Management Company refuses to follow HOA Board's Instructions

I am a board member for a medium sized condo complex in Austin, Texas. The management company we have hired, on a regular basis, refuses to follow the board members' instruction on some issues related to property rules/regulations and safety/crime issues. Policies are voted on by board members, approved by board members and then presented to the management company for enactment. None of the policies approved are unusual and are quite commonly seen in a condo community. The management company would either stall the policy or tried to make some oddball excuse on why they didn't enact the policy. Because of this non-action, the value of the property has been negatively affected... Should the HOA Board retain a real estate attorney or should the matter be forwarded to the Texas Real Estate Commission? Thank you!

I am assuming you signed a contract with specific expectations and penalties for non-compliance. I would remind them of the contract and if they still don't live up to it do what Bill said and start interviewing new companies.

I concur with all of the above except I would not contact an attorney unless the MC balked at terminating the contract or would not release the association records.

It's interesting everyone assumes the board knows what they are doing and the management company is "stonewalling". How about the possibility the board is over-reaching and the management company realizes they (the board) are "out to lunch" on some of their "policies".
In my opinion the board should engage the services of a competent attorney to review the policies they have enacted before they go about searching for a management company that will blindly carry out whatever they happen to cook up.
The management company may be saving the board from itself by not acting.
Just a contrary opinion.

It's so simple.....sit down with the owner of the company and give them one chance to rectify their behavior. Either do as the board requests or you're fired. I'm sure that you can cancel your contract for good reason. Please make sure to document everything.

I agree with most of the comments.

Let me add though, that if the MC thought that the requests were illegal, ill-advised or otherwise a bad idea...then perhaps they should have simply said so. Delays and non-compliance with the requests of the Board members is bad enough. However, the lack of a plausible reason is much worse and really grounds for termination.

Most associations hire an MC so they don't have to continuously babysit and follow-up!