Question:
I live in a community where the management company essentially runs the board and treats owners horribly. Our complex is slowly being taken over by investors and when we question this to try to limit it we cannot get a straight answer from the management company or the board. We have an annual meeting and the management company runs the meeting, yells at owners that question decisions and seemingly wants the property to be dominated by investors because we will never be able to gain enough votes to do anything. The management company is run by a husband and wife duo. The wife is also the receptionist. She has a separate company that manages the grounds and maintenance at the property as well as the contract for handling our dog poop disposal. When the owners have questioned this as a conflict of interest and offered other companies to use because of the high cost they raise problems with the company and fire them after the second week and resume their contract. Our board does nothing. They have recently opened a new management company while the wife is the owner of the previous management company while still holding the maintenance, lawn care and other contracts for the property. What recourse do we have?
– Rhonda
Answer:
Hi Rhonda,
You may review the governing documents to see if they address issues with the HOA management company. There may or may not be provisions regarding contract termination and the powers the homeowners hold.
Apart from this, you may contact the HOA board and raise your concerns with them. You may also do this at a board meeting. It could be that the board doesn’t completely understand the concerns of the homeowners. You can cite examples or instances when the management company is behaving inappropriately. Moreover, you can raise your concerns regarding investors.
If the board refuses to help, you may also opt to remove the problem board member(s) with or without cause in accordance with the North Carolina Condominium Act Section 47C-3-103(b) and the North Carolina Planned Community Act Section 47F-3-103(b), provided that the governing documents don’t say otherwise. You can also run for office to have more influence over the HOA’s affairs.
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
