R.H. from Florida writes:
Dear Mister Condo,
My 24-unit condo by laws say that an audit must be conducted once a year. Florida statutes say every 3 years. In addition, the property manager pushed through a specific contractor and that was 3 times the price but the other directors back her up. I am the president but I can’t get any info from her because she is aggressive and doesn’t let me say a word without attacking me verbally. I am now taping the meetings. A woman is unofficially taking notes but doesn’t sign them. They are not a good synopsis. What do I do?
Mister Condo replies:
R.H., thank you for your service to your community. I am sorry it isn’t a better experience for you. Let’s try and break down a few of the symptoms and see if we can’t get you on the right path. The audit requirement in your governing documents likely override the state requirement as they call for more frequent auditing. If your bylaws called for audits every 5 years, then the state law would supersede your documents and you would need to audit every three years. The contractor performing the audit is hired by the Board. As long as the rest of the Board is OK with this auditor then there may not be too much you can do about it. Ideally, hiring an auditor is no different than any other vendor. Bids should be collected and a contractor selected. If your Board doesn’t function that way, there may not be too much you can do about this particular vendor. Unofficial notes are not the proper method of taking Minutes of meetings. Are there formal Minutes of your meetings? If not, the association is opening itself up to all kinds of troubles. Minutes are the official and legal records of your meetings. The Board Secretary has the responsibility of keeping these vital records. As President, you are functioning as the executive of the association and it is important that you know what needs to be done. If any vital functions are not being handled correctly, you may need to offer assistance or seek new volunteer leaders from within your community to get the job done. Typically, property managers work closely with their Boards to manage the association. The adversarial relationship you have described to me makes me wonder why the association would renew their agreement with the manager. I would encourage you to take a good look at the management company agreement and get competitive bids for when the renewal comes up. There is no reason for the association to continue using a manager that doesn’t work well with the Board. However, if the rest of the Board is satisfied you may find them reluctant to change management companies. I wish you all the best.