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Subject: AITAH
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Author Messages
LetA
(Nevada)

Posts:1466


05/24/2021 4:34 PM  
AITAH translated Am I the A- - Hole

I had a coming to Jesus morning with our PM and his boss. Several owners have complained that they are being missed by the landscapers the last few weeks. Residents have emailed the PM directly and do not receive replies. Winds indeed have been brutal here in Vegas and we can't rule that out.

We just had to have one pair of Gate openers replaced because they reached their EOL and it was more economical to replace them now and pay for it out of reserves. The Gate company left behind boxes and the old openers since last Wednesday. The PM was notified Friday, yet the boxes and old operators remain.

Our resident problem child has switched to using duct tape to disable the pool gate locks. As previously arranged, our security patrol provider agreed to padlock the gates at 10 pm and remove the locks by 6-7 am. The padlocks have yet to been applied allowing our problem child to persist.

Back to the pool, along with the gate lock being tampered with, I inspected the pool this morning. the Spa was greener that Kermit T Frog and had a soda can floating in it. The water was dirty, dusty and had a little bit of foliation in it.

The pool had heavy foliation, palm fronds, dirty with a soda can floating in it and the same oily substance that I photographed in April is still present today.

I felt that our PM was ignoring the issue, so I emailed his boss. His boss, thanks me for the communication and just forwards it to the PM. I sent him another email thanking him for making a decision as a board member that much easier to replace the property management company.

The condition of the pool the PM attributes to the lack of available workforce and they mention fast food restaurants. I zinged back and said That christian burger joint that puts bible verses on the bottom of their cups and the christian chicken joint both have a speed of service in under 5 minutes at drive-thru. I also pointed out that thee of the properties I patrol, one in a not so nice part of town all have sparkling clean pools. IT is the company and the quality of people they hire.

I also zinged back on the RFID fob locks, I told him you're not using it correctly if you say negative things about a system like that..

In no uncertain terms I said you are the PM and we deserve better. I don't want to be the AH, but someone has.
JohnT38
(South Carolina)

Posts:794


05/24/2021 4:40 PM  
Sounds like another case of where the board doesn't have it what it takes to do their job and manage the PM. If the majority of the board isn't willing to do this then save your breath and stop complaining. You'll be much happier.
MaxB4
(California)

Posts:1601


05/24/2021 6:09 PM  
This deserves another AMEN and HALLELUJAH!!!!
KerryL1
(California)

Posts:8729


05/24/2021 7:11 PM  
You know, LetA, I think it's actually been years now, that some of us advised you to get board consensus to act on issues that concern you. And for years, you take it upon yourself to go it alone.

Oh, wait, did the Board delegate to you the authority to complain to the MC? This should be a Board decision. You never seem to tell us what, if anything the rest of your Board does. Anything? Are you the president? How many are on your Board?

Is your PM following the contract their MC has with your HOA?
CathyA3
(Ohio)

Posts:2600


05/25/2021 4:54 AM  
I agree with the rest that this is a job for the entire board. They should document all of these issues in writing (with photos) and then have the come-to-Jesus meeting with the PM. I do agree that the PM's performance leaves something to be desired, and the PM should be aware that their contract is on the line. Pool sanitation is a health issue, so that's totally unacceptable.

In the PM's defense, I do agree (in part) with their comment about hiring difficulties lately. Thanks to the pandemic, the workforce has been doing their own soul searching, and many employers are just not finding people willing to risk their health and safety for jobs that don't pay a living wage. We lost our previous landscaping contractor because their seasonal workforce couldn't get work visas (indirectly related to covid). Even employees at the higher end of the wage scale are going through a similar reckoning, and it's not surprising that HOA boards are feeling some of the effects of this.
LetA
(Nevada)

Posts:1466


05/26/2021 11:12 AM  
Posted By KerryL1 on 05/24/2021 7:11 PM
You know, LetA, I think it's actually been years now, that some of us advised you to get board consensus to act on issues that concern you. And for years, you take it upon yourself to go it alone.

Oh, wait, did the Board delegate to you the authority to complain to the MC? This should be a Board decision. You never seem to tell us what, if anything the rest of your Board does. Anything? Are you the president? How many are on your Board?

Is your PM following the contract their MC has with your HOA?





