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Subject: We need a new management company
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Author Messages
KristinH
(California)

Posts:8


02/06/2011 5:37 PM  
We have had a number of a problems with our current management company and need to find a new one. A serious issue has come up that we feel we need a more competent, professional company to guide us. We plan on interviewing at least 3 or 4. we have a couple in mind from referrals. The BOD plans on meeting soon to develop a proposal & interview questions (I've read some suggested questions from previous posts on this site).

How do we get a copy of the management contract without notifying our present company? None of us were on the BOD when we contracted with this company. (Many of the previous BOD members have moved)

Is 3 to 4 companies enough to interview?

Can we include other homeowners or develop a committee? Do all the BOD members need to be present (one member is out of the country for an extended period and we do not feel we can wait until he is back)?

Any other suggestions to help us organize and be as efficient as possible? any other suggestions to help us to hire the right company?

Thank you!

TimB4
(Virginia)

Posts:3229


02/06/2011 5:54 PM  
I suspect from your post that the Association Secretary is not maintaining the Association records but is having the management company do it (personally, i think that this is not a smart idea but many do it this way). Therefore, just have the Secretary ask the current management company for the Association records. Explain that the board wants to review them. This should have all of the contracts, etc.

If the management company asks why, just explain that the board wants to take a more active role. Remember, the MC works for the Board, not the other way around.

Tim

KristinH
(California)

Posts:8


02/06/2011 6:33 PM  
thank you Tim. Right now the secretaries only function is taking minutes . Although our management company is full service, we have not had much guidance in the way of our responsibilities. That is another reason why we want to change. Our BOD will be meeting by ourselves next week-end. In the meantime I will contact the secretary about obtaining the contract. I'm afraid asking for the contract will be a red flag but as you say...they work for us.
Any other suggestions you may have will be greatly appreciated.
Regards,
Kristin
RogerB
(Colorado)

Posts:4645


02/07/2011 9:04 AM  
Kristin, whenever an agreement is signed there should always be two copies with original signatures of both parties on each copy of the agreement. The HOA should maintain a file of all agreements and keep them for at least 3 years after the agreement expires. If your HOA does not have a file copy of the current management agreement then request a copy from your MC. If asked tell them your copy must be somewhere in the achieved files but you can not find it.
DanielH1
(California)

Posts:481


02/07/2011 1:30 PM  
If you are a Director, you can ask the management company directly for the contract. As a shield, you can say, "There's been a lot of confusion about what the management company's job actually is. I'd like to have the contract so we can explain in black-in-white what the management company is and IS NOT responsible for."

If they refuse to give it to you, say, "I am now asking you, in my official capacity as a Director, to give me a copy of the contract which is needed for me to do my job." If they still refuse, ask: "What reason do you have to refuse to give me the contract?" Eventually, they will cave and give you the contract.

I think that 3 or 4 companies is enough. Out of 3 or 4, you will probably find at least one that you find acceptable. Often, you'll only have a few full-time management companies available in your area (as opposed to people working out their garage, people who are part-time managers/part-time real estate agents and other Mickey Mouse operations).

You can include homeowners or have a committee but the manager will ultimately be hired and be supervised by the Board. So, it is vital that the Board hire a company that they have confidence in and want to supervise. I think that finding a manager is best left to the Board but having one or two other people involved is ok.

Not all Board Members have to be present. Unless your docs say otherwise, a simple majority of the Board can make a decision in executive session to give notice to the existing company and also hire a new company. It doesn't need to be unanimous usually ... unless you want it to be or you need to do something by unanimous consent.

I suggest appointing a "point man" to communicate with the manager candidates. That helps keeps things coordinated.

I suggest hiring a management company that has a web site with lots of functionality for your Board and your homeowners. No reason to hire a Neanderthal management company.

