Who does what? Differences between Property Managers and Directors
Are you confused about who does what?
For most members of the condo community, the Property Manager is the face of the condo corporation or home owner’s association. They are responsible for day-to-day running of things– they look after the bank accounts, handle the checks, field correspondence, and interact with owners more frequently than the Board does.
Because of this, I find that people can be confused about the difference between the roles of the Property Manager and the Board of Directors.
Why can’t the property manager look after everything?
I’ve heard board members ask “Why can’t I just let my Property Manager look after everything?” and “Isn’t it their job to do this? I don’t have time to look after all of this stuff”. Owners also have trouble knowing who is responsible for what; when should they contact the Board and when should they contact the Property Manager?
In this post, I’ll answer these questions, and hopefully, the difference between the roles of the Property Manager and the Board of Directors will be clear by the end.
Understanding the different roles
To understand the different roles, I like to think of a condo like a coffee shop. The property management company is like the staff that keeps the shop running: baristas, managers, cleaners, etc.
They are the people that interact with everyone on a day-to-day basis and do everything to make sure that the coffee shop does everything a coffee shop should. While they have some flexibility to solve problems as they arise, they are not responsible for major decisions — financial or otherwise.
What does the board do?
The Board of Directors acts like the corporate executives at the head office. It’s up to them to set the prices, operating procedures, and make the decisions that shape the direction of the company. The success of the enterprise is their responsibility; the staff carry out their decisions.
It’s not the barista’s job to ensure the coffee shop is selling coffee for the optimal price or that the products are the best value. Similarly, the Property Manager isn’t responsible for making the best financial decisions for the condo corporation; they do not have a fiduciary responsibility.
What are difference between the roles of the Property Manager and the Board of Directors?
Property Manager
- Manages
- Under contract to work as an agent of the condo corporation
- Work within constraints defined by contact with the board
- Provide options (e.g., quotes)
- Implement decisions
- Is not responsible for saving condo money
Board of Directors
- Governs
- Is a fiduciary to the condo corporation
- Reviews options and renders decisions
- Oversees the implementation of decisions
- Seeks cost savings (asks Property Manager to help)
The condo board has the responsibility to make the choices that are in the best interest of the condo corporation. This is why the property management company can’t simply be left to look after everything.
As an entity, the condo Board of Directors is responsible for making all the critical decisions regarding the maintenance of the building/grounds, condo’s finances, and must uphold the Condo Act (provincial legislation), the declaration, bylaws, and rules. It is up to the board to make sure that all the relevant documents are accessible by the owners.
A good Property Manager is a tremendous asset for any condo corporation. They can simplify the job of the board, but they cannot assume the responsibility for that job.
Who does what? Learn the differences between Property Managers and Directors
Who does what? Differences between Property Managers and Directors
Are you confused about who does what?
For most members of the condo community, the Property Manager is the face of the condo corporation or home owner’s association. They are responsible for the day-to-day running of things– they look after the bank accounts, handle the checks, field correspondence, and interact with owners more frequently than the Board does.
Because of this, I find that people can be confused about the difference between the roles of the Property Manager and the Board of Directors.
Why can’t the property manager look after everything?
I’ve heard board members ask “Why can’t I just let my Property Manager look after everything?” and “Isn’t it their job to do this? I don’t have time to look after all of this stuff”. Owners also have trouble knowing who is responsible for what; when should they contact the Board and when should they contact the Property Manager?
In this post, I’ll answer these questions, and hopefully, the difference between the roles of the Property Manager and the Board of Directors will be clear by the end.
Understanding the different roles
To understand the different roles, I like to think of a condo like a coffee shop. The property management company is like the staff that keeps the shop running: baristas, managers, cleaners, etc.
They are the people that interact with everyone on a day-to-day basis and do everything to make sure that the coffee shop does everything a coffee shop should. While they have some flexibility to solve problems as they arise, they are not responsible for major decisions — financial or otherwise.
What does the board do?
The Board of Directors acts like the corporate executives at the head office. It’s up to them to set the prices, operating procedures, and make the decisions that shape the direction of the company. The success of the enterprise is their responsibility; the staff carry out their decisions.