Some might call that leading by example.. For the others that just drag their feet or lick their finger and stick it in the air to see which way the wind is blowing, my mom had a saying. *#1t or get off the pot.
SheliaH
(Indiana)

Posts:4291


05/26/2021 12:56 PM  
Perhaos, but you're one of a group of people on a board of directors, meaning EVERYBODY should vote on association issuez. You may be right about the property manager, but you didn't vote for this company all by your lonesome and you haven't said if the board has designated you as the liaison between the property management company and the board.

Maybe your colleagues aren't as focused as you, but they do get a say in the matter nonetheless, so you have no choice but to go to the board with your concers, make some suggestions on how to address it and see what hapoens. You may not want to do it this way, but that's the way boards are supposed to operate.

I also seem to recall you've had issues with your property manager in the past and one was eventually replaced. Are you sure you aren't micromanaging here? N If so, you may need to check yourself and stop doing that before you lose another and this time, few people will want to work with your association because they don't want to deal with you nitpicking.
AugustinD


Posts:1920


05/26/2021 1:32 PM  
Posted By LetA on 05/26/2021 11:12 AM
Posted By KerryL1 on 05/24/2021 7:11 PM
You know, LetA, I think it's actually been years now, that some of us advised you to get board consensus to act on issues that concern you. And for years, you take it upon yourself to go it alone.

Oh, wait, did the Board delegate to you the authority to complain to the MC? This should be a Board decision. You never seem to tell us what, if anything the rest of your Board does. Anything? Are you the president? How many are on your Board?

Is your PM following the contract their MC has with your HOA?





Some might call that leading by example.
Others might call it an illegal act of ultra vires. But seriously, if the other directors are happy with your informing the PM of what's what, then it's cool.
KerryL1
(California)

Posts:8729


05/26/2021 2:04 PM  
The thing is, Augustin, LetA doesn't tells us if the other directors are 'happy" that s/he sent a rant to the MC. I'm not going back to her/n his much old posts, but it seems like s/he cannot convince the Board that she is always right.

Some of us who are or have been HOA directors call such a person a "loose cannon," not a "leader by example." If LetA is not gettin her flow Bord members on board with her thinking, s/he is NOT a "leader."

KerryL1
(California)

Posts:8729


05/26/2021 2:04 PM  
The thing is, Augustin, LetA doesn't tells us if the other directors are 'happy" that s/he sent a rant to the MC. I'm not going back to her/n his much old posts, but it seems like s/he cannot convince the Board that she is always right.

Some of us who are or have been HOA directors call such a person a "loose cannon," not a "leader by example." If LetA is not gettin her flow Bord members on board with her thinking, s/he is NOT a "leader."

LetA
(Nevada)

Posts:1466


05/26/2021 3:46 PM  
Posted By KerryL1 on 05/26/2021 2:04 PM
The thing is, Augustin, LetA doesn't tells us if the other directors are 'happy" that s/he sent a rant to the MC. I'm not going back to her/n his much old posts, but it seems like s/he cannot convince the Board that she is always right.

Some of us who are or have been HOA directors call such a person a "loose cannon," not a "leader by example." If LetA is not gettin her flow Bord members on board with her thinking, s/he is NOT a "leader."





I can say check and mate!!! At least I got a pat on the back and a attaboy from one BOD. Kind of the wake up call that everyone needed.




I do have to add, one of our resident problem children posted on a community social media app that they are planning on suing the HOA for vehicle damage and discrimination.
the poster's vehicle was clipped because they tried to beat the gate and lost. The people living in the house constantly violate the CC&R's, multiple violations and warning have been issued. The registered owner lives elsewhere, blood is thicker than water. The owner stopped responding to the PM. Questions to the PM on specific issues are either ignored or unanswered, some are only discussed at executive sessions. Cant really wait every quarter to resolve what I and one other board member consider imminent issues.

This is one example why I got a little Mr. Nasty.

AugustinD


Posts:1920


05/26/2021 3:49 PM  
Hi KerryL1, I find balancing concerns about ultra vires and "loose cannon" against this:
Posted By LetA on 05/24/2021 4:34 PM
Back to the pool, along with the gate lock being tampered with, I inspected the pool this morning. the Spa was greener that Kermit T Frog and had a soda can floating in it. The water was dirty, dusty and had a little bit of foliation in it. The pool had heavy foliation, palm fronds, dirty with a soda can floating in it and the same oily substance that I photographed in April is still present today.
is not easy. The only sure facts I have are that the spa and pool are filthy. It raises health and liability concerns to me.