I suggest visiting the office of the management company candidates to verify that they have real offices.
KristinH
(California)

Posts:8


02/07/2011 2:17 PM  
Thank you everyone for all of your suggestions. It truly was very helpful!
Kristin
MelissaP1
(Alabama)

Posts:1915


02/07/2011 2:48 PM  
Why not tell your management company that your BOD is wanting to take bids for NEW Management companies? Tell them you would like to have them place a bid in. This way they may submit their existing contract and new options. Plus you may find out the terms on WHEN the contract is to expire. This is IMPORTANT to know when your contract ends to know when to get a NEW company. Plus their may be penalties for cancelling.

As a rule, we ALWAYS had a 3 contractor limit on ALL bids. You can interview MORE but narrow it down to the TOP 3. The lowest bid isn't necessarily the best. It's best to have bids with "dream options" just so you can explore a little.

I always included the existing contractor whenever collecting new bids. This gave them "notice" and allowed us to renegotiate terms if necessary. Plus I was able to set NEW term limits on new contractors that changed yearly allowing future boards to be flexible.

Former HOA President
KristinH
(California)

Posts:8


02/07/2011 8:27 PM  
Hi Melissa,
Thank you for your advise. It's not a matter of renegotiating terms with our present company. The problem is poor performance and we have tried to take steps with the them to remedy it. Unfortunately this last incident was the last straw.
Did you include the property management company in your bidding process even if you knew that the BOD would not grant them the bid?
I agree with your advise, I think we will probably research more than 3 companies but decide to interview 3.
Thanks again
MelissaP1
(Alabama)

Posts:1915


02/08/2011 6:49 AM  
My issue involved a Landscaping company. There were some serious issues and he even asked for a raise my first week in office! I used that to my ADVANTAGE... Having him be part of the re-bidding process allowed me to negotiate terms and understand the existing terms. It gave me insight on what I should be paying and what we should be paying for. It became the basis of if my bids were high or low. Worst case I would have to keep him if he fit the needs no one else could fill.

Including the company in the bidding process freed up ALOT of communication. It helped learning what daily issues they faced and what they wanted to improve. I was able to take these lessons and apply them when I interviewed NEW companies.

I feel this is a PROFESSIONAL way to handle changing companies. There's no endlessly complaining and talking bad about them. Include them in the process and they will understand when you cancel the contract the proper way.

Former HOA President
KristinH
(California)

Posts:8


02/08/2011 8:21 PM  
Hi Melissa,

Okay here is the whole story:
Unfortunately there is no way we would consider this company's bid. We need to fire them. They frequently fail to follow up on things & have put the BOD and homeowners at a liability and safety risk. The BOD is busy looking over their shoulder rather than attending to the big picture. Examples: poor personal skills with the homeowners, using an unlicensed contractor for major repairs, (Although I mentioned this to mgmt ,they continued to send him to bid on major work), consistently high bids from their "preferred" contractors (One bid was $3000 higher than the two I obtained), and poor workmanship by the “preferred” vendors when they get the job. These are just a few examples of many.

We spoke to the owner a few times about our concerns and finally demanded that he assign us a different manager. Unfortunately, we continue to have problems. Last June the fire marshall found some deficiencies during a routine 5 year inspection. We were not notified of the inspection nor the report until the end of August. Our due date for compliance was early September. We hired a company to get our building up to code. That is what everyone on the board understood. We found out just last week that the company did not certify us ..they found several other issues after testing the system. We only found out because I called the company to ask questions. The management knew about this and the report since late August but never forwarded it to us. The cost to remedy this problem is high. I called the fire marshall to explain the situation. I am going to meet with him on Friday to see what we can do. This is really a job for the management company but I fear they will not handle it competently.

This was the last straw. We need guidance from a more professional, competent company ASAP. We should have looked for other companies a few months ago but we wanted to try to work things out with the owner. This process of interviewing and hiring will be difficult. All of us work full time and it will be hard to schedule several meetings within a short time frame. I just hope there will not be a problem with breaking the contract.

