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How can our HOA fire our property manager?

Posted on Fri, May 21, 2010 @ 06:00 AM
I own a condo in Florida. I first rented, and then I purchased about 4 years ago. My property manager is extremely rude, racist, harasses people and no one in the community likes her. She once yelled at my 9 year old daughter when a family member came from out of town and we did not register them in the office. Now my question is HOW CAN WE GET RID OF OUR PROPERTY MANAGER? what steps can we take as condo owners to stop the abuse from our property manager. Many people have moved out and abandoned their condos because of the property manager. There have been a few people that had complained but I was told that she is related to the president of the association. Please help!!!J65QQQYWC8RH



I can't answer for Florida but in Massachusetts by the requirements of our condominium act, the manager may be terminated on 90 days or less written notice without casue and on 10 days notice after opportuniy to cure for cause. Of course, you would have to convince board to terminate if you are not on board.

posted @ Friday, May 21, 2010 6:28 AM by Stephen Marcus

You will need to check the condo docs also the F.S. 718 (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/titl0718.htm&StatuteYear=2009&Title=%2D%3E2009%2D%3EChapter%20718) to seek how to proceed in this case by terminating the property manager, which behavior should not be acceptable and you need to request the board of directors to take action on the subject, if not you will need to take it to the next level consult a lawyer on how to proceed.

posted @ Friday, May 21, 2010 9:12 AM by Jose E. Humaran

Don't waste your money on a lawyer, I doubt you can take legal action to have the PM terminated. The PM's contract is with the assn not with you. Only the BOD can take action against her and any action taken must be in accordance with her contract, that is if she is an independent contractor. Depending upon the terms of the contract they may be able to terminate with or without cause. On the other hand, if the PM is an employee of a mgmt co that the assn has a contract with, then the BOD may request she be replaced by another PM.  
I suggest you send a letter to the BOD outlining all your complaints against this PM. Advise all your friends and neighbors who have the same complaints to do likewise. If enough people complain to the BOD, perhaps they will do something about it.

posted @ Friday, May 21, 2010 10:20 AM by Mary

I would suggest that you take it upon yourself to contact a few property management companies . Find out what the services are that they offer and how much they would charge your community. Then I would email all the BOD members with your concerns about the current company. Also include all the information about a company that you have found as a good replacement, the cost and services etc...  
I suggest this because BOD members are serving as volunteers and their time is valuable to them. They probably get many kinds of complaints form unit owners but not a lot of helpful suggestions to fix the problem. Finding another company takes time and consideration and the BOD may not want to spend the time looking. I realize that is there job. But they are your neighbors and as such it would be really helpful to them if you provide them information about other companies. You may even be luck enough to find a better company for less money. In today's challenging economic times if you can reduce any costs the BOD will be more interested in what you are complaining about. Also you can build support from other unit owners by letting them know that you found a good company for less money. I think you will get better results from BOD members if you approach it this way.  
I did it this way. I waited until a few months before the annual contract ran out . I did not like waiting. But it was easier that trying to break the contract because of all the negative stuff involved with proving what the manager was doing or not doing. No one likes dealing with this kind of thing and so they usually just stick with whom they have. It is simpler to plan to switch when the contract ends. You will have to find out how much time is required to give notice and the method of notification to not renew the contract. It could be 30 days or 90 days. Some automatically renew unless notice is given by a certain date.  
Most people do not like change. They like it even less when there is work involved. Believe me switching companies is work. But it can be worth it in the long run. Try to understand why the BOD would rather stick with the company they have. You will need to reassure them why it will be better. That is why it is important for you to research costs and services from other companies. Your BOD is probably okay with whom they have. So if you want the change you will need to help make that change happen. The work you put in now will pay off next year. Good Luck!  

posted @ Friday, May 21, 2010 6:01 PM by

I will never buy a house with an HOA ever again. I will simply look for a house in a good neighborhood, with good neighbors who know how to govern themselves. I pay monthly to be policed by Nazi like property managers. In theory it works, but in reality I hate it very much and vow never to buy a house with an HOA again. Good neighbors can do the same work for a tiny fraction of the cost. I know because for 30 years, that's how it was in my old neighborhood. Not an opinion, but a fact.

posted @ Sunday, May 23, 2010 4:34 AM by Pete

Most people do not like change. They like it even less when there is work involved. Believe me switching companies is work. But it can be worth it in the long run. Try to understand why the BOD would rather stick with the company they have. 
If your looking for a management company you might want to check outwww.hoamanagement.com. We have had some luck using them.

posted @ Thursday, July 29, 2010 11:41 AM by Todd Davis

I am the owner of a property and association management company headquartered in Sarasota, FL. We specialize in small and mid sized complexes. We are a hands-on company that stand out above the rest. We are privetly owned and operate the property as though it was our own. Please call me at 941.343.4526 so that I can further discuss your needs. 
Thank You, 
Tom Wagenhauser 
Cell - 301.821.0799 
Office - 941.343.4526

posted @ Monday, August 30, 2010 2:53 PM by Tom Wagenhauser

Many residents in our HOA are unhappy with the property management company. We have finally gotten the board to entertain new bids for property management. The board has directed the president property magr to get the bids. isn'[t that absurd?? I have donhe research on one potential company, by=ut the board says I cannot submit the information. it has to come from the existing property management company who is getting the bids. I am told that since it is a board directiove,the proposals and references I have checked cannot be considered. I's appreciate any thoughts here.

posted @ Wednesday, September 08, 2010 6:50 PM by Ellen

It may seem absurd, but it is probably written in the contract that the PM will obtain bids for any contracts the BOD must enter into.  
I don't know how you could obtain a bid when you most likely do not know what the contract requirements are. That is probably why the BOD has refused your proposals and references. Frankly, I don't know why you set about getting this info; it's a board function. In the future why not just let them do their job then you won't have cause to be upset with them for not thanking you for your efforts.

posted @ Wednesday, September 08, 2010 8:07 PM by mary

I was on the board at one time, so I am aware of the contract requirements. We have an open ended contract with them since they purchased the PM company the builder has used. 
I did not think about the fact that the PM is directed to get bids. So it looks as if we are stuck with this bad company since they will entertain the bids and then adjust their proposal so that their bid will be most favorable. How does one get out of such a situation? 
It doesn't even seem as if changing the board members would make a difference in this situation

posted @ Wednesday, September 08, 2010 8:16 PM by Ellen perrin

Just because they submit the lowest bid doesn't mean they have to get the contract. If they are not living up to their contract the BOD does not need to keep extending their contract.