It’s not the barista’s job to ensure the coffee shop is selling coffee for the optimal price or that the products are the best value. Similarly, the Property Manager isn’t responsible for making the best financial decisions for the condo corporation; they do not have a fiduciary responsibility.
What are the differences between the roles of the Property Manager and the Board of Directors?
Property Manager
- Manages
- Under contract to work as an agent of the condo corporation
- Work within constraints defined by contact with the board
- Provide options (e.g., quotes)
- Implement decisions
- Is not responsible for saving condo money
Board of Directors
- Governs
- Is a fiduciary to the condo corporation
- Reviews options and renders decisions
- Oversees the implementation of decisions
- Seeks cost savings (asks Property Manager to help)
The condo board has the responsibility to make the choices that are in the best interest of the condo corporation. This is why the property management company can’t simply be left to look after everything.
As an entity, the condo Board of Directors is responsible for making all the critical decisions regarding the maintenance of the building/grounds, condo’s finances, and must uphold the Condo Act (provincial legislation), the declaration, bylaws, and rules. It is up to the board to make sure that all the relevant documents are accessible by the owners.
A good Property Manager is a tremendous asset for any condo corporation. They can simplify the job of the board, but they cannot assume the responsibility for that job.
Who does what? Learn the differences between Property Managers and Directors
I volunteered as member of the Board of Directors of my condo, but after hearing that I will have to sign cheques (along with the other two members) for payment of bills such as snow removal, cleaning etc. I decided to withdraw my application for the board of Directors,
Is this a normal function for someone in the Board of Directors?
Thanks,
Claudia
Hi Claudia,
Signing cheques is a normal part of a director’s job. One of the most important responsibilities of directors is to oversee the condo’s finances. As such, directors review monthly financial statements, review and approve expenditures, and sign cheques. There is no way for a condo to pay its bills unless the directors sign the cheques. Multiple signatures are required – usually 2 directors (this varies a bit depending on the condo).
What was worrying you about signing these cheques?
No
Can a property manager arrange for a fire drill without the authority of the condo Board ?
Hi Ralph,
I would think that arranging for fire drills would be something that the board would want the property manager to do. Should the PM inform the board – well – if it going to be a good exercise, then the directors on the board should not know when it is going to happen. After all, a drill is intended to prepare residents in the event that a fire or other emergency should occur.
Are you on the board? If so, I would suggest discussing this with your property manager and clear up any ambiguity around who is responsible.
Pat
It s easy to confuse a homeowners association (HOA) with property managers. They are both involved in the management of housing communities. It could be helpful to view a brief description of both HOAs and property managers to see how the functions of each are different. In most cases, they work together, but sometimes they may come into conflict. This information should be useful to property owners, property management companies, and tenants who live in a community that is governed by an HOA.
Should a Director on the Condo Board (that has a contract with a Property Manager) approach or seek out a Unit owner personally who is behind in their maintenance fees? Should the same question a Unit owner personally regarding repairs to his/ her unit on behalf of another unit? I am having difficulty with a board director of which I preside who insists on taking on the role of our Property Manager.
Hi Steve,
Thanks for your question. Directors should not be property managers. I don’t know why a director would approach a unit owner about arrears. If you have engaged a property manager, their accounting department would be tracking unpaid fees and would be placing a lien if the debt exceeds the prescribed number of days. I also don’t think that directors should even know the names of the owners who are in arrears. Privacy is a very important issue today and is even more important in condos because it seems that directors know a lot of personal information about their neighbours. The Privacy Act makes it very clear that personal information should be on a need to know basis. If I am on a condo board again, I would definitely like to see arrears information restricted to the property manager.
As far as the same director questioning a unit owner about repairs, again, this is the job of the property manager.
It can be very hard to rein in directors who go beyond their role in governing the corporation to micromanaging the property manager.
Hello,
I am a new condo owner and I asked the Property Management to give me the contact info for the Board of Directors in my building, because I have certain concerns and questions. The Property Management refused, and said that under the Privacy Act they cannot give me the contact info for the Board. Said to send all the concerns to Property Management and they will forward it to the Board. No direct contact, said, bringing up the Privacy Act.
Is this normal?
Thank you
Lia,
Thanks for your question. It is quite common that directors do not provide specific contact information to owners. Some boards have a board email account that owners can use to send questions. Other boards prefer to have owners send questions to them via the property manager. If you want to meet your board make sure that you attend the next Annual General Meeting. The agenda should include time for a general business discussion.