MelissaP1
(Alabama)

Posts:1915


02/09/2011 6:31 AM  
You are forgetting a MAJOR item... There are TERMS to the contract pertaining to letting them go. You can't just fire them and walk away. There is a CONTRACT. This is why I am suggesting you INCLUDE them in the process. You get to view the contract and get the DATE in which the contract expires. Your best to wait until that date for no overlap issues or possible lawsuits for ending the contract illegally.

Your NOT firing them but NOT renewing their contract which fair enough for everybody.

Former HOA President
DanielH1
(California)

Posts:481


02/09/2011 11:01 AM  
I've heard that some HOAs have contracts that renew automatically every year. But, in my area, all the contracts are 30-day or 60-day or occasionally 90-day notice, maybe with a one-year initial commitment.

Allowing your current management company as a bidder might work for some. For me, the companies are run by individual people who take it personally when a contract is given notice on or not renewed. They'll use it as an opportunity to neglect the HOA for the remainder of the contract and do mischief and sabotage.

In both cases that my HOA removed the management company, it was clear that, despite every effort, the management company simply was not going to be able to meet basic expectations. Multiple efforts had been made to improve performance to a minimally acceptable level but it just didn't work. So, allowing the previous management company to bid would just be a charade.

We got a hold of the contract, figured out what it took to give notice, then got proposals, did interviews, negotiated and signed a contract with a new company.
JonD1
(New York)

Posts:706


02/09/2011 12:27 PM  
It seems this Board has several issues which they have failed to consider but must before moving forward.

They haven't held a copy of their current contract. Do they have copies of the other documents which serve their property? If and when you notify your current MC they are being terminated the level of cooperation you have had with them MAY decrease considerably. In plain terms they might play hard ball with you to punish you. It has happened in the past and may happen in your case.

Just what will be the basis for hiring the new MC what contract terms will you require? What contract will you use? And on what will you base this decision? Who will determine what is required and what you do not wish to have included in your agreement?

Changing MCs can be a difficult and time consuming process. The grass might seem greener on the other side but getting there requires lots of effort and time. Simple change is not the answer.

As for terminating the current contract I would suggest you read and understand completly what it says and the terms contained within. Not what you want to hear or read. You could be sued for breach of contract if you fail to abide by the details contained in the contract you do not have a copy of.

Perhaps you are putting the cart before the horse.

Someone needs to dot the Is and cross the Ts before you move forward or you might find yourself worse off than now.

And meeting with potential replacements might be good first start but how about meeting with or visiting other properties they currently manage. Are their other properties satisfied? That would carry a lot of weight with me.

Good luck.

FredB4
(Ohio)

Posts:185


02/10/2011 6:19 AM  
We had a similar situation.
I agree that you need to just ask for a copy of the contract.It is your right to have a copy and no explanation is really necessary.I doubt if they will ask.
We discovered we had nine months left before we could change companies or have to pay the remainder of their management fees as a penality.
We stayed through our contract and gave our 90 days notice as required. That 90 days was the best service we ever received from the old company.
The old company offered to lower their fees and work on any issues we had with them. Like you, we had already expressed our dissatisfaction and problems with little results so we decided to go ahead with the change.
Any professional company should not take your moving to a new company personally and understand that it is only business. Changing management companies is not unusal and they have probably been on both sides of that fence.
Some associations leave a management company only to return later so they probably will want you to leave with as good an impression of them as possible.
KristinH
(California)

Posts:8


02/10/2011 7:05 PM  
Thanks everyone for your input. It was very helpful and I will be sharing this with the other board members.

My statement "we need to fire the management company" was a figure of speech. We have no intention of firing them until we have seen the contract, interviewed & decided on another company. What I meant was that there was no point in having them bid; We will not hire them. As Daniel said, it would be a charade, not to mention the wasted time and energy.

We are meeting to brainstorm & get the process going. We have been unhappy with their performance for sometime now.The last straw was the incident with the Fire Marshall. Now the whole board is convinced we need to get rid of them. I don't want us to procrastinate any further.