posted @ Thursday, September 09, 2010 5:02 PM by mary

The President of our Board submitted a bid for employment as property manager for compensation of $46,000 annually.  
The Board did not obtain the consent of the homeowners to enter into a written contract with her, nor did the board obtain the consent of the majority of the homeowners to amend the financial budget to include a $46,000 management fee to her.  
This individual happened to foreclose on her home at the association, and was removed from the Board where she was two-timing it (serving as President of the Board at TWO HOA's at the same time). 
She is not licensed as a property manangement company, nor does she have a real estate license to manage property. What was the Board thinking when they entered into a contract of employment with the President of the HOA, to serve as the property manager (as an un-licensed PM with no established track record)??? Oh WAIT! The Board WASNT THINKING! That is why they did this without the homeowners knowledge or consent. I am refering to Jodi A. Fialkin of the Cliffs at North Mountain Community, former HOA President at Tatum Village Community. The audacity of some people who think they can break the law and get away with it...

posted @ Tuesday, November 16, 2010 3:33 AM by Cliffs at North Mountain Community

I am an original owner at the Cliffs at NM. I am concerned this individual may be running a ponzi scheme. I pay my monthly assessments on time, every month. According to her records, since we switched property management companies, I am months behind on my assessments. I have the cancelled checks from my bank to prove I have paid. I contacted her by phone and email over 2 months ago and have yet to hear from her on a resolution. She insists her records are correct. There are many other homeowners in this situation. Is this her way of attempting to collect additional money for the association? I don’t trust this individual or her intentions for our community. She has an off duty police man watch over her during her office hours. That alone is a signal that she feels the need to protect herself, but from what? Angry homeowners who she is taking advantage of? She has an excuse for everything, and never takes accountability for anything. Our property has deteriorated under her control.

posted @ Tuesday, November 30, 2010 6:11 PM by John Doe

John, I am also in NM..would like to talk if you would care to give me a call at 505-334-7450 or email ellenwpms@comcast.net

posted @ Tuesday, November 30, 2010 7:52 PM by ellen

With regards to the Cliffs, if she is unlicensed and performing Property Management duties, I believe you can report and request an investigation. Here is the link to the Arizona Depart of Real Estate. I have heard from several different friends who live there that they can not get the lights that are out in the common areas fixed. http://www.re.state.az.us/Inv/Forms/Form_INV-800_Request_For_Investigation.pdf

posted @ Thursday, December 09, 2010 2:33 PM by Velvet

Any time Jodi is asked a direct question, she immediately deflects with an excuse or an answer totally non-related to the question. She vehemently defends her decisions, even when she is wrong. She is incapable of accepting responsibility. I'd much rather see an individual who is receptive and accountable for their decisions, than defensive and argumentative. Jodi Fialkin fired Rossmar & Graham because she needed a job, needed money. She is frequently absent on wednedsday evenings when she should be on site, assisting the homeowners. With her record of absenteism, any employee would face reprimand from their employee. But since she is accountable to NO ONE - she can do what ever she wants. To my ignorant neighbors - take some responsibility for the community and exercise your right to bring change! Our board and property manager are dysfunctional on many levels, professionally and personally. Come on - Jodi is in her 50's and still living at home with mommy - sad and lonely - and you wonder why she lacks strong interpersonal skills...

posted @ Saturday, January 29, 2011 5:44 PM by Your Neighbor @ the Cliffs

Well if enough of us can come together and have a meeting of our own we can find out how to legaly fire her @ss!

posted @ Wednesday, February 09, 2011 5:14 PM by Another Cliffs Homeowner

The following information was retrieved from the Department's database at 2/9/2011 4:33:41 PM. The information presented reflects the database records at the time of your inquiry; however, it will not reflect pending updates which are being processed by the Department.  
License Number: SA031381000  
License Status: Terminated  
License Type: Real Estate Salesperson  
PC/PLC Name: Not Applicable  
Original Date: 8/14/1987  
Expiration Date: 8/31/1995  
Employment History: License Number Company Employment Type Hire Date Sever Date  
No records to display.  
Continuing Education: Course Name Date Started Date Completed  
No records to display.  
The courses listed are for the last two CE Periods.  
Open Complaints: 0 
Open complaints represent unproven allegations - Upon investigation many complaints are found to be without merit and dismissed. Open complaints are confidential and no information concerning them is available for release.  
Disciplinary Actions: File Number Order Type Order Date  
No records to display.  
The Department makes every reasonable effort to ensure that all information contained in our databases is accurate. However, typographical and other errors may be present. The Department of Real Estate cannot guarantee the accuracy of the data provided on this web site and all information obtained shall be used at the sole risk of the user. The Department of Real Estate and the State of Arizona accept no liability and shall be held harmless by the user of the data obtained through this web site for any loss or damage that results from the use of the data.  

posted @ Wednesday, February 09, 2011 5:35 PM by Another Cliffs Homeowner

Property Management requirements in Arizona 
Must Arizona property managers have a real estate broker's license? 
YES. A broker's license is required for any person or company who, for compensation, engages in the lease or rental of real estate in Arizona, who offers or lists real estate for rent or lease, who collects rent for the use of real estate or who negotiates the rental or leasing of Arizona real estate. A salesperson working under a broker may engage in such activities 

posted @ Wednesday, February 09, 2011 5:37 PM by Another Cliffs Homeowner

My Bad.. Sorry Im just try'na dig up as much as I can on this bad apple...  
Must Arizona community association managers have a real estate broker's license? 

posted @ Wednesday, February 09, 2011 5:40 PM by Another Cliffs Homeowner

This woman is the former president of our HOA. She was so miserable she forced out every other volunteer member of the board, then "appointed" new members without homeowners' consent or vote. A private resident had to put up their own monies (tens of thousands of dollars) to hire counsel to figure out how to have her removed, which we thankfully did before she could become the property manager as well. She was removed via signed petition by 99.9% of homeowners. I suggest you check your bylaws to see if this is possible and start the petition to have her removed immediately! She may be the property manager, but the bylaws & CCRs are above her and can't be changed without the vote of residents. Oh, and she used our own HOA funds to hire herself legal counsel in defense (our bylaws allowed her this!) so we were stuck with all her legal bills too (but it was worth it to remove her!)

