Tag Archives: Property Management

Condo Cleaning Contractor Petitions Unit Owners

B.B. from outside of Connecticut writes:

Dear Mister Condo,

Hello Mister Condo! Our Condo Board has a service contract with a cleaning contractor to provide cleaning services for our condo properties. The service contract has been uncontested for 15 years. One full-time on-site contract employee has been the same person for 15 years, the other part-time employee has not served as long. There has been an increase in complaints about the cleanliness of the properties, and after requesting a copy of the service agreement from the Property Manager, the Board realized the staff is not addressing all the tasks included on their contracted weekly schedule. The lead staff person is a nice person, and the President of the Board makes excuses for his not addressing his weekly schedule, by using snow, heavy rains, equipment breakdowns, unit owner issues, etc. as the reason. Complaints about housekeeping started to be mentioned at the monthly Board Meetings, and letters were written to the Property Management Office, which prompted a Housekeeping Committee to be created and a walk-through to be conducted of the properties. A revised cleaning schedule was recommended.

The President of the Board and Property Manager do not wish to change vendors as it would disrupt their schedules, and the Property Manager would be required to be on-site more often. The cleaning staff have become an extension of property management, and share responsibilities with the sole part-time maintenance employee, with maintenance tasks, plumbing, heating, issuance of parking passes, passing out flyers, etc. All the while, the properties are not being cleaned. Somehow, after much debate, we are now at a point where we are now entertaining new proposals from competitive cleaning contractors, of which the President of the Board is trying to diminish or do away with. The existing contractor has also been given the opportunity to revise their contract to put together a more realistic job description for their staff.

One week before the Board is to review the competitive bids for a revised or new cleaning service, the contract cleaning staff took it upon themselves to go door to door and camp out in the building lobbies, requesting signatures from unit owners to retain their services! What Unit Owner would feel comfortable not signing this petition? In the meantime, they are still not fulfilling their cleaning contract work schedule and their effort is minimal at best. Five Board Members have signed their petition, which means they are settling for mediocre services because they don’t want these employees to lose their jobs. In the meantime, the employees are stubbornly refusing to fulfill their work contract because they feel they have the support of the President of the Board and the Property Manager.

What does one do in this situation? What do you recommend? Some Board Members will not challenge the existing President, who is a bully. The cleaning staff are taking their lead from the President of the Board. They feel they have his support. This is more than frustrating. All we want is a clean building with staff that respect their positions and do their work. Property Management work is much more appealing than the actual cleaning that is required. Thank you for your time.

Mister Condo replies:

B.B., this is an unfortunate situation but not uncommon. Ultimately, the Property Manager and the cleaning service report to the Board. If the Board is unwilling to correct their behavior then nothing is going to change. Unit owners control who serves on the Board, including the President. If the Board is underperforming, it is time to vote in some fresh blood who will act in the best interest of the unit owners, and the unit owners only. A new Board may also wish to select a new Property Manager when the contract comes up for renewal, especially if the current Property Manager is underperforming as you have suggested. Of course, all this takes a willingness to serve from folks like yourself who are fed up with how thing s are being handled. If no new volunteers come forward, things are unlikely to change. Good luck!

Noisy Condo Neighbor Ruining Renter’s Peace and Quiet

P.M. from outside of Connecticut writes:

Dear Mister Condo,

I am dealing with a neighbor at condo. I am a renter; she is not. She is loud and noise every night until at least 1:00 a.m. The owner I’m renting from is lazy. I can’t wait until May to leave next year. I tried talking to this neighbor and had to call police twice. The manager of the association says they will send a letter but the problem still persists. Recently, a picture fell of my wall and broke. She stomps on her floor on purpose and intentionally drop loud objects. I am so angry I can’t sleep. What can I do?

Mister Condo replies:

C.J., lazy or not, your landlord has a responsibility to provide you with a rental unit as outlined in your rental agreement. Most likely, that agreement included a copy of the rules and regulation for the condo association where you reside. Inside those rules, there are the steps for complaining about another unit owner or resident that isn’t following the rules. Typically, a report is made to either a Property Manager or directly to the Board. There are usually rules about acceptable noise levels, quiet hours, and peaceable enjoyment for unit owners. As a renter, you may or may not have the ability to directly lodge such a complaint, meaning it may need to come through your landlord. If your landlord refuses to support you in this effort, he may be breaking terms of your lease which may leave you the opportunity to end the lease early. However, if you decide to break your lease early you may be out of your deposit or create a legal battle between you and your landlord. My practical advice is for you to motivate your landlord or have him give you the power to work directly with the Property Manager or Board to bring about a resolution. Understand that it may take time and as the months go by towards the end of your lease, the simplest solution may be to not renew your lease. If you decide to break your lease, speak with an attorney to see what legal and financial consequences you may be incurring. It is an unfortunate circumstance to say the least. However, in tight living spaces as many condos offer, an unruly neighbor can make living there unpleasant. Good luck!

