Many owners may receive notice from their Bank or Mortgage Company each year requesting a certificate of insurance to provide proof of coverage. Upon contacting the management company, many of you have been charged a small fee for obtaining this information, and are upset and/or confused by this process.
What is HOA Management?
A home owners association is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&R’s, Bylaws, and Articles of Incorporation. The governing legal documents for the association may be viewed online within the Resource Center page of each community website. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
Q: I read your article in the Charlotte Observer about HOAs being nonprofit corporations and the rights of members to inspect the HOA’s records. Where can I find all of the information that you referred to in your column?
Helpful Hints for the Board of Directors
One of the toughest challenges a board of directors can face is the decision and process of bidding out the association’s management contract. Boards often feel they have a fiduciary obligation to bid out the management contract when, in actuality, the board may simply not realize it is already exercising appropriate fiduciary obligation by working to preserve and extend the relationship with the current management company.
The first thing the board should do in considering bidding out the management contract is to ask itself why it should go out to bid. Is there a service issue with the current managing agent? Or is it really about price? Perhaps there is just a clash of personalities with the current staff assigned to the community on behalf of the managing agent? Any of those issues should be promptly discussed with the current managing agent. From day one of establishing a relationship with your management company, the board of directors needs to be prompt and upfront with the company regarding any issues or obstacles. Just as the board expects management to be proactive and candid, the management company has the same expectation of the board. After all, you are in a partnership with your management company – the fewer the surprises the better the relationship between the two entities. So, whether price, service, or personnel are the issues, let your current managing agent know. When possible, all efforts should be made to overcome any concerns of the current managing agent and contract.