posted @ Tuesday, March 08, 2011 1:33 PM by anonymous

I too am an original owner at the Cliffs at North Mountain. Where do I begin? I am SICK AND TIRED of PAYING for a POLICE OFFICER to accompany Jodi A Fialkin on the property Wed evenings during office hours. We've had cars, literally stolen from the property! We have cars broken into on a regular basis. Our mail, stolen from the mailboxes. Timers on our outside lights malfunction, leaving the property dark and dimly light and vulnerable at night. We pay for a security officer to accompany Jodi Fialkin on premise - and why is that? Because she is confrontational. She is uncooperative, unfriendly, and downright difficult, not to mention completely disheveled. Our property looks like trash. Many of our once gorgeous trees, palms and shrubs are no dead, no doubt from lack of watering to cut corners and save money. The bogus late fees that she charges everyone? She pockets those late fees. SO not only does she get a 50K salary (thereabouts) but she also makes money on the fees she charges the HOA to collect monthly assessments and so on and so forth. She would bnefit from management courses, leadership courses, personality interpersonal relationship manners training and much more. I am ashamed, disillusioned, disgusted and fed up living in this community. I am so underwater on my property. Having to deal with the current Board and JOdi Fialkin is enough to drive me from my home. I am at a tipping point. Hey neighbors - come together and FIRE JODI FIALKIN just like TATUM VILLAGE FIRED JODI (recalled)

posted @ Thursday, March 10, 2011 3:04 PM by anonymous

I too am an original owner at the Cliffs at North Mountain. Where do I begin? I am SICK AND TIRED of PAYING for a POLICE OFFICER to accompany Jodi A Fialkin on the property Wed evenings during office hours. We've had cars, literally stolen from the property! We have cars broken into on a regular basis. Our mail, stolen from the mailboxes. Timers on our outside lights malfunction, leaving the property dark and dimly light and vulnerable at night. We pay for a security officer to accompany Jodi Fialkin on premise - and why is that? Because she is confrontational. She is uncooperative, unfriendly, and downright difficult, not to mention completely disheveled. Our property looks like trash. Many of our once gorgeous trees, palms and shrubs are no dead, no doubt from lack of watering to cut corners and save money. The bogus late fees that she charges everyone? She pockets those late fees. SO not only does she get a 50K salary (thereabouts) but she also makes money on the fees she charges the HOA to collect monthly assessments and so on and so forth. She would bnefit from management courses, leadership courses, personality interpersonal relationship manners training and much more. I am ashamed, disillusioned, disgusted and fed up living in this community. I am so underwater on my property. Having to deal with the current Board and JOdi Fialkin is enough to drive me from my home. I am at a tipping point. Hey neighbors - come together and FIRE JODI FIALKIN just like TATUM VILLAGE FIRED JODI (recalled)

posted @ Thursday, March 10, 2011 3:49 PM by recall Board & Fire Jodi Fialkin

Buyer Beware - Cliffs at North Mountain: the property has gone to SH*T. Jodi Fialkin, as president of the board, fired Rossmar, and then hired herself to be our property manager. She created an income for herself because she was unemployed - no doubt fired from her last employer. No doutbt she is cooking our books and taking a little her and pocketing a little there. The property has fallen apart in the year she has been here. What a disgrace. Do not buy here. Your safety is at risk, your property value is at risk.

posted @ Tuesday, March 22, 2011 10:00 PM by Anonymous

Am I correct in thinking the Cliffs @ N.Mtn is located in AZ? 
Where are the board members? Only the BOD can fire the property mgr. If she has no contract then she can be fired immediately with or w/o cause. However, if she has a contract the terms must be abided by, so it may take a few months. I'm not making excuses for your property mgr, but she should be taking orders from the BOD not acting on her own. If the board is allowing her full rein of managing the assn then perhaps they need to go too. 
BTW, Rossmar & Graham is not such a good prop. mgmt co either. Sounds like you went from the skillet to the fire! 
The members need to band together, confront the board and demand change. Just sitting around complaining does no good whatsoever. If the members do nothing then they are contributing to the problem.

posted @ Wednesday, March 23, 2011 9:06 AM by mary

Mary, you are correct. The Cliffs at North Mountain Community 1720 E Thunderbird, Phoenix, AZ. The board has the authority to fire Jodi Fialkin, the property manager. Our CC&R's state that employees can be fired at will. Our community must recall the board, and then fire Jodi. This is in the works. Our Board President and Property Manager hae lost control of this community and everything has deteriorated.  
Rossmar & Graham is a professional management company. Jodi Fialkin / SBSI is not. We didnt go from the skillet to the fire. Jodi was President of our Board when she FIRED R&G and then HIRED herself to be the property manager. The Board members (just 2 - they like to keep it that way - we can only have 2 board members and if you want to be on the board you have to be interviewed and approved by the board to run on the ballot - tyranny!) approved Jodi's decision. The board members willingly entered into a contract to hire our board president to be our new property manager. no other bids from management companies were considered. Jodi Fialkin, who had never served as a property manager, hired herself to be the property manager here at the Cliffs. With NO management experience, she takes over from Rossmar. What is disaster it has been. 
The Community will band together. The Community is doing so right now. The Board will be re-called. Jodi Fialkin will be fired. And we hope that Jodi is prevented from ever doing something like this at another community. She must be stopped. This has not been an easy process. We most likely will need legal assistance as the board and property manager feel and act as if they are above the law and have total disregard for the rules that govern our association body. they dont answer to anyone. THAT MUST CHANGE!

posted @ Friday, March 25, 2011 10:47 AM by time for change

Well, it's good to hear that your members have banded together. When doing the recall make certain to follow the provisions of state law -- ARS33-1243 for condos or 33-1813 for planned communities. Once the petition is submitted to the board they have 30 days to notice and call a special meeting. Make certain you have candidates willing to run for the board positions should the recall be a success. In fact you may want to ask for a special meeting to recall and an election just in case. 
Good luck!!

posted @ Friday, March 25, 2011 12:17 PM by mary

Hi - interested in purchasing a unit in the Cliffs at North Mountain (1720 E. Thunderbird), and just drove thru there tonight. The lighting was very much on, the parking lot area looked safe and lit. The mailbox area looked well-lit and not broken into or damaged. The landscaping looked very nice at night, as it does during the day. Could someone please update this, and post what is currently happening with the HOA. Will there be an increase, any assessments - whatever else you can provide. thanks -

