Management company went rogue, driving community into ground
Dear Dennis,
About a month or so ago I asked a question, and you were very help. You pointed me in the right direction. Over the past month I have been research on what happened to my HOA, and I’ve discovered the problem is not really our HOA board, but the management company rep.
About 2 years ago we got a new person from the HOA management company. That’s when things started to get bad. I noticed a big increase in lies and deception from the HOA. The HOA stopped attempting to hold HOA meetings. We are supposed to be holding 5 meetings a year, but over the past 2 years only 2 normal HOA meetings were held. The HOA annual meeting was completely blown off.
To give you an example of what has happened over the past 2 year:
1) The HOA used to email or mail the dates of the HOA meetings for the year. They no longer do that. I honestly dont know when our next HOA meeting is.
2) The HOA used to post all meeting on their HOA portal. The last time they did this was in 2021, right before the new management company rep started.
3) The HOA used to put a list of HOA meetings in 2 HOA bulletin boards in the community. Even though nothing was wrong with the bulletin boards, the HOA decided earlier this year to tear them both down, and buy new ones. Here’s the kicker – the new HOA bulletin boards, which costs who knows how much money – dont have anything related to the HOA in them! There is nothing related to the HOA in the brand new bulletin boards the HOA board. There is no list of HOA meetings, no contact information for the HOA, no names list of the HOA board members.
Instead the HOA bulletin boards only have information on gilbert, such as bulk trash dates, and other Gilbert information. Most people looking at the boards would problem assume the town of Gilbert owns and operates these boards, but thats not true, the HOA does. This is what I’m talking about for deception. The HOA is fooling the community so they don’t have to do their job.
Here is my question to you: If the HOA management company rep goes rogue, and stops sending any meeting notifications, doesnt make an attempt to hold meetings (except once a year for a normal meeting), removes any way of finding out when the board meets, what are my options? I cant recall the management company, right? I could ask the HOA board to fire her, but they’re not going to do that. I am curious if you have run into this during your years dealing with HOA’s.
I fear she is destroying our HOA. I also have a feeling the HOA is hidng something, such as fraud. Why else would they HOA go to extremes to not have meetings – going as far to rip out the bulletin boards and deceiving the community into thinking the city owns the boards.
As always thanks!
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Sunny,
What you describe is not at all unusual but more the norm for these communities. All management companies are basically the same but who they hire as actual managers make a big difference. The qualification for a community manager consist of a participation trophy so called certification program administered by either CAI or AACM. Neither are any better than the other.
As homeowners you have absolutely no say in the management company or the individual community manger only your board has that authority or duty to the community. You only option is to report the issues to the board and demand that they take action to address the issues. If they do not then you have the power to call for a special meeting of the members to recall all or any of the board members. The board has the responsibility to comply with the law and the governing documents. They must hold a meeting of the members at least annually. While there is no required number of board meeting, they cannot conduct any business as a board other than in open board meetings. The board must post notice of every board meeting at least 48 hours prior to the meeting and allow any member to attend and speak during that meeting on any issue before the board.
The incompetence of the community manager is irrelevant it is the responsibility of the board to comply with the law. Because an incompetent individual convinced them to ignore the law is no justification for violating the law and the association could be held accountable to those violations in court.
Dennis
It sounds to me that the board has decided to conduct all business in secret via e-mail of phone call in direct violation of the open meeting law.