HOAleader.com - Tip of the Week - August 10, 2013
Published: Sat, 08/10/13
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Job Description 101: HOA Onsite Manager
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In this week's tip, we give a reader a head start
on creating a job description for an onsite manager.
There are no absolute rules governing onsite managers'
duties. "There will be a set of basic duties, like
paying the bills, but the onsite manager's duties
will vary among management companies and boards of
directors," explains Brian F. Lozell, CPM, director
of condominium management at Seneca Real Estate Advisors,
a Chicago startup company that manages less than 100
units so far; at Lozell's prior firm, he managed as
many as 1,000 units.
However, there are some general rules to keep in mind.
"It's more common for our clients who have management
companies to not have managers directly on site,"
explains Erin McManis, a senior associate at Mulcahy
Law Firm PC in Phoenix, who advises many associations.
"But we do have some very large and some smaller
associations that do have onsite managers. Since that's
their job, they take an active role in managing the
community. However, we want to make sure the board
realizes the manager is there to help and assist but
that the manager isn't the board. The board needs
to make decisions."
That's also the main advice of Robert Galvin, a
partner at Davis, Malm & D'Agostine PC in Boston who
specializes in representing condos and co-ops-and
happens to live in a 762-unit condo association with
an onsite management team. "In my building, there's
an overall general manager," he explains. "Then
there's a manager who takes care of all the
maintenance. Then there's a manager of capital
projects, who handles things like replacing the roof,
the elevators, and doing envelope repairs. Then there's
somebody in charge of security. In a community like
ours, the general manager is really an executive
running a fairly large business or nonprofit with
assets worth about $100 million and a budget of several
million dollars per year.
"But there are certain decisions that only the board
can make, and they can't be delegated," explains
Galvin. "Any kind of policy decision has to be made
by the board."
For seven examples illustrating the separation of
powers between boards and onsite managers-and basics
on the dangers of hiring a community member for the
job-see our new article:
http://www.hoaleader.com/members/882.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Tips to Avoid Getting Too Personal with Owners
In this week's tip, we answer a reader's question about whether the board
asked for TMI, as the kids say (translation: too much information), from
owners.
Click here to read full article:
http://www.hoaleader.com/public/Tips-to-Avoid-Getting-Too-Personal-with-Owners.cf
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Did This HOA Board Ask Too Many Invasive Questions?
An HOAleader.com reader asks, "Is there a legal problem in a board
requesting a homeowner to fill out a form showing legal owner, names of
occupants, emergency contacts, special needs, vehicles and pets? I have
been told this is an invasion of privacy by a couple of homeowners."
Click here to read full article:
http://www.hoaleader.com/members/Did-This-HOA-Board-Ask-Too-Many-Invasive-Questions.cfm
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Residency Requirements for Your HOA Board of Directors, Pros and Cons
In some states, it's possible for homeowners associations to restrict
board eligibility to residents of the community, thereby prohibiting
nonresident owners from serving. Here we discuss the practical pros and
cons.
Click here to read full article:
http://www.hoaleader.com/members/Residency-Requirements-for-Your-HOA-Board-of-Directors-Pros-and-Cons.cfm
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Legal Update: Trends in State HOA Laws
Some state capitals are humming with condo/HOA legislative activity.
Others are silent as church mice. Even if your state legislature seems to
have been lying low, it's important to keep up on proposed and passed
legislation in other states because what happens in one state often spreads
to others. Here's a rundown of noteworthy legislative activity in several
states.
Click here to read full article:
http://www.hoaleader.com/members/Legal-Update-Trends-in-State-HOA-Laws.cfm
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HOA Boards: Investors Need Not Apply?
In this week's tip, we broach the touchy topic of restricting board
membership to association residents. Some states permit associations to
require board members to be community residents. Florida, however,
probably isn't one of those states, though it's not completely clear.
Click here to read full article:
http://www.hoaleader.com/public/HOA-Boards-Investors-Need-Not-Apply.cfm
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