We are trying to get a copy of the contract from the previous BOD before asking the management company. Next we need to decide what type of expectations & services that we want from a company. Based on that, we need to develop questions for our interviews. That way if our contract terms are favorable, we are prepared to start the interviewing process.
Thanks again everyone.

Kristin
RobW
(California)

Posts:279


02/11/2011 6:07 AM  
Hi Kristin,

We're currently going through this process in my community, and we've been through this nightmare with 5 or 6 different management solutions in the 24 years I've been living here. People are fed up with the management company for all the same reasons: lack of responsiveness, lack of follow-through, lack of guidance, poor performance, hiring incompetent workers and letting them stay on, long after it becomes clear that they are wasting the Association's money. The list of grievances has become absurdly long.

Let me reassure everyone here that the contract you have with your management company can be canceled for breach. If my description of our management company sounds like yours, you can sever your relationship with them - probably with at most a 30-day notice - or even at will. Talk to your HOA attorney about it, if you aren't sure.

On the reticence to tip off the management company that you're shopping around: There is nothing wrong with being completely upfront about it. If they don't already know that you're unhappy with their performance, there's something wrong on both sides. Once they find out how dire the situation is, they are not going to want to lose the account, and will go out of their way to please you if they believe you are on the verge of firing them. The worst thing that can happen to a management company that serves the HOA market is to get fired for poor performance. It's a small world, and word will get out.

What even a mediocre management company is likely to do if they believe the account is in jeopardy is try to save it. Somebody higher up the food chain than your rep will become personally involved if the account is big enough, and will suddenly appear, trying to smooth ruffled feathers and make promises for better service. Sometimes that's enough to fix the problems - at least for a while. At least it will buy you time.

But let me play devil's advocate for a moment:

What is the possibility that at least some of the failure of the management company to live up to expectations may have something to do with lack of knowledgeable and experienced people serving on the Board?

How much of your own Board's responsibilities have you simply palmed off on the management company?

Are there homeowners in your community who take it upon themselves to interface with the management company without the Board's knowledge?

Why doesn't your Board have copies of all of the contracts your HOA has with vendors? Can you blame that on the management company?

When is the last time your Board sat down with the management company and formally reviewed their performance?

Are there expectations the Board has of the management company that aren't defined in their contract?

These are rhetorical questions, by the way. I have seen, and am seeing it now in my own community, a type of feeding frenzy occur that seems very much like what happens when a marriage is on the rocks, with a lot of the same dynamics. But a new management company, like a new wife or husband, is not going to change anything except the flavor of the pudding.

The place to start, as you mentioned, is with yourselves. Brainstorm the things that you don't like about the company's performance, and get it all down in writing. Then brainstorm what they've done right, or what you wish they've done right, and write all of that down too. That becomes the basis for your wish list for a new management company, and also the bullet points that need to go into the contract you sign.

Finally, brainstorm your own performance as a Board. Somewhere, something went horribly wrong, and while you can't straighten out the management company, you can correct your own mistakes. It's a painful process, but it will pay off in the end.

Keep us posted of the progress, and I'll do the same.


Rob

SamuelD1
(California)

Posts:1


02/11/2011 12:28 PM  
Kirstin,

We have just been through what maybe a similar situation. A year ago we fired our management company and in March we will celebrate our one year anniversary with the new company.

Our complex is in the Bay area so we might be able to help, depending on your location.

Sam
JonD1
(New York)

Posts:706


02/11/2011 3:51 PM  
Posted By RobW on 02/11/2011 6:07 AM
Hi Kristin,

We're currently going through this process in my community, and we've been through this nightmare with 5 or 6 different management solutions in the 24 years I've been living here. People are fed up with the management company for all the same reasons: lack of responsiveness, lack of follow-through, lack of guidance, poor performance, hiring incompetent workers and letting them stay on, long after it becomes clear that they are wasting the Association's money. The list of grievances has become absurdly long.