Pat
what regulates the board of directors authority to make significant financial decisions that could result in condo fee increases of 10 – 20 % or more?
Hi Robert,
Thanks for your question. Condos are required to follow provincial or state legislation and others such as privacy and human rights. The board of directors are able to make most financial decisions without seeking approval from the owners. I say most because there are specific occasions when the board must have approval by the owners. As far as increasing condo fees, the board is able to do so without owners approval.
The board should provide the owners with explanations for increases (and decreases) in budget line items. If you are not satisfied, you could request a special meeting to discuss the budget or wait for the AGM to ask questions of the board. Some condos organize budget meetings a few months before the start of the fiscal year. This gives the owners an opportunity to discuss the budget.
This incorrectly states that the board can make financial decisions without seeking approval by the board when it should state without seeking approval from all owners. The board should carefully review, bids or options, discuss, vote, and record financial decisions in minutes.
Hi Carol,
Thanks for finding the error in my answer to a previous comment. I have corrected it.
You are correct – the board can make financial decisions without seeking approval from the owners. And should most definitely document decisions in the minutes.
Is it considered a conflict of interest when the property manager is also on the Board of Directors?
Hi Alex,
Thanks for the question.
Unless you are talking about a self-managed condo or HOA, it is most definitely a conflict of interest for the property manager to be a member of the board.
Pat
Is it considered a conflict of interest when the property manager is also the husband of the President of the Board of Directors?
Hi Wilson,
It is perhaps not best practice, but it would be hard to impose restrictions on an owner – the husband – just because he is married to the PM. It would be a bad situation if the PM and her husband discuss board business at home outside of board meetings. The president of the board needs to be very careful not to circumvent the board because it is easier to go directly to the PM – his wife.
I would suggest that the board assign another director to liaise with the PM.
Pat
Is the property management company responsible for reviewing and approving/denying exterior changes (standard changes that other residents have already made, I.e. storm door, deck) until board members are elected?
Justice,
Your question is a bit hard to answer without knowing further details. When you say – until board members are elected – are you referring to a condo before the turnover meeting has been held? If that is the case, then it could be possible that the property manager is approving exterior changes. This seems unlikely to be the situation if the property is new and has exterior changes that have already been made. In any case, the property manager should only be approving changes within the scope of the existing governing documents for the corporation. Things like exterior items are usually clearly identified in these documents. He can not be making up rules on the fly.
Does condo managers have the authority to impose rules outside of the by laws?
Thank you for answering all the previous questions I learned a lot.
Here is our situation, our board of director is asking us ( home owners ) to purchase an insurance to cover $50.000 to water damage to the building , sewer water …. The $ 50.000 is the deductible of the main policy .
So basically , we are buying and insurance to cover the deductible of the main policy. They passed this without consulting with us the owners or seeking their approval. Can they do that.
My question as an owner can I refuse to buy the insurance. What majors can the board of director take against me , in this case? .
How to fight it. Because they already obliged us two years ago to buy a fire damage deductible of $ 10.000. Taking into consideration that the condo fees we pay, include the insurance.
Thank you in advance for answering my questions.
Tina,
You are getting into a lot of specifics on insurance that I can’t answer. I would suggest you check with your provincial or state legislation.
Pat
Does a Property Manager owe a greater allegiance to the Board of Directors then to the unit owners? To be more specific, should a Property Manager council owners on how to oppose positions adopted by the Board? Should the Property Manager engage in sharing information regarding projects which are under consideration by the Board? Finally should there be any type of expectation of a Property Manager to ask owners to refrain from offensive behaviour or from making rude comments at an Information or Annual General Meeting? Many thanks for any guidance you can provide – we enjoy the site – very informative!
Leigh;
Thank you for you question about property managers. Property managers are usually engaged by the board of directors and work under the direction of the board of directors. The situation that you describe is not an appropriate role for the PM. They should never be sharing information under discussion with the board before it has been approved and ready to be shared. When information is shared, it must be shared with all the owners at the same time. It should be the responsibility for everyone – directors, owners and managers to prevent any rude behaviour from taking place at any time on the property or at an AGM.