Are All Condominium and HOA Documents the Same Regarding Common Elements?

J.J. from New Haven County writes:

Dear Mister Condo,

Hi Bob, I just listened to the podcast about the alligator in the condo fountain (http://askmistercondo.com/alligator-in-the-condo-fountain/)! I have a question that I am hoping you can answer. But, a little on me. I have been involved in the community association maintenance business since 1978, with the last 17 years as a general contractor specializing in condo buildings repair and capital improvements. I have worked for various management companies over the years. Some good and some not good. My question is I understand the laws have changed some years back in regards what the association is responsible for as far as maintenance. When I started, I learned the association covered to the drywall. Now. I am hearing the association covers a lot more inside the unit. I ask managers and no one either knows or won’t give me a straight answer. Can you help so I may service my associations with correct knowledge?

Mister Condo replies:

J.J., the answer literally varies from association to association so there isn’t a “one size fits all” answer. Additionally, I know of some associations that have modified their rules based on “how we’ve always done it” situations, regardless of what their governing documents say. Also, we have a few different types of common interest communities operating in our state and each has their own peculiarities. Condominiums are the most common and your explanation of from the walls in is quite common to describe what the unit owner is responsible for. Planned Unit Developments (PUDs) are also common in our state and often have the same type of rules. Cooperatives (coops) are also plentiful and have similar but not exactly the same rules. Homeowners or Property Owners Associations (HOAs and POAs) are also common but seldom get into the unit interiors. These groups are typically about architectural conformity and shared common amenities (a clubhouse, pool, beach, etc.) Within each of these groups are additional subsets (Adult Communities, 55 and over, Assisted Living, and so on). As you can imagine, each has their own set of governing documents and each has their own specifics on who owns and maintain which elements.

As a contractor to an association, you are going to handle the work assigned to you by the association. You should ask the association where the association responsibility ends and the unit owner responsibility begins. Short of you taking the time to read all of their governance documents, you would have to operate under the assumption that they know what they are talking about. If you complete their work order, and they pay you for your work, it is of no concern to you if they need to then bill an individual unit owner for work you did on their behalf. If they are asking you to bill a unit owner for work you performed at their request, I would ask them to change that arrangement for the sake of your business relationship with the association. You know the association will pay you for work you have contracted with them. You have no way of knowing if a unit owner is going to pay you for work done to their unit at the association’s request. After all, they didn’t hire you. I know haven’t given you a “cut and dry” answer here but that is the nature of the industry. Keep doing the great work you’ve been doing and I am sure the issues of responsibility for maintenance will work itself out, association by association. Good luck!

What to Look for in new Condo Property Manager

D.G. from New York writes:

Dear Mister Condo,

I saw you speak at a recent CAI Long Island chapter meeting. We are looking into a property Management company. What specific and important questions should we include in our Request for Proposal. Also, can you offer some suggestions on important questions to ask Property Manager company during the interview. Thank you for your assistance.

Mister Condo replies:

D.G., thank you for your question and I hoped you enjoyed my presentation. It was my pleasure to address the membership of the CAI Long Island Chapter. I hope to be invited to come back and speak with your group again. I have a new page on the website describing the program if you care to take a look – http://askmistercondo.com/mister-condo-live/

On to your questions. I am happy to learn you are seeking some advice BEFORE hiring a Property Management company. It is not like buying a T-Shirt, where One Size Fits All. There are many different types of Property Management companies and even Property Managers within the company. Obviously, reputation within the industry is important. You should certainly speak with other CAI Chapter members who have hired Property Managers and ask them how pleased they are with their choice. Referrals and reputation play a strong role in Property Manager selection.

