Last Resort at a Resort Condo

M.M. from Texas writes:

Dear Mister Condo,

I live in a resort condo in Texas. About 5 months ago board hired managers. The GM quit for some unknown reason after some questions a few of us asked. Now, the president of HOA has given the job to someone seemingly to be unqualified. A former member of the board asked to see her resume. I was shocked when president said he talked with an attorney and he didn’t have to show this person’s resume. OK, weird, and I sat in on board meetings. She reported to Board what was being done and gave credit to a favorite supervisor/friend she hired. Well he wasn’t the employee that deserved credit and I know there are things she hasn’t done. I live here. 96% of the owners use it as vacation home or do short-term rental. I know and see what goes on and what the GM isn’t doing.

There is no leadership anymore, barely a schedule, no time clock, no work logs, no evaluation of housekeeping after they have finished. There is no inventory of tools and nothing is being checked by anyone. She has filled the staff with good friends. The president of HOA seems like he is protecting her. How can we get rid of her before we are all bankrupt? What can I do as owner of condo and co-owner of the building.

Mister Condo replies:

M.M., I am sorry for your troubles. I am sure it is very disheartening to see all of this unfold under your very eyes. I am guessing you already know what I am going to tell you. Regardless of how you perceive the association is being run and governed, it is the duty of the Board to protect the association from financial ruin. In a resort community such as the one where you live, the owners rarely get together. Many cast their vote by proxy and simply look at the bottom line when making decisions on who will serve on the Board and as officers. Are the other unit owners content with the way things are? If yes, things aren’t likely to change. If you were to shed light on what you are seeing and experiencing, they may be inclined to vote some new blood on to the Board and leadership positions. Perhaps you would make a good candidate for the role? Other than that, unless you witness some criminal activity, the Board hires the manager and has a say in who the manager hires but that is about it. Unless you are in a leadership position within this association, there isn’t too much you can do. If your rights as a unit owner have been violated and you wish to take action against the association, you might want to speak with a locally qualified attorney. Based on what you have expressed here, I don’t see where that is necessary. The Board has been democratically elected by the unit owners. Unless those unit owners are prepared to remove the Board members, nothing is likely to change. Good luck!

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