Condo Association Management Blog

It all seems part of basic lawn care. It seems to me that should be in the contract with the manager, not in the declarations.

It is all part of lawn and landscape maintenance contract with the vendor, not with the manager. Is this manager an employee of the association ?  
 
To amend your Declaration you most likely need a vote of the membership, no to mention paying an attorney. Declarations and/or governing documents involve the entire community. Contracts with vendors is at the board's discretion as to the specific services provided.

We are a small townhome ownership of 15 units. Unfortunately, when our association was set up - our dues covers grass cutting front & back of each unit. No provision within the contract with the landscaper was set up for fertilizing, cutting of bushes or trees. Therefore, you have five units out of the fifteen that do nothing to their yards and it is horrible looking. Not everyone "knows how to care for a lawn or even a home". Some pile junk in their yards. I say make the contract with your landscaper to include all caring for the yards. That way your value does not go down by those who do not take care of their yards. If all of ther services are included in your contract let everyone know . If it is not, then vote to include all the services and draft an page to your bylaws. With our state, South Carolina they do not have to be recorded (each state is different) to we add it to our Bylaw, Covenants and Declaration book that we handed out to our owners. I put together a complete book when I became president. The past president left everything very sketchy. If it is not included, then vote to have it added and figure out what you need to add to the landscaping budget and raise it the few dollars to cover the services. If they own the land out right infront of their homes & back you do need to have the approval to go on their property to do services. But like us, you have been doing this for seven years I thought you said. So this is not something new. Make sure all new residents know that this is or is not included. Our property is 25 years old.

If your manager is an employee of your condominium association his role is to manage the property under the direction given to him by the Board of Directors. JHe has no periogative at all to interpret yiour declaration or your by laws. If he is an employee of your management company and is detailed to manage your property you should advise the management company of this intrusion in your affairs by their manager. A building manager is an employee and it is the Board of Diorectors who determione his duties-he is not to be allowed to become a self annointed dictator. His role is not to tell the unit owners what they may or may not do.

you're right; the manager is wrong! you don't need to change the declaration for this.

It's called maintainance. Our gardeners cut the lawn, trim, fertilize and trim shrubs as needed. 
You set up what needs to be done in the contract with the gardeners. Our declarations don't spell out every detail of what needs to be done. 
We has a sprinker going to one shrub that was damaged, so the gardeners replaced it. That act is not specifically spelled out in the contract or our declarations. I think it falls under good business judgement. Your manager is being rediculous.

Just to clarify my condo association Property Manager is the one who does all the lawn work and all minor maintenance so it is in the contract with the Manager, not a separate vendor. So it depends on what the Manager is contracted to do.

This is not something that must be covered by the docs. It is maintenance. Your Property Manager might say that the docs don't call for coffee to be served in the office, therefore, he won't serve coffee or have a little bowl of candies as a courtesy.  
 
This is maintenance.

Is the manager from a property management company or part of your Board, who enforces the By Laws?  
 
We are small too and just now hiring a property management company. I would be worried if every little managing decision required an ammendment to the By-Laws. I've been interviewing companies for a month now and eliminated the ones that had no flexibilty for our HOA- They are hired to aid and advise in managemnent- not take over. And a happy 7 years of lawn service _ I'd keep that!

What the board does to maintain a common area does not need to be spelled out in the CCRs. If edging and fertilizing are part of the maint then there is nothing wrong. You state the mgr is "in training" and it's obvious by his insistence that this needs to be addressed in the CCRs.  
 
 
 
BTW, perhaps the BOD should ask the mgmt co to assign a manager that is NOT in training. Let this one complete his training with another HOA!