Should a property manager take charge at a yearly board meeting?
Hi Gj,
My short answer is maybe. I’m assuming that you are referring to the annual meeting where owners attend, elect board members, and other business that owners vote on. I’m also assuming that you mean that the PM has been asked to facilitate the meeting.
It depends on a lot of things. If you have a really great PM who is also a very good facilitator and the owners are OK with him or her acting as the Chair then it could be OK. Some PMs are good at this but many are not. Any of the condo PMs that I worked with would never agree to chair our annual meeting. I highly recommend that a qualified and neutral individual be hired to facilitate. This person must be familiar with the condo/HOA’s rules along with Robert’s Rules. Hiring a facilitator leaves the board and PM focussed on following the meeting and answering questions where necessary. It is difficult to be the meeting chair and keep up with the meeting.
If your budget does not allow for hiring such a person, then the PM, a board member or an owner could be asked to do this task. Running the annual meeting does not give the Chair any additional power to do what they please as an agenda has been created ahead of the meeting and must be followed.
I chaired one annual meeting for my condo and then said I would never do it again. I would be happy to chair another condo’s meeting because I am not known there. The owners at my condo got a bit snarky and nasty and that is why I said I would never do it again.
Pat
Hey! Thanks for sharing this informative article. My last experience with my property manager was terrible. We paid him so much but they were so many things he didn’t take care of and we did most of the work ourselves.
What is the difference between an administrator and the property manager and the HOA. And does the HOA have to be voted on to be put into place
Hi Steve,
Thanks for your question. I’m not sure what the difference is between an administrator and the property manager. Is the administrator part of the property management company or do they work for the HOA? Generally, the HOA does not need to put forward a vote to the owners in order to hire a property management company. This could be different if the governing documents require otherwise.
can the property management company or the condo board be sued for neglect of the condo space
Hi Steve,
In general yes, it is possible, to sue but without knowing any of the context or geographic location or governing documents of the condo I caution against taking this step before pursuing all other possible steps to resolve the problem.
How many Board of Directors do you have to have ? And what happens if you don’t have anyone willing to be a board of director when going to a property manager ?
Hi Cathie,
The number of directors on a board – and I’m assuming that you are referring to a condo or HOA board is usually set in the declaration or bylaws of the corporation. There is usually a minimum number of 3 required under the legislation. I commonly see 5 or 7 directors.
If you don’t have enough volunteers will to serve as directors then you are going to have difficulty. Decisions made by the board require a quorum. Quorum is a simple majority of the legislated number of directors required on a board. In other words, if you must have 7 directors you must have at least 4 directors serving and attending board meetings and they would have to be in agreement in order to pass any business or agree on any actions.
Is a Property Manager also considered the Executive Director of the Association?
Hi Pauline,
Thanks for your question. I am assuming that you are talking about a condo or HOA? In my experience, a property manager should never be the ED for the association. Property managers are engaged by the association to act on their behalf, but not to be in a decision-making capacity or governance role for the association.
Pat
At our annual HOA meeting we voted for two open positions .. the person who got the most votes declined the position as President. The Property Manager then offered the position to another Board Member who accepted. This person was not on the ballot and therefore we as members feel that it was an unfair way to handle the situation. We feel that the person who received the next majority of votes should have been offered that position.
Does the Property Manager even have the authority to appoint the President?
Hi Carol,
I find it very odd that a property manager could appoint a person who was not on the ballot to the board. In no jurisdiction that I am aware of does the property manager ever have that authority to appoint people to the board. It is the owners of the HOA who have the responsibility to vote fellow owners to the board (in some HOAs and condos, board members to not have to be an owner – check your HOAs Covenants, Conditions & Restrictions (CC&Rs) for this information).
I am not an expert on the specific rules for your HOA, but in my experience, owners vote for the people whom they want to serve on the board. The board then decides who will take what positions – ie president, treasurer, etc – but this could be different for your HOA).
I am also puzzled why someone would agree to stand for a position and then decline it. Was that person asked before the vote took place?
I don’t have definitive answers for you given that your own HOA Covenants, Conditions & Restrictions (CC&Rs) could provide an alternative to what I have said. I would be surprised if the property manager can appoint people to the board.
I’d love to know what you find out. Keep me in the loop.
