Is it unreasonable to request review of vendor contracts of my California HOA as a director? The few I see in my "director binder" are outdated, and/or have no business or other license info, nor do they list an owner, or, if incorporated, not enough info to find active listing under secretary of state, if not actually suspended. There have been suits we've lost related to work without permits and managers' actions in the past. I am concerned especially when the city's extensive business license online search data shows no business license for the management company and some of the vendors even though one has to have a business license issued by San Diego to do business in San Diego even if there have not yet been any earnings. The licensed businesses show a first licensed date, start date and expiration date, address, owner, etc. When I asked to have updated vendor contract info for the binder after pointing out many vendors we regularly do business with aren't included and those few that are shown in the binder have very old agreements, I was first put off and then questioned about what I wanted to see vendor contracts or agreements for. Finally, I received a letter from the attorney who represents the HOA warning me about not using director status for personal interests, and about accusing the board of improprieties existing in form of suggestion that absence of documents based on my requests for invoices or contracts for some work done within past three years is evidence of wrongdoing . We're reminded we still are owners with owners rights even though we have a fiduciary duty to all members as directors. My requests for review of invoices were made as a homeowner specifically (continued from previous year) and my requests for review of vendor contracts were made as a director. The manager and officers treated both as director requests though I pointed this out to them and it was confirmed by some I'd made that differentiation. But they didn't explain that to the attorney, The letter is obviously sent to dissuade me from attempting to review vendor service agreements and or contracts. This is the first year I have run for and been elected to Board though I've been an owner for 24 years and It doesn't seem to be responsible on my part to just rely on the manager's assertions that contractor's licenses exist for all work requiring such licenses, and that coverage exists for employees of the services that "employ" office assistants, janitors and maintenance workers who are here full time but not as employees of the condo "community corporation" , when the manager doesn't have even a business license under her own name or under the dba she uses. Don't I have a responsibility to the members to make this known, or, that I am being prevented from investigating the validity of vendors at least with regard to business licenses? Maybe I have to quit the Board to investigate or make these concerns known though that seems to defeat the purpose of being on the Board to try to ensure resources are being spent for legitimate purposes and work is performed by qualified vendors. It's hard to overlook no business licenses at least as a homeowner who would look for this if paying for services on my own and as a legal assistant with a good understanding of contracting parties, businesses and their agents and liabilities that can belong to parties based on the actual written contracts and agreements. |