Rob:

I would like to comment on some of your points. First, I have seen where the MC decides to punish the property when they become aware they are to be terminated.
And as in this case many MCs have documents, passwords,keys,contact information, contracts, contractor billing records etc. IF they were to decide they were losing the property no matter what their level of effort it can get ugly I have seen it. And as you suggest the world MCs operate is very small and in most cases word spreads fast. My guess the first time Kristen and her Board contact another MC about taking over the property word will be out before the sun sets.

And as to your comments about breach of contract. Do you understand the legal standards for proving a contract was breached? It is not simply thinking the MC failed to perform their job. Especially, when the Board may have never required anything more. So the Board beleives the MC is to blame for the fire marshall inspections my first question would be what was the role of the Board? What were their instructions to the MC? When were they given? What did the members of the Board do to avoid this issue? You can't say it was someone else's fault when you as supposed to direct that someone else. Especially, in court when you are being sued. I would read the contract carefully (when they are able to obtain a copy of the contract under which their MC operates and now have found fault with the MC's performance without even knowing the terms of the contract. Quite a feat if you ask me. Just what is the MC required to do under the contract? The Board has no idea.) and then I would have a HOA attorney read the contract and explain in plain English how, when and why you can terminate this MC. But that's just my 2 cents.

Now on to your comments about the role of the Board in this case and many others.
It is rather simple the MC works for the Board. The MC does not do the Board's job. The MC takes direction and instructions from the Board or they should. Now if you have a Board that has turned everything over to the MC and basically given away their authority it is NOT the MCs fault rather IMO the blame falls on the members of the Board.

Like many other relationships the less you ask for the less you will get. If you don't demnad and require service you will get less service. In this case it might be we have a group of once-a-month Board members who have no real idea of the day to day operations of the property just that once a month they attend a meeting and do their duty. It doesn't work that way.

And then as I have seen and read about so many times the MC suddenly needs to be replaced and they alone are at fault. The Board well they were unaware or asleep at the wheel. The problem by replacing the MC you have left the root cuase of the problem intact. THE MEMBERS OF THE BOARD!

One recent post here detailed how 12 members of a property showed up to a meeting and demanded the MC be terminated. The Board who have worked with this MC for 10 YEARS folded like a cheap suit and severed ties with the MC. So much for working together. No one on the Board had issues just the 12 angry owners.
AND AS IN THAT CASE MY NEXT QUESTION SHOULD BE RATHER SIMPLE IF YOU CAN'T FORM A POSITIVE WORKING RELATIONSHIP WITH THE LAST MC OR MAKE CLEAR WHAT IS REQUIRED OF THEM TO SATISFY THE BAORD AND THE PROPERTY OWNERS HOW COULD YOU POSSIBILY DO IT WITH A NEW MC STARTING FROM SCRATCH?

WHO DRAWS UP THE CONTRACTS?
WHO REVIEWS AND EDITS THE TERMS OF THE CONTRACTS?
WHO DETERMINES WHAT WILL BE REQUIRED OF THE NEW MC?
WHO WILL SERVE IN THE ROLE OF MAKING SURE THEY PERFORM?

OR BASICALLY WHO WILL ACTUALLY DO THEIR JOB?

MY GUESS NOT MANY TAKERS. IN TODAY'S WORLD YOU HAVE LOTS OF TALKERS AND FEW DOERS. MOST PEOPLE WILL PAWN OFF THEIR JOBS TO WHOEVER WILL TAKE THEM AND MANY BOARDS ARE GUILTY OF THIS BEHAVIOR.

In my opinion if one part of this team is to blame BOTH have some responsibility.
That's why in many cases you see a constant turnover of MCs in an attempt to correct the problem when that will not cure the problem.



DanielH1
(California)

Posts:481


02/11/2011 4:25 PM  
Aye, the Board may share some of the blame.

But changing the Board (and its collective method of operation) is much, much more difficult than changing the MC.