posted @ Monday, March 28, 2011 10:57 PM by Charley

President's Annual Letter 2009 
Modified: Tue, 05 Jan 2010 22:13 by Guy Ellis - Uncategorized 
January, 4th 2010 
Dear Tatum Village Homeowners, 
2009 is now over and it has been an eventful year for Tatum Village. We are looking forward to a productive and harmonious 2010, and feel that the many community events, positive resident involvement, and neighborly goodwill we are now experiencing reflects Tatum Village’s excellent potential. We would like to thank each of you who have worked hard to make this wonderful transformation possible. 
Part of the purpose of this letter, however, is to summarize the events of 2009 so that we may learn from them. So before we continue to look forward, let’s recap where we began: 
The year started off badly with the board of directors ignoring the requests and concerns of Tatum Village residents, and things unfortunately got worse from there. On March 23, 2009 forty-eight home owners submitted a petition for the removal of both directors, Jodi Fialkin and Terry Cunningham, from the board. Terry Cunningham immediately resigned. A recall election was scheduled for April 22nd, 2009. At this recall meeting, the residents of Tatum Village learned that the only remaining board member, Jodi Fialkin, had appointed Kathleen Forman and Adriano Altiveros to the board and had then resigned to prevent herself from being removed via the petition. Kathleen Forman and Adriano Altiveros then appointed Jodi’s mother, Sandra Fialkin (who lives with her) as President of the board of directors Jodi put into place prior to her resignation. 
On June 1st, 2009, seventy-three members of the community (49%) submitted a second petition for the removal of the entire board. On June 30th, 2009 the members of the community were finally able to vote on the recall of the board. An overwhelming majority (94%) of the community voted to remove the board. A new board consisting of Guy Ellis (President), Jessica Reznik (Treasurer), and Guy Berry (Secretary) was immediately and democratically voted in. 
The legal costs to the community for 2009 are in the area of $16,000 while the legal budget for 2009 was $1,750. Most of this excessive legal expense comes from the previous board of directors extensively consulting with the community's lawyers in an attempt to stay in power and avoid a democratic community election. In their attempts to circumvent a democratic election, they sought legal measures to disqualify home owners from voting, forcing a second recall and appointing a second board. The previous board acted against the advice of counsel (the community's lawyers) who have stated that they expressed to them that this course of action did not reflect the interests of the majority Tatum Village residents and would undoubtedly cost the community the extensive legal fees we are now facing. 
The previous board also exposed you to enormous liability for about 6 months by not fixing the swimming pool by December 2008 when the Virginia Graeme Baker Act came into effect. Instead the community was greatly inconvenienced by the closing of the pool for a month in the middle of the summer. 
On a positive note, Tatum Village had been awarded a grant of $10,000 during 2009. However, the new board learned that the previous board of directors had rejected this money and returned it to the City of Phoenix telling them that “Tatum Village no longer requests it.” The new board acted fast to appeal this decision, citing that those who rejected the monies were no longer in power, and that our community could certainly use the $10,000 it had been awarded to better Tatum Village. After careful consideration, the City of Phoenix decided to return the money to Tatum Village, as their lawyers saw that the previous board had been removed and certainly had not acted in the best interests of our community. Documentation also shows that the previous board returned $5,803.31 of the total $9720.00 in Grant money Tatum Village received in 2008, money that could have been used to better our community. By recovering the $10,000 in grant money for Tatum Village, the new board will be able to use it for improvements during 2010. 
Again, you may be asking yourself why I am including all of this in my annual letter to the community. I am doing this only to point out how much it will cost you individually and as a community (both financial and in quality of life) if we end up with the wrong type of leadership for Tatum Village. Leadership who does not act democratically, spending your money on legal fees while returning and rejecting awarded grant monies, is not acting with the best interests of Tatum Village at heart. Selfishness, disregard, and fiscal irresponsibility are part of Tatum Village’s past, but each of you has the power to ensure it is not a part of our future. 
Do your part by knowing who is running for a position on the board and voting for the right person. Each of us has lost money, more than one month's dues per home because of this whole debacle. 
I would like to take this opportunity to thank the members of the community who helped return us to a democracy by signing the petition and voting. 
The second half of the year has been a completely different story. Jessica Reznik, assisted by a highly competent social committee, has done a fantastic job with several social events that have had great turnouts and have been fun and fruitful in pulling the community together. Guy Berry has taken control of the landscaping and we are finally able to see flowers growing in our common areas. Guy Berry is also in charge of the architecture committee and has reduced the average response time for requests from months to days. I have been busy looking after the swimming pool, running meetings, attending other community meetings (to get ideas), creating a new web site (http://tatumvillage.info) and an email mailing list to keep the community up-to-date on what's happening. 
Our plan for 2010 is much the same as it was for the second half of 2009 with our two objectives being (1) protection and enhancement of our property values and (2) improvement in our quality of life at Tatum Village. We will be holding 6 board meetings during the year on the odd months (e.g. January, March etc.). Each meeting will be at the basketball court on the fourth Tuesday of the month at 6pm (or later during the summer). The September meeting will be our annual meeting which will be held at the Rossmar and Graham offices. Things change so please visit the web site or sign up for the email mailing list to stay up-to-date with what is happening. 
I wish you the very best for a productive and rewarding 2010. 
Guy Ellis 
President, Board of Directors 
Tatum Village Home Owners Association

posted @ Tuesday, March 29, 2011 2:34 PM by Charley

Charley – you are interested in purchasing a unit at the Cliffs? What was the purpose of posting the Board President Letter at Tatum Village?  
The lighting is poor. Talk a walk around the property. Not a drive through. The parking lots are not safe. Cars have been broken into, vandalized, and even stolen from the property. The landscaping is terrible. Have you looked at the front of Thunderbird Road? Have you not seen the dead shrubs? The mailbox has since been repaired. The mailbox has been vandalized multiple times. 
I am not sure what your standards are – but if you found the property to be up to your standards of satisfaction – than you SHOULD PURCHASE AT THE CLIFFS AT NORTH MOUNTAIN! The spa has been inoperable for 60 days. The fire extinguishers have not been inspected for 5 years. The property manager Jodi Fialkin doesn’t respond to the owners in a timely manner. Drive through the property again and take a closer look. When you do, you will see the paint chipping, the fascia warped everywhere, dead plants – blah blah. The property has deteriorated. And the critters have moved in and the crime is upon the land.  

posted @ Saturday, April 02, 2011 1:31 AM by Charley Take a Closer Look

Dear Charley Take a Closer Look - Dead shrubs, and the landscaping is terrible? It was a very cold winter - I can empathize with having dead plants. Yes, I saw that where some paint is needed, for touch up. The pools (both of them) were clean, and blue, not green and algaed. The furniture looks nice. I am sorry for the problems that you all have had with the cars, but when I did drive through, I found the complex to be very well lit. Perhaps the complex should be "gated" - just a suggestion.  
The reason that I posted about the Tatum Village letter, is that I am very concerned about Jodi Fialkin running this place. I just wanted to share something that I had come across concerning her. She is probably the one thing that will keep me from buying in the Cliffs @ North Mountain. When someone can tell me positively and absolutely, that she is gone, and any and all of her 'friends & cronies', and a reputable property management company is in place, well, definitely I will be back to buy. I have high standards, that is why I am so bothered by what appears on the outside vs. what is going on internally. Keep me posted!!! thanks.

posted @ Saturday, April 02, 2011 1:21 PM by Charley

ps) to Charley Take a Closer Look - if you had read the post above the letter from the Board President @ Tatum Village - you would have read that yes, I was/am interested in purchasing a unit at the Cliffs/North Mountain. 
Not quite sure what to think now (only because of the HOA and management situation), I hope to read that it is fixed, and a new management company is in place. thanks. 

posted @ Saturday, April 02, 2011 6:30 PM by Charley

Whoever wrote this... Buyer Beware - Cliffs at North Mountain: the property has gone to SH*T. Jodi Fialkin, as president of the board, fired Rossmar, and then hired herself to be our property manager. She created an income for herself because she was unemployed - no doubt fired from her last employer. No doutbt she is cooking our books and taking a little her and pocketing a little there. The property has fallen apart in the year she has been here. What a disgrace. Do not buy here. Your safety is at risk, your property value is at risk.  
Posted @ Tuesday, March 22, 2011 10:00 PM by Anonymous  
I disagree with this post, and anyone bashing the community. you are obviosly not a homeowner & just a renter. If you owned here you would try & help out in getting our community back in order & not try to discurage sales in our community. that doesnt help the economy or us current HOME OWNERS!!!