Pat
Hello, so the Property manager is out of line. They are only hired to manage the property, not the board. That’s the boards choice whoever they vote for.
So, that’s not the PM’s job. They are only supposed to manage. Call a emergency meeting and vote him out. Then vote for President.
Thanks for all the great info. What is the standard of the industry? We have a property management company that we pay to manage the property, but they do not hire or pay the manager that his housed In our building. Who pays the building manager directly, the property manager or the HOAA
Mary,
It would be in your contract with the management company as far as who pays for what. I find it unusual that the manager is not paid by the management company, but this must have been discussed when the contract was signed with the management company. Likewise with the property manager. I don’t know if there is an industry-standard.
Pat
We had a huge repair done to the garage.
Massachusetts Law says that outside parking owners are not responsible for repairs done to the garage.
My condo fee was reduced from $720 to $540.
The garage owners fee was increased.
It was just reduced last month.
The condominium has been paying for the garage fix for years.
Why don’t they make the reduced rate retroactive.
Do you have experience in this issue.
I need your advice please.
Hi Yale,
It would be nice if the fee reduction could be made retroactive, but I suspect that it is not possible. Fees could be reduced in the future because there would be a surplus in that account. I did have the experience when on my board that we had to special assess the owners for a major repair. At the same time, we were also suing the developer. We talked at length about what would happen if we got a large settlement at court – something that would happen after the assessment had been collected and the repair finished. Our lawyers told us that we could not refund any money collected.
Your governing documents or state law could be different than what I am familiar with so don’t take my answer as definitive.
Pat
Is it legal for the Property manager to be appointed on the Board of directors when no other volunteers are willing to run? What could the consequences And complications be? Why would a Property manager even suggest doing this?
Hi Ann,
Thanks for your question. I’m not sure of the specific legal situation in California. Some condos allow anyone to become a director. That means that they don’t have to be an owner. This will depend on the rules in your state and the specific rules of your condo or HOA. Having said that, it would be a very bad idea to appoint a PM to the board. It would be a conflict of interest as the PM works for the board.
Why would a PM suggest this? I’ve no idea – maybe he/she is trying to be helpful.
I am a new President of our condo board. In the past the owner of the management company was also board President for years. He has made decisions without contacting the board, and continues (off the board) to make decisions and not inform the board. The whole board quit when he made a decision for a resident without ever contacting the board. Other board members agreed to stay on the board, only if he stopped making decisions. Which he is still doing. I chose not to be on the board at that time. What actions can I take to stop him? He tries to dictate when we have meetings, etc. Until about two years ago we had our own maintenance man. He stopped that and now he employs maintenance men through the management company and charges association $30 an hour and only pays maintenance men about $15 an hour. I wanted to stop this practice and he is working against me. Help!
Wanda,
Thanks for your question. It is the board that is in charge. I am stunned that the owner of the management company was also the board president. That would definitely be a conflict of interest. Why did the owners elect him in that position?
The board should decide on meeting dates and then ask the manager to attend (my point is that the meeting dates should work for the board and the manager.) I would suggest having a meeting without your manager and discuss the staffing that you originally had. Before you can make any changes, you must have the board with you 100%. Presidents do not make decisions by themselves.
I hope this helps.
Hello I don’t manage a condo but I’m a onsite property manager and we have directors , committees and community manager. My problem is everything falls on me to do many committees don’t to their job, only one director involved and community manager keeps giving me her job responsibilities. I have reported it president and community manager that I need help and still no solution.
Hi Christina,
Sounds like you have a lot on your plate. It’s not reasonable in my opinion for the board to expect you to manage the committees. This should be under the oversight of the board and have owners responsible for them.
I expect that it might take several reminders that you need help before any action occurs. If you stop doing everything, will anyone notice?
Pat
Hello: The same has happened to me. Its like if I don’t step in than we won’t get things done. I have been everything to the board. And they are so out of touch with everything I’ve done. I could go on and on but I think I need to move on.
Hi Pat: Thank you for the information you are sharing. When there is a condo board vacancy, who contacts the owners to see if anyone would like to volunteer to be on the condo board? The board members or the property manager?
