day-to-day nature, I agree with Susan that the manager can handle the work independently according to his contract with the Board. Deborah

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