posted @ Thursday, April 07, 2011 1:36 PM by tracy

@ Charely.. I hope you wouldnt be discouraged at what people say by saying "dont buy here" that doesnt help our economy or the community. We need more homeowners living on the peoperty, we need to help build a stronger community!! I agree with you as far as waiting until Jodi is gone unless you buy now & help us get rid of her!!! :-)

posted @ Thursday, April 07, 2011 1:41 PM by tracy

I am the owner of one unit, and thinking of buying another, very soon. I will be very interested in "this HOA drama", as one of the police officers referred to it recently, plays out. In walking around The Cliffs, both pools look good, the landscaping is being kept up (just wish people wouldn't toss their cigarette butts on the ground, though!!). thanks.

posted @ Friday, April 08, 2011 8:38 AM by Charley

we are in the process of setting up an HOA website. There is little communication in our association. Do any associations have a blog or any other form of communication to the rest of the community. is there a way residents can express opinions at the website? is there liability to the property management company or the association for things said on line. Does the site need to be monitored in order to have such a dialog on line?

posted @ Friday, April 08, 2011 8:57 AM by Ellen Perrin

I am an original buyer / owner at the Cliffs NM. I purchased a 2bed at the peak of the market. Like most of my neighbors, I am underwater. I too, am not pleased with the way Jodi Fialkin removed Rossmar and Graham and established herself at the PM. She lacks the professional where with all to manage a job like this and she is an extremely rude and difficult person to deal with. With that being sad – I believe these negative comments are not the negative comments of “renter” but those of owners. I have talked with many of them. There are several who live in my building. These individuals gripe and moan about Jodi Fialkin and claim how unscrupulous she is and blah, blah, blah, blah. While there is truth to their statements – these owners feel justified in their “principles” and don’t pay their monthly HOA dues because of Jodi. My neighbor claims they won’t give a “dime” to Jodi. My neighbor consumes their fair share of water, receives trash service, grounds and maintenance service and additional amenities provided to them by the condo association. My neighbors “principles” are a JOKE! They agreed to pay for these services when they purchased their condo – they agreed to this obligation regardless of who was managing the property or the value of their condo. To my neighbors who don’t pay their HOA’s – get your head on straight! YOUR neighbors are paying for the water, and trash, and Sexton service that you benefit from just the same! You think you are “sticking it to Jodi” by not paying your dues because you believe she is corrupt? You are really just “sticking it to YOUR NEIGHBORS” – like me, who pay their obligations on time, every month. To boot – these individuals run off the mouth with angry, foul mouthed tirades about Jodi and the Board and how we need to get rid of them and these individuals don’t even pay their financial obligations! I know of 5 such owners and neighbors of mine. You won’t pay your dues, and the community desperately needs the money. You will gripe and moan but you won’t pay your dues and do your part for the upkeep of our neighborhood. I hope and pray a lien is placed on your condo and a judge forces you to pay for the services you receive. Take a look in the mirror and ask yourself am I being hypocritical when I gripe and moan about Jodi and the Board and I don’t pay my HOA dues because…..why? Short sale, foreclose, walk away. Please shut up in the meantime. I don’t need to hear another tantrum from you people who don’t pay your obligations and leave others to pay your share. We obviously have our fair share of angry homeowners who would say negative things about our community. The renters are harmless. Thank God we have renters. The rental units bring in monthly dues – which is more than I can say for my angry neighbors who live on property and my angry neighbors who walked away from their homes. They stopped paying their dues a year ago when Jodi became the property manager. Someone please shut their water off!!!!!! Maybe that will shut these people up!

posted @ Sunday, April 17, 2011 7:16 PM by anonymous

@anonymus. I agree with I dont like what Jodi (isnt doing) & have many issues with the HOA but we all need to pay our HOA dues its inevatable. Uf you dont want to live in a community that has HOA's then move. Its only going to hurt us more.

posted @ Monday, April 18, 2011 12:38 PM by Tracy

Anonymous (this last Anonymous) - I totally agree with you. People (aka "owners") that don't pay their HOA fees, hurt everybody. If you don't agree with Jodi Fialkin and the board, go to board meetings, get active - don't bitch about her, and then withhold your HOA fees - that is not fair!! I, as an owner, plan to pay my HOA in full and on time. And I hope to get involved as much as time will allow me, with the board.  
Those of you that have been there for awhile; is there maintenance or a clean-up person, that picks up litter/dog poop/cigarettes. People can be such pigs, for sure. I would tend to make a generalization that the people that trash up the complex grounds are renters, but I can't prove that.  
Which leads to me to something else that was stated in Anonymous's post - you stated "thank God we have renters - the rental units bring in monthly dues"..That is not necessarily true, in fact it isn't the renters paying the HOA dues/fees, it is the owner(s) of the units that are being rented out, that are obligated to pay the HOA fees/dues.  
Thanks for reading -

posted @ Wednesday, April 20, 2011 11:04 PM by Charley

Jodi A Fialkin / SBSI was FIRED!!! She is not longer property manager of the Cliffs at North Mountain. 
Charley, I'm sure the author of the previous post understands that the homeowners pay the monthly assessments. The majority of the short sales and foreclosures are owner occupied, not rental residential. Look at the financials they provided at the Dec 2010 budget meeting. The Community is operating on a 10k monthly deficit. If all the units were occupied and paying their monthly dues, we would have 10k more per month to work with.  
We can't prove who the pids are. I consider my neighbors who don't pay their assessments to be pigs just the same. They use the water and trash services and dont pay - and who pays for them? US! I've seen my neighbors / owners not pick up after their dogs. Stop generalizing and demonizing the renters. Owners and renters alike in this community display less than desirable behavior. I have witnessed it first hand. 
Time to get our community back on track! Jodi Fialkin is gone! Time to audit the financials and uncover any unscrupulous behavior I am certain she is guilty of. Prove me wrong otherwise!

posted @ Saturday, April 30, 2011 6:10 PM by Anonymous

So...with Jodi Fialkin gone - who is in charge of the HOA and The Cliffs at North Mountain? Where will the fees be sent to and who is maintaining the property? 
And how did all of this go down?

posted @ Sunday, May 01, 2011 10:28 AM by Charley

Jodi A Fialkin will no longer be concentrating her evil at the Cliffs at North Mountain. 
Our Community despertly needs a PROFESSIONAL management company to serve the homeowners. Jodi's venture into property management was a HUGE failure and the owners and property suffered immensely.  
what goes around comes around....you can't treat people with such disrespect and expect it not to catch up to you! 