In many ways, the MC is like the CEO of a company. Firing the major investors who make up the Board in a company is impossible so firing the CEO is a second-best solution. In the end, the Board and the MC/CEO are a combo and, if the combo is failing, you make a new combo. To make a new combo, you get rid of the MC, even if the MC might have been successful with a different Board.
RobW
(California)

Posts:279


02/12/2011 12:56 AM  
Jon,

It appears you and I are simply not communicating. I take full responsibility. I'll rephrase it: If the management company fails to honor the terms of the contract, then they are in breach of the contract. If they are in breach, the contract is already invalidated. Yes, you would have to prove it, if it came down to it, and yes, you need to keep careful records, and yes, if you turn over all record keeping, all filing, all keys to the management company, then you have put yourself in an untenable position. Nothing I wrote suggests otherwise.

The second half of my post has me playing devil's advocate, which puts a lot of the burden for the failure of the HOA/management company relationship on the Board members. I stand by that position. It's easy to blame the management company for everything, and at the end of the relationship, "feeding frenzy" is an all-too-apt description of how things fall apart.

I also stand by what I said about how out of touch both sides would have to be if the management company had no idea they were about to be fired. If you've had different experiences, then I can't argue with you. I'll just take you have to say at face value. I've had completely different experiences, and I personally believe everything should be laid on the table, from start to finish. That way, you don't have to remember who you told what to, and maybe if there was more honesty from the start, there wouldn't be such churning BS to have to wade through at the end.


Rob
JonD1
(New York)

Posts:706


02/12/2011 6:16 AM  
Posted By RobW on 02/12/2011 12:56 AM
Jon,

It appears you and I are simply not communicating. I take full responsibility. I'll rephrase it: If the management company fails to honor the terms of the contract, then they are in breach of the contract. If they are in breach, the contract is already invalidated. Yes, you would have to prove it, if it came down to it, and yes, you need to keep careful records, and yes, if you turn over all record keeping, all filing, all keys to the management company, then you have put yourself in an untenable position. Nothing I wrote suggests otherwise.

The second half of my post has me playing devil's advocate, which puts a lot of the burden for the failure of the HOA/management company relationship on the Board members. I stand by that position. It's easy to blame the management company for everything, and at the end of the relationship, "feeding frenzy" is an all-too-apt description of how things fall apart.

I also stand by what I said about how out of touch both sides would have to be if the management company had no idea they were about to be fired. If you've had different experiences, then I can't argue with you. I'll just take you have to say at face value. I've had completely different experiences, and I personally believe everything should be laid on the table, from start to finish. That way, you don't have to remember who you told what to, and maybe if there was more honesty from the start, there wouldn't be such churning BS to have to wade through at the end.

Rob:

I think we agree alot more than you realize. My point about the breach of contract would simply be the Board's view that the MC is in violatyion of the terms might NOT satisfy the legal requirements. Many Board members live under the "feeling" or what "should be" doctrine. And when they are brought to court learn it's actaully the letter of the law that matters. But as in this case when the Board doesn't even have a copy of the existing contract IMO in would be impossible to determine who if anyone has breached the terms of that contract. I would hate to hear this or any other Board made their own determination to find out later they were in error and suffer the consequences. And my point was if you haven't bothered to obtain a copy of the MC's contract what other documents or items essential to the operation of your property have you left in the sole possession of the MC. Not good policy.

The second half of your post I agree with totally. This Board as many need to look at themeselves as to what role they have played or allowed in where the property stands. You treat people how to reat you and what you are willing to accept. If the Board fails to do their job unless you are VERY fortunate in havinbg a self motivated MC that cares for YOUR property more than you well you should not be surprised when you get little service, or their best effort.

People move towards the lowest level of expectations over time. And IF the members of the Board failt at their jobs then it is hard to hope the MC carries the load for both parties.

I thought your point was well taken and I AGREE!

So thanks for the thoughts and enjoy your weekend.
RobW
(California)

Posts:279


02/12/2011 8:11 AM  
Jon,

Good to see we're on the same page, after all.

As I mentioned earlier, we're currently in the "feeding frenzy" stage in my community, in which no current or former Board member is willing to accept responsibility for any problems, and all woes can be blamed on the MC. This is just human nature, I suppose, and I get to be the thorn in everyone's side, consistently pointing out that mistakes have been made on both sides. It's a role I don't mind playing, but it's starting to wear me out.

