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Subject: Management and Difficult Board Member
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Author Messages
CourtneyS2
(Texas)

Posts:20


05/19/2020 12:10 AM  
Our MC is operated by our previous declarant and the developer. We are no longer under the Declarant.I asked our MC to see copies of our contracts since we've never seen them. We didn't receive anything as new members not the CCR or By Laws. Well one of the board members became upset because I asked for this. The President left and we never had a vote for director positions. I notified MC of that and they didn't care. Just recently I worked on a project that was approved I got received quotes. Well once this member learned I got the quotes they were livid. I followed all the steps notifying everyone and the MC filled out all the paperwork. The person sent a nasty email to all the members and the MC and Owner. Saying I would be the reason for a lawsuit. Board Member said our MC needs to be the only point of contact. MC responded saying the same thing. However, saying I did nothing wrong but said going forward they need to be the point of contact for everything. They don't want us to do anything except approve/deny Architectural Request, and report violations. What is the purpose in having Board Members?
TimB4
(Virginia)

Posts:16778


05/19/2020 3:32 AM  
The MC works for the Board, not the other way around.

The Board may specify what the MC will handle and what the Board will handle.

Bottom line, the board is always responsible for Association, regardless of who does the day to day work.
CathyA3
(Ohio)

Posts:953


05/19/2020 5:40 AM  
While board is in charge, individual board members do not have the right to do things on their own unless this action was voted on and approved by the board as a whole.

In our community, the PM is the one who handles getting bids from vendors. The PM has the contacts with vendors and knows which ones have a track record of doing good work, and may also get favorable pricing because the PM's company sends a lot of work the vendors' way. This is what we pay the PM for, and it is unlikely that individual board members can do a better job.

That said, there was no harm done in this case, just wasted effort on your part. Live and learn.
CourtneyS2
(Texas)

Posts:20


05/19/2020 6:10 AM  
This has been done in the past by other members and it's never been an issue. Getting a quote doesn't equate to approval. With regards to this project the MC didn't know where to begin or who to install the item for us.This was approved by the Board. This Board Member never responds to emails has missed several board meetings, and doesn't attend events but complains about everything. It seems like the MC is acting as the Declarant.
JohnT38
(South Carolina)

Posts:300


05/19/2020 6:48 AM  
Posted By CourtneyS2 on 05/19/2020 6:10 AM
This has been done in the past by other members and it's never been an issue. Getting a quote doesn't equate to approval. With regards to this project the MC didn't know where to begin or who to install the item for us.This was approved by the Board. This Board Member never responds to emails has missed several board meetings, and doesn't attend events but complains about everything. It seems like the MC is acting as the Declarant.




We also have gotten our own quotes, with the MC'S knowledge so that we don't overlap efforts. Some of our best vendors have been found this way. The contract with our MC is only for 5 hours per week and this is simply not enough time to get things done in a timely manner. It's been a win-win situation for both of us.
CourtneyS2
(Texas)

Posts:20


05/19/2020 6:51 AM  
I feel like the Board thinks we work for them and they are still the declarant. They purchase things without telling us make decisions without our approval and the other two Board Members say absolutely nothing.
MarkM19
(Texas)

Posts:602


05/19/2020 7:07 AM  
Courtney,
I have a few questions.

1) How many units or homes in your HOA?
2) Condos or Single Family?
3) How old is your development?
4) Were you Elected to the Board or Appointed by the Board?

I always preach about when homeowners boards take over from a Declarant the PMC should change. The Declarant always hires PMC that they know and the relationship is much different than when HO Boards take control. You only mention 1 other board member that is running things. How many total Board members are on the board and are they active?

With any new job you have to ease your way in and learn the ropes before making getting over involved. It scares the people in power and makes them fear you. I would suggest asking tons of questions and have your eyes wide open for a few months before breaking the china.
BillH10
(Texas)

Posts:495


05/19/2020 7:15 AM  
Courtney, I'm confused.

Are you a member of the Board?

Is this a HOA or condominium?

Do you have copies of your Bylaws, Declaration, and other documents? Have you asked for them?

Have you asked to review association records? To whom did you make that request? What was the response?
ND
(PA)

Posts:440


05/19/2020 7:27 AM  
I'm confused by your scenario also and who is involved and what their roles are.