posted @ Monday, May 02, 2011 10:12 AM by Jodi Fialkin is GONE

Charley.. While the transition is taking place Jodi will still be on board roughly 60 days while the new HOA comes in. The board has already chosen a new HOA company. I understand they're going to call a formal meeting to announce the news (formaly) to everyone. I dont know when that meeting will be but I encourage everyone to attend hopefully we can all get some answers to our questions. (not that we ever had in the past) but hopefully.

posted @ Monday, May 02, 2011 11:57 AM by Tracy

Tracy... I recently purchased within The Cliff's. Can you direct me to where I can secure a mailbox key? Thank you! 

posted @ Monday, May 02, 2011 4:05 PM by Will

Thank you Tracy!!  
Please continue to let us know the latest... 
Will, did you pay your HOA fees and the transfer fee(s) yet (and bring your unit current)?

posted @ Monday, May 02, 2011 10:12 PM by Charley

@Charley.. I have never once in my life ever been late on any bill. I have never been in default nor would I ever. I stated a few comments ago telling people PAY YOUR DUES!!! your only hurting the communiuty more if you dont! 
@Will I dont know how to get a mailbox key. contact Jodi she is still our HOA manager & sould be able to direct you. And welcome to the community!

posted @ Tuesday, May 03, 2011 12:20 PM by Tracy

Charley - why is it any concern of yours if Will's condo is current on HOA fees? He recently PURCHASED. What does that mean? The transfer fee and any outstanding HOA fees had to be satisfied at closing. If the previous owner had any outstanding HOA fees, those fees were satisfied / paid at closing. The transfer fee was also paid at closing. Why is it any of your business, to ask a fellow homeowner, in a public forum, if these fees have been paid. If you understood the process you would know that those fees are paid at closing - so if he "purchased" a home, those fees were paid. You seem to be doing a LOT fo snoooooping around - are you really a homeowner at the Cliffs? Do you even live on property? Or do you rent out your unit to the "pigs" as you so call them?  
Tracy is a good person - a goog neighbor, a concerned community members, a kind person.  
Will - welcome to the neighborhood! This Cliffs is about to turn the corner in a most positive way - you purchased at a great time and with Jodi no longer "large marge in charge" we have a chance to really turn this place around! yipee!

posted @ Tuesday, May 03, 2011 12:28 PM by Shame on you Charley

Hi there, 
I work for an escrow company handling a transaction in the Cliffs and I need to know who to contact to get an HOA statement? I've left messages for Jodi, but if she is no longer in charge who can I get this info from? We are coming up on closing and this is the only thing holding it up.

posted @ Tuesday, May 03, 2011 12:51 PM by Christine

@Christine.. Jodi is still in charge during the transition period, I belive they said another 60 days. She sould be the one you would get that from. However Good Luck with that there have been several requests by several different homeowners (myself included) in the past 30-60 days that she refuses to answer. (hence one of the many reasons I belive the board finally decided to fire her)

posted @ Tuesday, May 03, 2011 2:35 PM by Tracy

@christine - you might want to contact the Board directly and let them know that you have a time sensitive request. Jodi doesnt respond to request in a timely matter. With a deadline such as yours, it would be best for you to reach out to Tom M. or John H. and let them know you have a closing, and you need the disclosure documents and transfer fees to wrap up this transaction.

posted @ Tuesday, May 03, 2011 3:29 PM by Anonymous

Does anyone know how to get in contact with the board members? A phone number, fax number, or even an address where I can mail something? The mailing address I have for Jodi looks to be a box at a UPS store.

posted @ Tuesday, May 03, 2011 3:31 PM by Christine

Christine I dont want to post this info via this blog. email me at tracy@foxfin.com

posted @ Tuesday, May 03, 2011 4:00 PM by tracy

Shame on you Charley - wow!! Such animosity. I am an owner of one unit. I was just curious if Will had to deal with Jodi Fialkin, that is all, and why I asked it. Now you can welcome me to the community, Shame on you Charley, and I will accept your apology. Have a nice day!! :)

posted @ Tuesday, May 03, 2011 5:41 PM by Charley

I wish to contact a board member. Can anyone give me name(s) and phone no(s)? I cannot get through to Jodi nor get her to return my calls.

posted @ Thursday, May 05, 2011 6:04 PM by Don VanderStoep

Now that Jodi Fialkin has been fired - don't you think its time to hold the Board accountable? Tom McAneny SHOULD BE FIRED! He supported Jodi firing Rossmar and Graham. He supported Jodi hiring herself as the property manager. He supported and defended Jodi for months - when she couldn't perform her job and she wouldn't treat owners with respect. Jodi was supposed to be on property wed night for office hours. She did not come to the office because, she told our Board President Tom that she didnt feel safe on the property. Jodi doesnt feel safe? Probably because she has treated every owner like a second class citizen. She has enraged and angered everyone on this property! Neighbors, we must remove the Board. We must hold Tom McAneny accountable. He had made poor decisions, without consulting the owners. He has no understanding of the HOA laws that protect and govern our property. Fire the Board! The Board deserves the same fate as Jodi. BYE BYE!

posted @ Saturday, May 14, 2011 12:27 AM by JodiFialkinFired

You can't "fire" the board of directors, but you can "recall" them. There is AZ state law which must be followed in order to recall board members. The statutes are: for condos, ARS33-1243 and for planned communities, ARS33-1813. 
You will have to present a petition, signed by a certain % of members, to the board. The board then has 30 days to call a meeting at which time the members shall vote on the recall. You should have members willing to step up to run for positions on the board should the recall be a success. Unless the whole board is recalled, the remaining board mambers may have the authority to make appointments to fill the vacated seats. 
Do your homework and make sure this is done in accordance with state law.

posted @ Saturday, May 14, 2011 8:44 AM by mary

I received this email from my neighbor and I feel it is important to share with those of you on this blog.... it concerns Jodi Fialkin and her disregard for AZ State Law governing HOA's 
see below..... 
Dear Sir... 
It is my understanding that you represent the Cliffs at North Mountain Homeowners’ Association (“Association”). I am writing to you in regards to Jodi A. Fialkin of SBSI Property Management, and the Association’s Board Members Tom McAneny and John Hunschild.  
The purpose of my letter is to inform you that Ms. Fialkin has willfully disregarded the requests of the Associations Members and is in violation of Sec 33.1258 of the Arizona State Legislature relating to Association financials and other records. Ms. Fialkin received requests to review financials and other records from multiple Members of the Association on numerous occasions over the past six months. Members requested to review the Associations financials, the agenda, resolutions and minutes of the Board of Directors, and bids obtained and reviewed by SBSI and the Board for landscaping, painting and security services.  
To date, Ms. Fialkin has failed to make the requested items “reasonably available” for our Members to review per Sec 33.1258. The bylaws of the Association additionally provide for any Member the right to inspect the financials and other records of the Association. As a former Board Member of the Association, Ms. Fialkin is very aware of the bylaws that govern our Association. Her willful disregard to provide the requested documents for review is unacceptable. It is disconcerting that Jodi has unable to serve the Association’s Members in a polite and professional manner by complying with Members requests to review documents they are entitled by law to review.  
Further, the Boards inability to manage the Association’s employee (Ms. Fialkin) is a disappointment. I believe decisions made by the Board Members have not been in the best interest of the Community. The Board lacks transparency in their decision making and fails to consult with Association Members on important matters regarding our Community. The Board has a fiduciary responsibility to the Members. The Boards inability to make the financials and other records available to Members for review is also unacceptable. The Association Members have the right to know and understand how the Association has been managing the Members money to ensure Members rights have not been violated and monies have not been mismanaged.  
Members of the Cliffs Community  