I really don't want to go through another process of firing and replacing a management company. It is a huge project in a community as old as ours (1974), requiring that Board members take time off from work to accomplish it; instead, I'd like to see if we can find a way to make the current situation work for both entities. Unfortunately, unless people here deliberately refuse to continue to take part in the feeding frenzy, the situation is going to deteriorate to the point where it can't be salvaged.

On the contract subject under discussion: I'm betting the MC is not holding the only copy. Somebody on the current or previous Board - probably the president, and maybe the treasurer - had to sign it. Ordinarily, when two parties sign an agreement, each retains a copy.

On the subject of failed expectations: that's the reason most relationships end, whether we're talking business, romance or friendship; and they very well may be expectations that haven't even been stated, much less defined in a written agreement. Those are the worst, and won't hold up in a court of law as actionable.


Rob
KristinH
(California)

Posts:8


02/14/2011 12:40 AM  
I tried to post this yesterday but my computer was not working
Hi Rob,
Your reply was very helpful especially playing devils advocate. I believe much of our problems are due to lack of experience and knowledge. I was invited to serve on the board when another member resigned. It's a long story but suffice to say that most of the BOD members started to serve around the same time. We did not get much mentoring about our responsibilities. For example, the board asked me to take the role of treasurer. The previous treasurer (an attorney) and MC told me that it was “not hard” and that all i need to do is sign the receipts & send them back to the MC". That was more orientation. Since then I’ve tried to take a more active role but there still is a great deal to learn.

Jon,
Your reply had some good points but I have to take exception with a few of your comments. Having said that I realize that you do not know us or how we function. First, we are not takers, we work very hard. I spend a great deal of my free time working for the HOA and I feel that we have had to take over many of our full service MC’s basic responsibilities. Past experience has shown us the MC has difficulty following through on direction, needs, or any other problems. Moreover, we have not had a constant turnover of MC’s, we have had two changes during the 15 years that I have lived here.

Second, I have to defend the board’s action on the fire marshall incident. We didn't know we were due for an inspection, I don't know how we were suppose to know unless the MC or fire marshall told us. We were not notified of the Fire Marshalls report until months later. That’s when we found out there was an inspection. We took immediate action as soon as we were aware there was a problem. In retrospect we should have known that the fire equipment company needed to do more testing. I claim ignorance; we honestly believed that the fire marshal inspected and the purpose of the fire equipment company was to help us get up to code The MC did not tell us differently. We should have asked more questions..

I appreciate both of your input. It certainly has given me more insight. I’m not trying to make excuses, I know that the BOD has some responsibility; I just had to take issue with a couple of the comments.

The BOD is meeting today to start the steps in transitioning to a new company & to examine areas that were we could improve. One of the previous board members, an attorney, is looking for the contract. She believes the property manager's contract with us was on a month to month basis.

Sam,
I'm sorry, I thought I replied to your post. Unfortunately we are in the Los Angeles area. I’m glad you are happy with your present MC, it would have been a great referral

Have a good Sunday.I will follow up with the result of our meeting tomorrow
Kristin

JonD1
(New York)

Posts:706


02/14/2011 6:31 AM  
Kristen:

You are correct I do not know you or your fellow Board members.

My comments that you refer to were in reference to the cited property that allowed 12 owners to push for the removal of the MC. Not your property or your Board.

My question if they didn't know a problem existed with the former how could thery possibily pick the replacement?

Glad to hear you folks are working hard as a new group with little time serving there is quite a learning curve.

That's why I don't support term limits or Board recalls. The question no one ever bothers to ask is "Who will take their place and how will this affect the property?" And I think staggered terms is a very good idea. Most people who never sat on a Board have no idea what is involved. Some even think it's quite easy. Some who have sat on a Board don't know either because they've done little.

So then who will run the property when everyone is brand new?

Good luck with your search for a new MC.
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