The only judgment I have at this time is that the spa and pool need to be fixed, cleaned and probably inspected by licensed professionals a.s.a.p.
LetA
(Nevada)

Posts:1466


05/26/2021 3:57 PM  
Posted By AugustinD on 05/26/2021 3:49 PM
Hi KerryL1, I find balancing concerns about ultra vires and "loose cannon" against this:
Posted By LetA on 05/24/2021 4:34 PM
Back to the pool, along with the gate lock being tampered with, I inspected the pool this morning. the Spa was greener that Kermit T Frog and had a soda can floating in it. The water was dirty, dusty and had a little bit of foliation in it. The pool had heavy foliation, palm fronds, dirty with a soda can floating in it and the same oily substance that I photographed in April is still present today.
is not easy. The only sure facts I have are that the spa and pool are filthy. It raises health and liability concerns to me.

The only judgment I have at this time is that the spa and pool need to be fixed, cleaned and probably inspected by licensed professionals a.s.a.p.




I found out yesterday that when the health district came out to issue the permit before the pool was finally opened the inspector noted the the plaster in the spa needs to be replaced. We just had the spa re plastered in the spring of 2019. Should be under warranty?? PM set up a meeting and inspection with the vendor at the end of this week. fingers crossed this is a warranty issue.

KerryL1
(California)

Posts:8729


05/26/2021 4:36 PM  
Of course, they're filthy and that's disgusting. Directors, though still should, go through their Boards for solutions. The Lone Ranger approach is problematic for a number of reasons.

Why didn't your board know that the Health Inspector's report found problems?

Might still be under warranty, LetA. You have copy of that contract, right? If out of warranty, and IF the workmanship is not up to industry standards, you still might be able to claim construction defects and they should repair/replace their work.

I just placed a similar matter on our executive session agenda concerning some work here that has failed waaaaay too prematurely. The work was out of warranty. I asked the Board if we could consult with our HOA attorney. They voted yes and so we contacted the attorney who wrote a strong letter last week to the contractor suggesting we might have to go to arbitration on this problem. Just this week, the firm's owner and the job sup. at the time plus 2 other directors & our PM examined our complaints with me. Verbally, they say they'll make repairs. Fingers crossed. This could be worth way into 5 figures.

My point, LetA, is we worked together as a Board.
KerryL1
(California)

Posts:8729


05/26/2021 4:37 PM  
Of course, they're filthy and that's disgusting. Directors, though still should, go through their Boards for solutions. The Lone Ranger approach is problematic for a number of reasons.

Why didn't your board know that the Health Inspector's report found problems?

Might still be under warranty, LetA. You have copy of that contract, right? If out of warranty, and IF the workmanship is not up to industry standards, you still might be able to claim construction defects and they should repair/replace their work.

I just placed a similar matter on our executive session agenda concerning some work here that has failed waaaaay too prematurely. The work was out of warranty. I asked the Board if we could consult with our HOA attorney. They voted yes and so we contacted the attorney who wrote a strong letter last week to the contractor suggesting we might have to go to arbitration on this problem. Just this week, the firm's owner and the job sup. at the time plus 2 other directors & our PM examined our complaints with me. Verbally, they say they'll make repairs. Fingers crossed. This could be worth way into 5 figures.

My point, LetA, is we worked together as a Board.
LetA
(Nevada)

Posts:1466


05/27/2021 4:41 AM  
That's another thing that gets stuck in my crawl Kerry, When!!!! when was the PM going to drop this on us in four weeks to the next meeting!!! I feel we should have been notified Immediately. This could have been resolved three weeks ago. It could have been resolved months ago when I kept nudging the PM to get the pool ready. The pool and spa should have been drained and acid washed and it wasn't.

The same surface oil substance that I took a picture of the first of April is still present today. A neighbor says it looks like pigeons were using the pool for a potty.

I will know more when We meet with the plaster GC tomorrow.

Thanks for the advice so far..
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