Question:
I have a situation here in my HOA with snow removal.
Our manager has not consulted the boardmembers, and has given the ok for the Contractor to come back a 2nd time to clear snow at the HOA cost-add’l expense incurred.
I’m very cost-conscious in my community and want to built up operating funds so we don’t have to raise quarterly dues year after year. This, a secondary snow clearing the following day from the initial snowfall event wasn’t done in years past. It was a single snow clearing effort that we compensated the contractor to remove snow the night of the snowstorm.
I have no idea and prior communication that this was going to be started. He claims done for safety and prevention of risks-suits,ect.. Why this year was this started: winter 2024.
What rights do I have as a boardmember to dispute this, I have already reached out to my 2 other boardmembers to get their opinion. Our original snow contract does not state that a secondary, next day snow clearing is in agreement. He the manager calling it a separate snow melt/freeze event.
Please let me know if other HOA developments have this done?
It doesn’t seem cost efficient to me, and the already plowed piles of snow will be constantly thawing then re-freezing for several day after the initial snow event.
Seeking opinion and what I would need to do to formally dispute this if it comes down to that?
Thanks,Tom
– Tom
Answer:
Hi Tom,
You may ask the manager for a detailed explanation as to why they asked for the second snow removal. There may truly be safety risks involved and the snow removal was to avoid liability.
However, if you will choose to formally dispute, you may discuss the option with the other board members. Kindly also revisit the contract with the manager. It may state whether or not they are allowed to authorize any snow removal or maintenance work without the board’s consent, especially if it incurs additional cost. The contract may also outline any consequences if the manager acts without consent. You may also review the contract with the snow removal company to see whether the second removal was in-line with the contract or if it violated the terms. Kindly consult a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