So far I'm tracking you (not sure if you're just an HOA Member of a Board Member), a Board Member who became upset, a President (who is a different Board Member I assume), the MC (who is operated by declarant/developer), another Owner perhaps . . .

Need to make sure you understand who the players are so you're communicating with them appropriately and your expectations are realistic given their roles.

The MC is a contractor that essentially works for the Board. Their contract will indicate what they have been hired to do for the association. If the contract includes writing specifications/RFPs, obtaining bids, and presenting those bids to the Board for decision, then that is something where they should/could be the primary contact/coordinator.

But that's not to say the Board should be uninvolved or cannot do things themselves if the Board agrees and the MC is informed of the adjusted roles.

CourtneyS2
(Texas)

Posts:20


05/19/2020 7:30 AM  
Hi Mark,

We have 750+ units
Single Family Homes
Development is 12+ years
I was elected to the Board by Association Members.

We didn't hire the MC they just transferred over during the transition almost 2 years ago. We have a total of 3 members on Board. Myself and another member are up for re-lection this year. The other member wasn't voted on by the Association. There were no other names on the ballot. The MC just added them to the Board. I ask questions however, I continuously get shoot down or ignored.
MarkM19
(Texas)

Posts:602


05/19/2020 7:46 AM  
Courtney,
Thanks for filling in some blanks for us all. A 3 member Board for a Community your size seems a bid odd. It could make things easier to change. All you need to do is get re elected and if you can get another strong person on your side you 2 would have the voting power to make changes. This includes the role of the member that is Pro MC.

I am fairly new to Texas only being here for a little under 4 years but I have seen a few PMC contracts that the developer signs just before exiting that goes for 3 additional years. This is wrong in my opinion and should not be legal. That being said if you are able to work with the other board member you should be able to start looking at who the next Management Company might be. My community just changed this year and I am very happy getting away from the Developers PMC. It is a night and Day difference. We went with a fairly small Company in relation to the last PMC but is has worked out great so far.

Good luck
ND
(PA)

Posts:440


05/19/2020 7:55 AM  
It sounds like a very large neighborhood that has essentially been managed/run by the MC/declarant/developer for approx. 10 years and then sort of transitioned to homeowner "control" approx. 2 years ago. I say "sort of transitioned" because it doesn't seem like there was a thorough, smooth, focused, and complete transition event that made clear the fact that responsibility for control of the HOA transferred from the declarant to the homeowners.

It's likely that since the MC/declarant/developer had been in control so long, and the MC is apparently owned/controlled by the declarant/developer, they have been reluctant to relinquish much of their control and responsibility to a Board who does not yet seem to know and understand that they are the ones who should be calling the shots.

I'm not trying to criticize as I'm sure you are doing the best that you can, but the developer/declarant hasen't done you any favors by not making things smooth or providing the documents/tools/assistance that you need.

I think your Board Members need to get together (virtually perhaps) and discuss this whole thing and get on the same page with each other on what's going on and who should be doing what. Your Board of 3 are together the ones who are in charge and responsible for decisions made . . . not the MC.
AugustinD


Posts:3364


05/19/2020 8:09 AM  
Posted By CourtneyS2 on 05/19/2020 6:10 AM
This has been done in the past by other members and it's never been an issue.
Courtney, for clarity of communications, would you please consider using "director" anytime you mean "board member"?
CourtneyS2
(Texas)

Posts:20


05/19/2020 8:16 AM  
Thank you'll so much for your advice. I would like to meet with the board members. I don't know how I would handle the discussion being that one Board Member is okay with the MC having control and the other Board Member doesn't have a clue of what's going on. Any advice.

Thank you
MarkM19
(Texas)

Posts:602


05/19/2020 9:19 AM  
Courtney,
You need to try and work with the board member that does not have a clue and get him/her to understand that things need to change. That being said are you willing to lead the change? If not then it probably will remain the same.

If you are up for re-election this year that tells me that you have been on the board for about 1 1/2 years. That is a pretty long time to put up with these issues.
GeorgeS21
(Florida)

Posts:2681


05/19/2020 5:39 PM  
C,

Can you quote the portion of your bylaws that discusses the number of board members, the election process, and the terms of office?
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Forums > Homeowner Association > HOA Discussions > Management and Difficult Board Member



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