Hi Tory,
There are different scenarios that could affect how a vacancy is filled, and there could be different rules that apply to your condo. But, in general, if the board still has a quorum, ie. there are still enough remaining directors 2 of 3, 3 of 5, for the board to hold meetings the board can appoint an owner to serve until the next annual general meeting. There is no requirement for the board or manager to advertise the position. The board may appoint any qualified owner to the position. It is only at the next AGM that the owners will have the opportunity to volunteer and vote on available director positions.
Thank you very much for the quick response, Pat.
Tory,
You are welcome. Do you have any suggestions for future blog topics?
Pat
Hi, Pat
I have just become the president of an HOA. The previous president was in the position for 20 years. However, he constantly complained of how little participation he got from homeowners. Homeowners told me that they were publicly insulted by the president when they attended meetings. So, they stopped. When I was considering buying the condo I now own, I contacted the president and asked for his help to get the Bylaws and a copy of the Master Deed. He was very rude to me. My question was a bit unusual both other people were not coming through with the information. So, I decided to go directly to one of the board officers who should have the information or be able to tell me how to get it. Over a period of six months after my purchase, I bought the condo anyway in spite of the rudeness, I heard numerous complaints about the rudeness of the president. It happened to me as well at a discussion of a special assessment in a special meeting called by the Co-owners who are able to call a meeting as established in the bylaws. I offered my help to the president and was told, “I do not want you on the board because you disagree with me.” At the annual meeting on Jan 10, I was elected to the board. There were five candidates volunteering to be on the board and each owner was given four votes. The previous president was a candidate but he did not get enough votes to be in the top four: The Bylaws call for a President, VP, Treasurer, and Secretary. The role of Secretary and Treasurer could be held by one person. In addition, the president could appoint an assistant secretary and an assistant treasurer, but this seemingly takes place later. After the vote, the four newly elected officers were told to go to the side and decide who would hold which office. We did that quite amicably and I became president. So, we are four members of the board. However, the PM, at the meeting wanted to give us five votes. Because so many owners were tired of the previous president and were actually working to get him off the board, we asked why. She said because the State of KY laws says there must be an even number. She could not provide us with written proof and so we eventually got her to allow us to submit four votes per owner. The previous president got the lowest number of votes. Now, today, the PM contacted the lawyer of the Association and he says we should have only three officers. How does this explanation sound to you? The new four officers are working very well together. There may be a conflict of interest we have to deal with, but I am not sure. The Treasurer and the PM are partners (living together). I need some help in this new position. The honeymoon is over in less than 36 hours. One owner already reported a leak in their ceiling. The PM was contacted first. I was contacted 24 hours later because the PM is not reporting back to the owner. I have found out much more shenanigans going on. A contractor was hired for turret work and he is not in good standing in the State records, has a bad rating, has not submitted W-9 forms for workers doing the work, has not submitted proof of liability and work is in progress, etc. The work has been in progress for five weeks. I can work through all the challenges, but I have to work through the PM who is not willing to offer information and I have to go after her to get details, and still, she is dragging her feet. I feel I must know, and, the new officers must know more details to be sure that things are operating correctly. Officers are the ones who are liable. I am stepping into her area more than I should but I don’t trust that things are being handled properly to protect the owners against liability. Would you share your feelings about this situation? LJ
Hi LJ,
Thanks for your many questions. You have stepped into a challenging situation like many new HOA or condo Presidents. I have no comments about the votes that you describe as I’m not familiar with how this works. I do not know if you should have 3 or 4 officers. Your lawyer should have the correct answer and the number is usually outlined in the bylaws or other governing documents.
The biggest challenge is the potential for conflicts with the PM and Treasurer as they are partners. Directors need to be careful how much they “step into her area” and micromanage the manager. It is expected that managers update the board thoroughly at board meetings and answer all questions. Are other directors also asking questions of the manager in between board meetings?
I am going to update this blog post and include more information about working with HOA and condo managers.
Does a condominium property manager have a fiduciary duty to all owners of a condominium corporation? I understand that they take direction from the board, but do they have a duty to the owners in the condominium to deal with them truthfully, provide proper accounting records with relation to the suite in question, etc. I’m thinking they do… and that the manager here most definitely has not.