posted @ Wednesday, May 18, 2011 7:41 PM by on behalf of my neighbor

I understand Ms Fialkin is leaving, so rehashing her poor performance as a manager doesn't make sense. If you some of the board members are violating the gov. docs and/or state law then I suggest you start gathering evidence. AZ just passed /sb1148 which designates the Dept of Fire, Building and Life Safety as the agency to adjudicate HOA disputes. This means the OAH should be back in operation in a few months, at which time you can file a complaint. One other option is to take steps for a recall but make certain you follow the state law to a T.

posted @ Wednesday, May 18, 2011 9:31 PM by mary

Mary, you seem very knowledgeable about AZ HOA law. You are very active in other discussion groups re: HOA’s. I believe our community needs 50% of signatures to Call a Special Meeting, and 25% of those eligible to vote to the Recall the Board. We have a new pm company coming on board July 1. I feel we need a new Board in place with the new pm company. Our board president served 4 years as the VP and 1 year as the President. Our president feels entitled to serve a 3 year term as president. We need new leadership. The board is just as much a part of the problem as Jodi is/was. The board has been unable to manage Jodi, and in my opinion, represents a failure on their part. Jodi was terminated for a reason, but those reasons are just as much our Boards responsibility as were Jodi’s. They were all in this process together. When they chose to hire our HOA President to become the property manager, without consulting the community, and without obtaining other bids other than Jodi’s bid, and when they stood by her as she was unable to manage the property and watch her run into the ground… it was their choice to bring Jodi on board. Her failure is their failure. They have not made wise decisions and should not be in leadership. I am hopeful our community can get a new board, a board that cares about the owners concerns and abides by our CC&R’s and actually includes the owners in the decisions that affect us all.

posted @ Friday, June 03, 2011 1:21 PM by remove the board

I do try to stay on top of AZ HOA law and have been somewhat active at the legislature over the past 10 years or so. My amendment to the open meeting law (HB2609)passed the legislature and will become law on 7/20/11. 
If your assn has fewer than 1,000 members then the requirement is for 25% of the members, or 100 whichever is less, to sign a petition. The quorum for the special meeting to recall board members is 20% of the members (not just those eligible to vote!) present at the meeting in person or otherwise permitted by law (meaning by absentee ballot). 
If you are serious about asking for a recall meeting remember that if the whole board is not recalled the remaining board members may have the authority to appoint members to fill the vacancies. On the other hand if you plan to recall the whole board, it would be wise to have candidates ready to run for the vacancies which may be created. In fact it would be a good idea to ask for an election at the same meeting as the recall indicating the ballots would only be valid if the recall was successful. This would save a lot of time and expense in seating a new board. 
Good luck!!

posted @ Friday, June 03, 2011 1:57 PM by mary

mary, may i contact you directly, offline? i have questions regarding the procedure. i am very confused as I have been told by two attorneys there are tw different requiremets to call a special meeting to recall the board and what i have been told does not jive with AZ statute. I would vey much welcome the opportunity to speak with you.

posted @ Friday, June 03, 2011 3:11 PM by PM

If you post your email address I will be happy to contact you. 

posted @ Friday, June 03, 2011 6:16 PM by mary

Mary - will you please contact me at cliffsnorthmountain@gmail.com? I have a question regarding AZ 33-1813. THANK YOU

posted @ Sunday, June 12, 2011 11:46 PM by Cliffs North Mountain

What is the update on the change in HOA and/or manager? Jodi and her cohorts still in or out?  
Has it happened? 
I haven't seen or received anything regarding it..

posted @ Saturday, July 02, 2011 12:34 PM by Charley

Hi -  
It is now July 13th, and I am (still) wondering if there is a new property manager and/or management company - does anyone at The Cliffs @ North Mountain have a status update? I have not received any correspondence, or a current statement, and do not want to incur late fees. 
Does anyone know anything??  
Thank you.

posted @ Thursday, July 14, 2011 12:32 AM by Charley

@Charlie.. the new company is Associated Property Management http://apm-management.com/index.php heres their website. contact them to get statements etc.  

posted @ Thursday, July 14, 2011 10:53 AM by Tracy

@Tracy - just curious, why isn't APM (Associated Property Management) sending out statements, and (maybe) a letter of introduction?  
When was the LAST board meeting, I also did NOT get notice of that. 
I have been very disappointed in the lack of communication by all parties.  
Thank you for the information.

posted @ Thursday, July 14, 2011 12:58 PM by Charley

Charlie.. they did send out an intro letter & they do send statements you will need to contact them to be sure they have your contact info. its obvious they dont if you haven’t been receiving anything. As for board meetings no one sends out notices your supposed to just know. its like the 3rd Thursday of every month of something like that. I dont bother attending the board doesnt listen to what we as home owners have to say anyway!

posted @ Thursday, July 14, 2011 1:15 PM by Tracy

Tracy - thanks.  
I've not been an owner very long, so I had no clue about the board meetings, where and when they were.  
Communication is definitely LACKING on all ends.  
Thanks for the response(s), Tracy!!

posted @ Thursday, July 14, 2011 3:15 PM by Charley

Welcome to the cliffs! lol.. well hopefully well get some positive changes especially now that Jodi is gone. The meetings are in the club house, I think at 6:30, yeah you would think theyd post it to encourage ppl to go.

posted @ Thursday, July 14, 2011 4:19 PM by Tracy

Apparently you are not aware that it is AZ law that all meetings of the assn are open to the members and must be noticed accordingly. Since you have a clubhouse the notice can be posted there for each monthly board meeting. We do no have a clubhouse so our notices are published in our quarterly newsletter which is in compliance with the state law. Since you now have a new mgmt co, hopefully this law will no longer be violated!!!

posted @ Thursday, July 14, 2011 5:47 PM by mary

@Mary - 
Not everybody goes to the clubhouse..maybe the notices about the board meetings could be mailed (emailed) to the owner(s) of the units..? 

posted @ Thursday, July 14, 2011 8:39 PM by Charley

Well,IMO, the board only has to post the notices in a conspicuous place, if all the members do not go to the clubhouse that's the members problem. I know that sounds harsh, but it's never possible to please everyone. Also it may not be practical to mail the notices every month especially if yours is a large assn. My assn has 1702 members -- multiply that by the postal rate. Email is OK but if the board does not have an email for every member that would not satisfy the state requirement as all members must be notified. Frankly the best, and most cost effective, way would be to post the notice in the clubhouse and also mention it in a newsletter.