Your request for Proposal should include all of the services you want the Property Manager to perform. Will they simply handle your bookkeeping needs? Will they perform on-site inspections? Will they provide Property Maintenance services like landscaping and snow removal? Will they need to provide on-site personnel? For smaller associations, the management needs can be fairly simple. For larger associations, the needs can be quite significant. You should work with your Board to answer the questions before you prepare your Request for Proposal (RFP). Additionally, I know of many community association attorneys who like to be hands-on in the RFP process as they would prefer to help in a pre-emptive manner rather than having to deal with a potential problem that could have been avoided. Something to think about.

During the interview, one of the questions I like to ask is if the Property Manager can describe a recent challenge and how they helped the community overcome it. While this may not be the same challenge your community will face, it may give you an idea of how this manager operates. If you are facing a current challenge, you might want to ask how they would solve the challenge. Again, this will give you an insight as to what to expect once you hire them. Of course, I am a big fan of hiring Property Managers that are active in CAI. That signal me that they are industry professionals and are keeping current on their training. As you know, laws change, technology changes, and the overall methodology changes as well. CAI Member Property Managers tend to be “in the know”, which is a tremendous benefit to their clients. Hope that helps. All the best!

Can the Condo Property Manager Sue Me?

M.Z. from outside of Connecticut writes:

Dear Mister Condo,

Has the property manager the right to fine me or sue in court?

Mister Condo replies:

M.Z., I am sorry you find yourself at odds with your Property Manager and now need to inquire if you can be fined or sued. The answer to both questions is yes, but with a few caveats. Property Managers work for the association and are granted their powers to enforce the covenants of the association by virtue of their contract with the Board to do so. They cannot make up offenses that you can be fined for. If you are in violation of your community’s rules and regulations, the Property Manager can issue you fines as outlined in the governance documents and in accordance with local and state law. In many states, unit owners who have been cited for violating rules must first be summoned to appear before the Board and state their case before the fine is issued.

Suing you is a different matter entirely. As an individual, almost anyone can sue anyone in this country. The Property Manager can follow the Board’s instruction to bring suit against a unit owner for a couple of reasons. The most common is that the unit owner is in arrears with the association. Delinquency of common fees or special assessments are the most common reasons an association would sue a unit owner. An ongoing dispute over architectural compliance issues is another. In both of these instances, the Property Manager is acting on behalf of the Board. If you and the Property Manager got into an altercation (I hope not!) and the Property Manager decided to sue you personally, that is certainly their right.

The bottom line is that you should speak with an attorney if you are being sued. Personally, and professionally, the Property Manager can bring suit against you. You will want to defend yourself. I hope it doesn’t come to that. Good luck!

Condo Bullying and Harassment

R.C. from Florida writes:

Dear Mister Condo,

What can unit owners in Florida do when bullied, followed, harassed, watched, threatened, etc. by condo association members and property manager? Especially when a lot of us are elderly and/or disabled physically in some way? Can you at least point me in the right direction?

Mister Condo replies:

R.C., I am sorry you and your neighbors find yourselves bullied, harassed, threatened or otherwise bothered by anyone, let alone the folks who govern and manage your association. True bullying, harassment, and threats are criminal offenses which should be reported to the proper authorities, including your local police department. Short of that, you might want to speak to an attorney who specializes in elder law to see what types of protections you are offered. The Property Manager works for and reports to the Board of the condo. You and your fellow unit owners have elected the Board to serve. If they aren’t doing the job properly, it’s time for a new Board. The condominium’s governance documents spell out the rules, regulations, and enforcement procedures for the condo. I guarantee you that bullying and harassment are not a part of those documents. In my experience, the best remedy for a condo bully is to stand up to him. That may mean removing him or her from his position of authority. It may even mean calling the police or bringing suit against him or her in a court of law. Bullies like victims, not folks who fight back. In Florida, you might want to check out the Department of Elder Affairs website to see if there are local resources to help you as well. You can find the information online at http://elderaffairs.state.fl.us/doea/report_abuse.php. Good luck!

Cleveland Condo Association in Search of Assistance

A.B. from Cleveland, OH writes:

Dear Mister Condo,

I’m looking for recommendations for a property management company and/or a company to perform a reserve-study. I’m in a medium high-rise building (60+ units) in the Cleveland, Ohio area. Any help is appreciated.