Hi Angela,
It is unlikely that your condo manager works directly for the board. It is more usual that the condo or HOA has hired a management company to manage their affairs, thus the condo managers are employees of the management company. A manager’s work would be outlined in an employment contract between the management company and the manager. The management company works as an agent for the board with an agreed-upon set of terms and conditions. They do not have a fiduciary responsibility to the owners of the condo corporation but are bound by their employment contract. I would be quite certain that any managers job description includes providing accurate information – such as accounting records – to owners.
It sounds like you are an owner and not happy with the property manager. In this case I suggest providing the details to your board. It is only the board who can fire a management company.
I am the new president on the board of directors for a condominium counsel of owners. The property manager and custodians work directly for the counsel and report to the board. These people have worked here for 5 + years and I find that there are absolutely no personnel files in existence. Can we the board require current employees to provide us with specific documents and get them to sign a background check authorization form so we can run background checks without approval of the entire board?
Hi Pat,
Are the property manager and custodians employees of the condo or the management company? If they work for the condo, I see no problem with asking them to provide specific documents or background checks. It does seem odd that it has taken 5 years for any of the board to notice the lack of documentation. There could be a state law that controls what you are able to do, so I would look into that.
If they are employees of the management company the condo does not likely have the right to ask for those documents. But, the condo could require management companies to provide the condo with staff who have passed background checks. Whether the board would be entitled to see this documentation is likely up to state law and the requirements of the management company.
Pat
I was able to get required documents from property manager and custodians. I have a question. Our property manager, reports to the board, is derelict in one of his duties. As president of the CCO board can I remove this responsibility from him without board members or homeowners approval?
They were hired by the board and report directly to the board
Thank you for your quick response. They work for the condo counsel of owners directly. It is my understanding that all personnel documents were destroyed during hurricane Harvey here in Texas. I checked with out community management group and received the same response as yours.
The board has an executive meeting tonight and I wanted to cover all bases before moving forward. It’s going to be an uphill battle as one board member has been on the board for a long time in one position or another. She and some homeowners who have lived here for 10 plus years are pushing back on this, and believe this does not require homeowners approval.
Pat,
I understand. If the records were destroyed, I see no issue with replacing them. It is critical that you have these records. It is also critical that you have a backup for all your record. Keeping paper records in offices doesn’t cut it anymore. Especially given the increased risk our properties face from floods, fire, tornados, hurricanes, etc. I have no idea why some owners would think that this requires approval from the homeowners. This should be under the purview of the board.
Good luck at your executive meeting. Let me know what happens if you have a chance.
Pat
I was able to get required documents from property manager and custodians. I have a question. Our property manager, reports to the board, is derelict in one of his duties. As president of the CCO board can I remove this responsibility from him without board members or homeowners approval?
Pat,
I don’t know why you would need the homeowner’s approval (unless your CCRs have some specific requirements – check), but I think this is something that the board members should know about and be in agreement with. In most situations, Presidents do not make decisions on their own.
Pat
If a condo board agrees to approving a motion at their closed meeting, do they have to make a motion and approve it all over again at an open Board meeting?
Pat;
This one depends on your state’s rules. Can you have closed board meetings? I’m not sure why there is a closed meeting and then an open meeting. If you can’t have closed board meetings, then I’m not sure why the board had one and made a decision at it. If closed board meetings are allowed, then why are decisions being made at a closed board meeting. You’ll have to provide additional context here.
Pat
The board meets once a month with the Property Manager in a ‘Managers Meeting’. At that time the board reviews issues and items that don’t need the council’s approval, and approve or reject. Then at the open board meeting we have to make motions and approve on the items we approved on in the managers meeting. To me it’s redundant but I’m told that’s the way it is, they go by Roberts Rules.
On a different note. I discovered that an employee who works directly for the board was hired 5 years ago under a a different board and they knew at that time he had been convicted of a felony – theft. He has access to homeowners units, personal information, and a limited amount of operating funds. What would you do? I’m not comfortable having him on staff. Thank you
Pat,
Roberts Rules does not stipulate how decisions get made by HOAs. Your state and HOA rules stipulate whether meetings must be open or closed. I don’t understand the process where you have managers meeting and then open board meetings. It does seem to be redundant.
It does seem odd to have a manager that was convicted of theft working in a setting where he has access to units, info and operating funds. I would verify that this information is correct before doing anything. Then I would talk to him and find out the particulars. It would be hard to fire him based on something that happened 5 or more years ago. If he was hired and he did not disclose this information then perhaps that gives you grounds to change his duties.