posted @ Thursday, July 14, 2011 10:28 PM by mary

Mary -  
I do like the idea of a newsletter..maybe that the owner(s) could pick up, at the office of the complex, or even posting a notice on said office door.. 
Like I said, not everyone utilizes the clubhouse, but the office is perhaps more of an owner/tenant-friendly place to post or to look for updates.

posted @ Thursday, July 14, 2011 10:36 PM by Charley

Charlie... I think they post a notice on the messgae board at the mail boxees. 
We used to have newsletters and then Jodi the slacker stopped probably because the budget. But again hopefully we'll see some postive changes in the near future. I know a few people are wanting to get on the board to try & make some positive changes so hopefully we can get the votes to allow that to happen so the same old board members can finally retire from doing their slacker job.

posted @ Friday, July 15, 2011 10:57 AM by Tracy

This is how the state law reads regarding notices: 
"". . .notice to members of meetings of the BOD shall be given at least 48 hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as deterined by the BOD." 
As I mentioned earlier, my BOD announces the board meetings and the meetings of the A/C in our quarterly newsletter. That is w/i the law because it only requires notice "at least 48 hours in advance", meaning the notice may be longer. Conspicuous posting is the best way if you have a place to post the notice. That way the notice can be posted every month and also allow the board to make changes in the meeting date if needed. If a newsletter is the only means of posting the notice then it should be mailed to each member. But if your BOD decides to post the notice at the clubhouse, the office or the mailboxes and also mention in the newsletter then the newsletter would not have to be mailed.  
Note that there were changes to the open meeting law that will go into effect on 7/20, one of which is that meetings of regularly scheduled committees are subject to the open meeting requirements, including noticing. "Regularly scheduled meetings" means those that occur on a regular schedule; i.e. weekly, monthly, etc.

posted @ Friday, July 15, 2011 12:22 PM by mary

I called the NEW property management company, and asked where my coupons, statements, and intro letter was, and they told me that Jodi Fialkin had provided them with the previous condo owner's name, and that they (new mgt co.) received it back in the mail...interesting, because she knew of the new owner (me!!), so why she would mislead them in this way, I just don't understand.  
Jodi, I believe, is trying to make it harder on the new company, by providing out-date and not current, information. She is also trying to get herself back in, and this new company, OUT.  
They have a big mess to clean up, and are allotting a grace period of 3 months, without late fees. 
I personally think Jodi Fialkin is a disturbed individual, who is trying to cling to this job..she even told me to send the July HOA fees to her SBSI office, without revealing that a new company had taken over, effective July 1st.

posted @ Saturday, July 16, 2011 1:42 AM by Charley

Be quiet Charles

posted @ Wednesday, July 20, 2011 8:44 AM by chales

Why should I be quiet??

posted @ Thursday, July 21, 2011 1:11 AM by Charley

what is the status of your community? how is the new PM company doing? do you still have a board of two members? or have you replaced the board?

posted @ Saturday, October 29, 2011 5:28 PM by your neighbor

I'm the President of the HOA in our community in Staten Island. The HOA board members unanimously agreed to terminate our managing agent (CHR) for unsatisfactory performance and breach of contract. CHR refused to accept the termination and wants the HOA to buy him out (contract expires in April 2013). He met with some homeowners and had their own illegal annual election (without the HOA board) and elected a new board so he could stay. Is this legal? Can anyone suggest how to over turn the result of the illegal annual election and how to get rid of this management company?

posted @ Friday, January 06, 2012 3:44 PM by Wilma

Were the terms of all the board members up? Otherwise they could not be removed by just electing another board. Also the annual meeting must be noticed to all homeowners. The procedure should be outlined in your bylaws and must be followed. However, depending upon what your bylaws say and perhaps state law, board members can be recalled. Was this a recall election? If so, oftentimes there are certain procedures which must be followed. But here again, all members of the assn must be noticed and allowed to vote in the recall election. So, whether it was an annual election or a recall election, if it was not carried out in accordance with your bylaws and/or state law then it was not legal and the outcome is not binding, in which case the original board should continue to run the assn and also inform the members of what has happened.  
You must thoroughly read the contract with the mgmt co. If there was a breach of contract (hopefully you have proof of this!)you should be able to terminate the contract very easily. If the manager refuses to leave and is unwilling to turn over the assn's records the only recourse would be to take him to court. The only time the assn should be required to pay a termination fee would be if they want to terminate without cause.

posted @ Friday, January 06, 2012 4:46 PM by mary

What is the status at The Cliffs at North Mountain? What is the status on Jodi Fialkin? I know she was working hard to remove the Board that fired her and take the reigns again. I would not sign her petition and support her or Tom McAneny. I short sold my condo because I was so underwater but I miss the cliffs. What a beautiful place before Jodi Fialkin and the Tom ran it into the ground.

posted @ Monday, April 02, 2012 12:12 AM by Your Former Neighbor at The Cliffs

the community is a better place without Tom and Jodi and their egos.

posted @ Wednesday, April 18, 2012 11:09 PM by Amen

Great work on all the information. I am also looking for property management for my building. All information is great.

posted @ Friday, July 13, 2012 11:42 AM by Justin Jordan

I live in a Co-op Condominion in Ca.. The onsite manager for 15 years, has in many cases not process complaints and fixed a problem for a member, after the member has gone to a board meeting. In all of the cases its because the manager has not liked the individual.Is this grounds for firing the manager?

posted @ Tuesday, October 30, 2012 11:01 AM by Jack Gayle

IMO, it certainly is because he is not doing his job. He should not be showing favoritism in carrying out his duties and the board should certainly not tolerate this. We have a few members who are classic pitas, but we deal with them as we would deal with any other member. 

posted @ Tuesday, October 30, 2012 4:48 PM by mary

Can a manager be fired by having our personal HOA Associate dues bill be put in our "holding slots" ,above our mailboxes, by the Gardener for our 109 unit complex? Can the manager be fired by lying to the board and any homeowners at a meeting, for saying a paving contractor did not have the correct licenses to do this work, which was not true?

posted @ Thursday, August 29, 2013 10:22 AM by Jack Gayle

A manager can be fired for anything, although the most common reason is for a breach of his contract. I would suggest you make a list of your grievances and present them to the board at the next regularly scheduled board meeting. In the end though, it will be up to the board to decide if the manager should be fired.

posted @ Thursday, August 29, 2013 1:57 PM by mary

Almost a month ago I presented a list of reasons why I think our manager(who also lives here) should be fired, to the Board of Directors, at our monthly meeting . Should I expect to receive a reply to my complaint? Thank you Jack

posted @ Tuesday, October 15, 2013 10:49 AM by Jack Gayle

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