What to Do If You Don't Like the Condo Board's Manager
When you purchased your unit, you agreed to the Conditions of Condominium Registration (CCR) associated with your development. Your rights are outlined in this agreement, so it's crucial to understand what those terms entail. If you didn't read the agreement before signing, it might be worth reviewing it now.When it comes to the choice of a condominium manager, it's important to realize that the condominium board has the final say. You can voice your concerns but ultimately, the board's decision is binding. If you and a minority of fellow condo owners are unhappy with the board's choice, you are probably stuck with the majority's view. However, if you are part of a solid majority, you can bring up your concerns at the next board meeting and insist that the board take action.
Constitutional Rights and HOA Bylaws
If you are in a substantial minority who are not satisfied with the board's decision, your options are limited. You can either wait and see how the situation evolves or take action by running for a board seat in the next election. HOA board members are often reluctant to serve due to the thankless nature of the job, but they play a crucial role in making significant decisions that affect all owners.One approach is to gather a group of like-minded owners and attend the next board meeting. Raise your concerns respectfully to the management company's representative, who will likely be present. Many issues can be resolved through better communication or by recognizing existing problems. Prompting a discussion can sometimes lead to a mutually agreeable solution.
Assessing Manager Performance
Before jumping to conclusions, it's wise to wait and evaluate the manager's performance. A manager's contract should be reviewed to see if it includes provisions for performance evaluation. Only after assessing the manager's work should you consider whether their contract should be renewed or terminated. If the contract is nearing its end and there is a valid reason to do so, you may have grounds to take action.Activating Your Rights as an Owner
If a small group of owners (let's say a handful) are dissatisfied with the manager, you can voice your concerns at the general board meeting. Have your concerns documented and presented collectively. Ensure that the minutes of the meeting include a record of these concerns, which can then be distributed to all condo owners. The board can address the issues during the discussion. They may choose to keep the manager or replace them based on the feedback.It's important to note that if the board decides to keep the manager and you are not satisfied with their decision, the next step would be to vote out the entire board. Replacing a manager can be easier than replacing the manager's company, especially if there are contract terms in place. Additionally, the new management company may not have access to vital records from the previous company, such as financial reports and emails.