R&H Logo
So I’m in a HOA that has alot of problems because of this manager who has somehow gained control of our HOA how is this possible?? There is no secretary,no treasure,no president how do this work. How can I as a member of my HOA fight this fraudulent contracted manager who is on a power trip… It’s like the person who is on the board isn’t responding either and it’s been a couple of years…what can I do?
Dec 28, 2020
Other
Close Menu IconThe information provided is for general information and does not form an attorney-client relationship. See our .
Bill HenryFounding Partner | 19 years of experience
Call
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience
Call

Often, an HOA will hire a management company to assist with the day-to-day operations of the community. This usually includes things like the collection of fees and assessments, the hiring of contractors for landscaping, snow removal, maintenance of common elements, etc., and the enforcement of the community rules. The manager is typically selected and hired by the HOA's board. The manager is the agent of the HOA, and (depending on the terms of the contract it negotiates with the HOA) is generally obligated to do what the HOA instructs. Sometimes, the HOA gives the property manager the discretion to take certain actions or refrain from taking such action as the property manager deems appropriate. In those situations, it can feel like the property manager is telling the board what to do, and not the other way around. In rare instances, the property manager might even occupy one of the seats on the board, but that is not common. Regardless of the influence the property manager has on the HOA's board, it is still bound by the community's governing documents, and if it's not following the rules, you may be entitled to various types of relief including termination of the property manager's contract, removal of board members that are breaching their respective duties to the HOA, or other relief. If you feel that the board or its management company are not following the community rules, you may wish to consult with an attorney to understand your rights.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
Didn’t find what you were looking for?