Question:
We are an hoa with a board of 5 and a management company. Our contract with management co goes thru oct 2022. Our board would not fire company when we had the chance. They do nothing and we have to continue calling to get things done. Our president refuses to work with board members. We petitioned with 20% of homeowners signatures for special meeting which we were entitled to under fla statue but we were refused our meeting. We could use some advice. Thank you
Sharon
Answer:
Hi Sharon,
Thank you for your question. If your community hasn’t done anything lawsuit worthy, then your BEST bet is going to be waiting until the next election and being voted in as a Board Member. While you wait:
1. Compile a list of projects you want your community to pursue
2. Campaign and achieve support for your position and projects. It would also be optimal to find co-board members that want to run with you or to obtain the support of the other board members currently on the board.
3. Know your dates:
When will your contract end with the current management company? When do you need to give the current management company a termination notice?
When will you be elected onto the Board?
When can you hire a new management company (remember that it’s optimal to give both the new and old management companies at least 3 months notice for the transition).
4. Interview other/better management companies and create a top 3 list (you’ll want to have the date notes ready for the interview process).
5. Get on the Board and start making changes!
If you live in a community of 100 homeowners, you have a 1% vote. If you’re on the Board with 4 – 5 Board Members, you have a 20 – 25% vote! Your ability to affect change increases significantly once you become a Board Member.
If you can’t become a Board Member, your next best bet is to convince the current Board Members to appreciate your views and ideas. You can do this via email, coffee dates, board meetings, passing by in the neighborhood, etc.
If you can’t become a Board Member and you can’t convince your current Board Members of your views, you could try to convince the rest of the community. This is incredibly difficult (as you’ve discovered) and rarely successful in my experience. The numbers simply aren’t in your favor.
As a final note, don’t forget that your management company is employed by your Board of Directors. There is certainly a possibility that the Board is limiting the ability for the management company to “do anything” for your community. Everything the management company could/would do must be approved by the Board and if the Board isn’t approving anything…..the management company can’t move forward with items such as: Sending violation notices, collecting dues, obtaining quotes for maintenance/landscaping requests, etc.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