Pat
He did confirm his conviction. Now his insubordination is getting worse can the board terminate him without informing the ho.eowners before it happens. Does the board have to have a unanimous vote?
Pat,
Again, unless your governance documents state that owners must vote on terminating staff, the board can make the decision. Boards operate on a majority basis. If your board is 5 – you need 3 to vote in favour.
Pat
Good night,
What is the role of the Secretary in a Property Management company/Homeowners association.
Thank you.
Hi Darlene,
The Secretary is responsible for maintaining the association’s meeting minutes and official records, reviewing and updating documents as required and ensuring they are stored safely and accessible to association members.
The secretary can delegate the task of taking the minutes to another person but he/she remains resposible for them.
Pat
Can a Board member be a Property Manager and get paid a salary for their service as a Property Manager?
Hi Bill,
In most cases, this would be a bad idea. However, it is possible that a board member could also be a property manager and be paid. There are generally no rules preventing this (check your governing documentation).
I still think it would be a bad idea because the roles and responsibilities for each position are very different and would create a conflict of interest. Directors have a fiduciary to act in the best interest of the corporation and are able to vote in board meetings. Property managers do not have a vote and are tasked with working for the condo/HOA.
Having said this, if the HOA or condo is self-governed and small, it could make sense for a director to also be the PM. Any salary paid to this PM/Director must be approved by the board and communicated to the rest of the owners. A clear policy must be developed that describes remuneration, services expected, and under what situation could the PM be “removed” from his position as PM.
It could be a case where members of the self-managed board rotate through being the PM and have set terms. This could work for small condos or HOAs who do not have the resources to hire a management company.
There are a lot of ifs and buts in my answer, but without any clearing details about the condo, this is the best I can do.
Pat
Our current condo association board president is an owner of 3 properties in town, living off-site, hosting his mother in one condo, renting out the other condos in our association and managing several other condos. Is this a conflict of interest? He’s usuallly rude and bossy, condescending to other board members. I’m hoping he gets voted down soon at our annual meeting, but if there is a conflict of interest, it may be easier to navigate. Thanks for your help.
Hi Karen,
Conflict of interest can be complicated. There is no conflict of interest just because your current condo president owns three properties or because he is managing other condos. There might be, but I need additional details to say.
The best way to remove a rude and bossy board member is to vote him out at the next annual meeting. Hopefully, some owners are prepared to run for the board.
Pat
I’m a newly elected Board Member Secretary and I would like some insight on how to obtain a copy of the contract the property management has with our association. When the Board President requested this, he was met with resistance and deflection. Needless to say, our goal is to replace this company as soon as possible because we suspect fraudulent activity has been going on unchecked for years. Any advice?
Hi Jen,
It boggles my mind that your request for a copy of the contract that was signed with your association would be refused. It is just ridiculous, and it frustrates me when I get a question like this. Even though the president was met with resistance, I suggest trying again. Perhaps both of you could go this time. I would try this tactic; say that you, as a new director, need to know the specific details of the contract terms and conditions between the management company and your association. If a board doesn’t know what the management company is expected to do, how can you work – essentially blindly – with them? For example, the management contract likely spells out how many meetings the manager is expected to attend and the costs of attending extra meetings. You need to know this before asking a manager to attend a meeting and being surprised by an extra bill afterwards. You could also try passing a motion to obtain said documents at the next meeting and then present the minutes to management. If the board is united with this request, the company might be more cooperative.
If this doesn’t work, I suspect a tougher stance might be necessary. You could always engage a lawyer, but I am reluctant because this could escalate and end up costing a lot of money. Since you are already looking to leave this company, why not just say – if you don’t give us the contract then we will look for another management company – and see what happens. If they call your bluff – then give them notice of policy cancellation and start looking for a new company.
If you have sufficient resources and can afford to spend $ on a lawyer, this might be a successful approach. But, since you already suspect them of fraudulent activity, it might not be effective in the short term.
Have you started looking for a new management company yet? If not, I suggest starting ASAP.
Are there other records that the board does not have copies of?
Good luck in resolving the situation. Please let me know what happens.
Pat