HOAleader.com - Tip of the Week - June 8, 2012
Published: Sat, 06/09/12
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Hey, HOA Manager: Shape Up or Ship Out
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In this week's tip, we answer two readers' question
about how to make their management company start
meeting the terms of their contract. One writer says
his HOA has written emails to the management company
about the lack of performance, and the emails have gone
unanswered.
If you're frustrated with your HOA's manager, the first
thing to remember is that your manager must do what's
promised in the contract. "The management company can't
refuse to perform what's obligated by the contract unless
the board is asking the manager to perform something
unethical or illegal," says Gordon Goetz, president and
CEO of Goetz Manderley, a community association management
company based in Santa Maria, Calif., that manages 210
associations totaling 17,000 homes in California's
San Louis Obispo, Santa Barbara, and Kern counties.
Also remember that in most cases, you've hired a
management company, not a manager. "Boards need to
understand that the contract is between the management
company and the association, not the manager," adds Goetz.
"They need to take that refusal to the manager's supervisor
or the company's principal and discuss what that manager
is doing and not doing for the association. The board is
fully within its rights to requestanother representative.
Then it's up to the management company to take action
with the individual manager."
Direct contact is much more effective than an email
complaint, adds Jeff Vinzani, a partner at the Duggan
Vinzani law firm in Charleston, S.C., who represents
associations. "To me, writing emails citing a lack of
performance means these boards either like what the
manager's doing and are just complaining, or they don't
want to put the manager into default because they like
most of what the manager's doing," he explains.
"So these boards need to determine if they like the
company and just want to have a meeting to tell them
they're falling down on the job, or is it enough
dissatisfaction that that the board should send the
company notice of default," Vinzani adds. "That doesn't
always mean the contract is over. But it puts the
management company on notice, and the company might
reallocate its resources to better meet
the HOA's needs."
When you've attempted to talk out the problem and
there's been no resolution, it's time to review your
contract to determine your remedies. Find out more by
reading our new article, What to Do When Your
HOA's Manager Is Falling Down on the Job.
http://www.hoaleader.com/members/726.cfm
Best regards,
Matt Humphrey
President
P.S. You also may want to download our special report,
HOA Management Companies: A Practical Guide
for Homeowners Association Boards.
http://www.hoaleader.com/public/568.cfm
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Recent articles posted at HOAleader.com:
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Is This Board's Waiver of Its HOA's Rules Wise?
In this week's tip, we ask whether a board's acquiescence to an owner's rule
violation is a good idea. (Hint: No.)
Click here to read full article:
http://www.hoaleader.com/public/Is-This-Boards-Waiver-of-Its-HOAs-Rules-Wise.
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When Can You Waive Your HOA's Rules? Discussion Forum Follow-Up
An HOAleader.com reader writes, "A homeowner replaced his roof and chose a
color that isn't in compliance with our replacement standards. It's not
even close to the existing colors. The board stated at the community annual
meeting that the owner didn't follow the procedure of obtaining approval
through our architectural request process. The board chose to ignore the
homeowner's negligence and opted to have each of the adjoining townhomes in
his section match his noncompliant color when the time comes for them to
replace their roofs. Their reasoning is that the homeowner can't afford to
replace the new roof, and they don't believe it will affect the property
value.
Click here to read full article:
http://www.hoaleader.com/members/When-Can-You-Waive-Your-HOAs-Rules-Discussion-Forum-FollowUp.cfm
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New Federal Rules Just Gave Condos/HOAs Big Win
On March 15, 2012, the Federal Housing Finance Agency (FHFA) published its
final rule on transfer fees, handing community associations a big victory.
Here's why the rule from a seemingly obscure regulatory agency matters to
you.
Click here to read full article:
http://www.hoaleader.com/members/New-Federal-Rules-Just-Gave-Condos-HOAs-Big-Win.cfm
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Distributing Minutes: Can Your HOA Save Money?
Does your HOA print and snail mail meeting minutes? If so, is it required to do
that, or would email or posting online or in a common area do the trick and save
your HOA money? Here's some insight.
Click here to read full article:
http://www.hoaleader.com/members/Distributing-Minutes-Can-Your-HOA-Save-Money.cfm
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Is a Rule Prohibiting HOA Dues Increases Valid--or Smart?
A California board member has recently complained that his board increased
dues in spite of an HOA rule that prohibited dues increases. Can an HOA pass a
rule or an amendment to its governing documents prohibiting dues
increases? What would be the wisdom (if any) of such a rule?
Click here to read full article:
http://www.hoaleader.com/members/Is-a-Rule-Prohibiting-HOA-Dues-Increases-Validor-Smart.cfm
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