Question:
I live in a community in Greenwood, Indiana. We’ve had numerous problems with a landscaping company and the board does very little to address the situation. I learned that we had a second bid that was lower than the one we use and has a better reputation but the board has not given any information or shown the bid to the homeowners. Is it not our privilege to be aware of such dealings. The bid has not been told to the owners. The owner of the second bidis a board members son but the community is aware of it and does not object due to the good reputation of the second landscaper. Do we not have the privilege as owners to to have a say on this subject. The landscape company we are using has done extensive damage to owners landscape and trees.
– David
Answer:
Depending on your governing documents, homeowners generally do not get a say or vote when choosing a vendor or contractor. This is up to the board. Price is not the only thing that boards consider when choosing a vendor, and cheap does not always mean best. Perhaps your board had other reasons for choosing the vendor you currently have. Additionally, since the second bid is from a board member’s son, the board might have chosen to go with another vendor to avoid a conflict of interest or the appearance of it.
If you are unsatisfied with the work of your current vendor, it is important to let the board know. Bring this concern up at the next board meeting or contact your board through other means. Homeowners may also request to review executed contracts, as per Section 32-25.5-3-3 of the Indiana Homeowners Association Act. The contract should shed light on the scope of work of the vendor and what their agreement with the HOA is.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
