How to fire a property manager?
Question:
What is the protocol to start proceedings to remove a property management company by majority of owners
There isn't one. Like minded people would have to gain control of the board by election or a recall.
You could present a petition to the board but they do not have to act on it.
BRYAN
You don't. The property management company answers to the Board. You have to get a majority of owners to replace the Board, then the new Board can consider the question of replacing the property management company.
SandyH
Have you had a discussion with any board members about this? If so, and they don’t agree with you, Read your docs/bylaws. There should be a mechanism where the owners can demand a special board meeting to discuss this topic.
Assuming there are good reasons for your request, and if the board refuses to terminate their relationship with the management company, perhaps they will at least put in place corrective actions to resolve the issues. If not, replace the board members.
Colin - MD
SandyH: You can demand whatever you like, but the Board doesn't have any responsibility to respond to any of them. If it did, anarchy would begin to rule.
Official petitions can be made for removal of Board members but that's about all.
The procedure for this should be in Association bylaws.
Kim in Florida
Agree with SandyH.
Jim
We as the BOD fired the manager. We told the VP of the managerment company to start sending us additional manager to interview as property manager. Then the managerment company removed the existing manager as well hired a new person. If you have to allow membership vote on removing a person, from what I have seen on hoa properties nothing will get done. It's hard enough to get members to vote at election time.
Patricia Allard
I as a Property Manager can reply more intelligently if I know what the allegations are? Surely, there is a signed contract that covers whatever they, the allegations are???????
Jack
Most of the times when you hear "majority of owners" it is just a handful of their friends and nowhere near a majority.
Cat
used reserved funds unauthorized, no maintenance on buildings no $$, made himself President he doesn't live there. Gossiping about owners by name that were behind in HOA fees. Selectively and discretely asking people to be on board and excluding others that wanted to be on the board.
Colin - MD
Cat: Unfortunately your president is able to do all that you identify.
Kim in Florida
If one can’t get a majority, then the manager must not be bad enough to fire?
Patricia Allard
I agree with Jim regarding owner participation. Associations are obligated to hold Annual meetings every year. One unit owner attended last year, and the year before that one unit couple attended. The Board puts a lot of effort into the Annual Meetings.
Colin - MD
Patricia Allard: With that attendence, I do not believe you even had a quorum for your annual/election meeting - unless it was one that had to be adjourned after previously not achieving a necessary quorum according to your bylaws or your State statutes.
Colin - MD
Your Association has a contract with your management company, and it is up to your Board to do the hiring and firing, and your management company can also drop you.
And it's likely that both can be done without cause giving 60-day notice.
Colin - MD
And please be aware, management contracts can be annual ones, and read your contract carefully.
You likely will find that your 60-day notice for both Association and Management company applies at the end of your contract and not at any other time. And it's a must to read your contract!
Suz - OHIO
To fire a Property Manager - generally only takes a majority vote of the BOD. Once you have that - read the contract that was signed by the BOD & the Property Manager. Ours requires 30 day written notice.
Greg NW FL
I agree with Suz -Ohio. BoD takes a vote and BoD majority decides. We have switched property managers 3 times with in same management company at our request. First 2 thought the BoD worked for them and not the other way around. We have also interviewed other local management companies - most in our are handle short term rentals and not our long term rentals with many permanent owner residents. Just make sure you capture all records before switching management companies. Often a switch in property manager will solve issues you might have - and sometimes even result in management fee reduction.
Answers (17)
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Jack