Mister Condo replies:

A.B., kudos to you and your association for seeking a qualified property management company and a Reserve Study. Great community association governance begins with a solid plan and a great team. As you know from reading my column, I am a solid supporter of the Community Associations Institute (CAI) and their members as they are the folks who bring you the best practices for community association governance. If your association isn’t already a member, you should consider joining. In Ohio, you have three local chapters but the Cleveland, Ohio region is serviced by my friends at the Northern Ohio Chapter of CAI. They have a website at https://www.cainorthernohio.org. My best advice for you is to use their contact form at https://www.cainorthernohio.org/contact and tell them you would like a list of local credentialed community association managers and a list of Reserve Study providers. I didn’t see any local events for you to attend listed on their website but I would ask them about that as well as I know they host educational seminars from time to time where you could not only educate yourself but also network with similarly minded folks and local industry professionals who are sure to want to offer their assistance. Thanks for the question and good luck!

Jersey Co-op Unit Owner Strong-armed into Questionable Repairs

L.S. from New Jersey writes:

Dear Mister Condo,

I have unit in a large co-op (almost 500 units) which is rented out. The Manager of the co-op is pushing me into renovation of 2 bathrooms in this unit. The claim is that high moisture reading in adjacent hallway is caused by my bathroom. The reading of moisture is provided by co-op engineer who does what Manager wants. The Board doesn’t want to help. The Manager has only 2 approved contractors who do all work in co-op and gets paid from them (no proof, all cash). The Manager has same bullying background and law suit from previous work place (co-op) requesting unit owners to do unnecessary repairs and getting kickback.  Both bathrooms have no visible defects and look perfect from inside. What can I do? The Board doesn’t respond to my complaints. I wrote to them showing Manager’s background. All correspondence goes through Manager. Is there any organization that protects unit owners in co-op in NJ?

Mister Condo replies:

L.S., thank you for writing. I am sorry for your situation. I am not an attorney so I cannot offer you legal advice. You are describing a particularly legal situation that may very well require legal action to settle. Further, since the Board isn’t amenable to take your side and question the tactics of the Property Manager, that leaves you alone in your battle. If you can’t afford an attorney to represent your best interests you may have little other practical choice but to sell the unit and buy elsewhere.

In NJ, the Department of Community Affairs is tasked with investigating allegations of HOA abuse, which this may fall under. Their website is http://www.nj.gov/dca/divisions/dhcr/ and I encourage you to look there and see if there isn’t a resource to assist you. Good luck!

Role of the HOA Board versus the Property Management Company

E.P. from outside of Connecticut writes:

Dear Mister Condo,

Grateful to discover this resource! Looking for material that outlines the role of management versus the role of the HOA board. As president, I’m raising it as a priority for this year to seek balance, lessen frustration and increase communication between the two. We have a hi-rise with 24/7 staff. Our largest budget expense is the management contract and salaries and benefits. It’s also our largest source of waste if people aren’t clear on their roles. Direct me to best practices, please!

Mister Condo replies:

E.P., congratulations on taking charge of this issue. I am glad you found this resource as well. The basic information to impart on your unit owners and residents is that the management company acts as the Board’s agent in enforcing the rules and regulations of the association. The Board is the governing body that is responsible for all aspects of association governance and directs the work of the management company. The Board is solely responsible for the policies and rules that the management company enforces at the Board’s request. It is important to note that the Board is made up of democratically elected volunteer members of the HOA. The Management Company is employed by the Board. The best resource I am aware of discussing these roles is the Board Member Toolkit, a free download from the Community Associations Institute. Get the download here: https://www.caionline.org/_layouts/15/download.aspx?SourceUrl=/HomeownerLeaders/ResourcesforHomeownerLeaders/CAI.BoardMemberToolkit_2014.pdf I think you will find it perfect for what you are looking for! All the best!

Self-Managed Condo License Requirement

B.D. from outside of Connecticut writes:

Dear Mister Condo,

When self-managing condos, do you need a real estate license?

Mister Condo replies:

B.D., I think you are referring to a community association management license versus a real estate license. A real estate license has nothing to do with managing a condominium. Generally speaking, self-managed condominiums can be run by the association without a licensed community association manager. However, there are plenty of exceptions and state laws vary widely on this matter so you need to take a look at your local state laws regarding self-managed community associations. Some of the factors that go into determining whether or not the manager needs licensing include the size of the association and the size of the annual budget. Some states require anyone who manages condo associations with more than 10 units to have a license; others do not. Some states look at the annual budget and set a requirement for licensing if the budget is over $100,000 per year. It truly is state dependent so check out your state laws or speak with an attorney who is experienced with community association laws in your state to make sure you are in compliance with any licensing requirements. Good luck!