HOAleader.com - Tip of the Week - November 18, 2011
Published: Tue, 11/15/11
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Is Your HOA Manager Taking Over?
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This week's tip will help you determine whether your manager is
too intrusive, not intrusive enough, or behaving just right at
your HOA meetings.
On September 4, two community association lawyers contended
in a Los Angeles Times column: "Management employees, like any
other vendor, do not belong at association board meetings.
Although they may be invited to attend, they should not be
taking minutes or offering suggestions on the conduct or content
of the meetings."
On the first half of the columnists' comment, our experts
heartily disagree. Having managers attend board meetings is
a no-brainer, says Elizabeth White, a shareholder and head
of the community associations practice at the law firm
of LeClairRyan in Williamsburg, Va. "You want the board to
be making informed decisions. I've sat in hundreds of hours
of board meetings. If the manager hadn't spoken up, some
boards would have really made a few bad decisions."
Managers have a wealth of valuable information that boards
can and should rely on. "The manager should attend all unit
owners meetings and all board meetings--with one exception,"
says Robert Galvin, a partner at Davis, Malm & D'Agostine
PC in Boston who specializes in representing condos and
co-ops (more on that exception shortly). "It's the manager
who's managing the property day to day, and I don't see
how you can have a meeting without that person."
That's also the thinking of Andrew Lewis of Eisinger, Brown,
Lewis, Frankel & Chaiet PA in Hollywood, Fla., who
specializes in representing community associations.
"The manager is often the person who's in touch the most
and has his finger the most on the pulse of the association
and its business and affairs," says Lewis. "It only makes
sense for the manager to be present. That's part and
parcel and part of what the manager's job is."
Galvin mentioned an exception. When shouldn't managers
attend an HOA meeting? "The board should meet once a
year without the manager to evaluate the manager,"
says Galvin. "One of the most important board functions
is to discuss how good a job the manager is doing and,
if there are any concerns, what to say or whether to
fire the manager or management company. The board should
call one meeting a year--or, if it became an issue,
more than one meeting--to discuss the manager."
But how involved should managers be at HOA meetings?
That's not so clear cut. Learn more in our new article:
http://www.hoaleader.com/members/648.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Bidding Out HOA Work? RFPs Make the Job Easier and Save Money
In this week's tip, we lend a hand to an HOAleader.com reader. He
says he's sent a request for proposal to six homeowner
association management companies to rebid his HOA's current
contract, and he'd like to know the process his board should
follow in reviewing the bids and awarding the contract.
Click here to read full article:
< http://www.hoaleader.com/public/647.cfm >
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How to Create an HOA RFP and Evaluate Responses
An HOAleader.com reader has asked for some help. He says he's
sent a request for proposal (RFP) to six homeowners association
management companies to rebid his HOA's current contract, and he'
d like to know the process his board should follow in reviewing
the bids and awarding the contract. Here, our experts provide
some guidance.
Click here to read full article:
< http://www.hoaleader.com/members/646.cfm >
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How Strong Are Your HOA Owners' Privacy Rights?
In this week's tip, we help you determine whether to strip search
your residents. OK, maybe that's too strong. But we do offer tips
on how intrusive you can be when it comes to "searching" owners.
Click here to read full article:
< http://www.hoaleader.com/public/645.cfm >
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How Intrusive Can You Be with HOA Owners?
A HOAleader.com reader reports that his HOA is requiring that
owners allow coolers to be searched for glass when they enter the
pool because of the "no glass container" rule. He contends this
is an invasion of his privacy.
Click here to read full article:
< http://www.hoaleader.com/members/644.cfm >
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4 Arguments to Combat Short-Term Owners' Resistance to Long-Term
HOA Planning
It's an all-too-common problem at HOAs: Owners who don't plan to
stick around for more than a few years will resist or oppose
repairs, improvements, and reserve funding that benefits later
owners. What's the best argument for showing short-termers that
they're harming their own financial interest?
Click here to read full article:
< http://www.hoaleader.com/members/643.cfm >
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