I'm going to play Devils advocate here.
You state "The length of time it takes to complete a task and materials needed." Do you know how long it takes to do a particular job that he is doing? Do you know how much the materials he used cost?
Is he getting paid hourly or a straight fee?
Does he do shoddy work?
Did he ask the board for those 9 days off? Do you know why he took those days off; maybe he had a medical issue?
Our Association had a full-time "maintenance and cleaning" guy for years, who took us to the cleaners with undocumented time (he was rarely on our property), bogus over-time pay and supplies charges, etc. Significantly, he was doing a lot of private chores for many of the Board members and their friends on Association time. Needless to say,the Board officers vigorously defended the employment of this guy, and found other ways to give him Association money. Our management company kept no written records for his time or tasks completed, even though we contracted with them for the employee (they repeatedly tried to claim that he was strictly an Association employee). It was a mess. We removed the Board (for this and other financial mismanagement), changed management companies when their contract ran out, and got rid of the deadbeat employee. We now contract all of our maintenance and cleaning work through our new management company, and couldn't be happier with the results -- especially the savings.
I bring these things up in Board Meetings when the owners are allowed 'open forum' time. This way all the other owners in attendance are aware of what's going on and it can't be swept under the rug as could be done when you just submit your findings the the Boards office. Don't forget to ask that the written proof you have at this meeting - become part of the Meeting Minutes (as an attachment). . . for all to read. And don't forget to Video or Audio tape this meeting as additional proof. . .
Victor. I do appreciate the devil's advocate. The 72 hours off were leaving early... with only 16 of those being 2 full days off. He has no one to be accountable to on a daily basis. Our president does not live on site..when he is in town the MM stays the proper hours.
He gets a salary and bonus each year.
I do admit I do not know about all jobs time and materials but a whole week to do a concrete job that a company could have been hired for and completed in hours... is way too much! While doing these things daily maintence is not done. Using a blower on property for 6 hours during 22 mile an hour winds..I also question his judgement.
I rented the clubhouse a few times last year and the appliances were not working..he apologized.
MV.. he does many jobs for residents on association time.. I am hoping we can move beyond this and realize what your community did.
I just think in this economy we should be proactive and save where we can. If he doesn't have enough work for full time and can leave hours ealy each day.. why are we paying him.
In a neighboring community there was a paid employee who did construction oversight, cleaned the pool, clubhouse, and the grounds. He passed away and now the community has to contract for everything. Perhaps, the maintenance person is doing more than it appears. Weigh the costs between having someone on site and contracting for everything. See which option is cost effective.
treat him like an employee (no joke) job description, reports, time cards etc. then monitor his performance. first however, you have to get the board to agree there is a problem, and appoint a responsible, experienced individual to monitor the efficiency of his work. if the performance review
is found to be "not good",you know the solution.
Your President does not live on site??? What do yopur bylaws say on this issue. Most require a board member to be a resident owner in good standing. How about checking your state's condominium act for board membership qualification.
The maintenance man should be supervised by your facility manager
I am the 8th person that answers on the same day on you posted complaint.
Your question contains two parts :
" (1) I need to know how to bring this to the attention of the community and board as we are paying for this time he is not here.
(2) What would proper procedure be? (The procedure is for the purpose of auditing and demand to show books and records of the association) I need to make an appointment with our management company to review the books. If he has been paid for all this time off?
Use these search words in below to obtain sample of homeowners' demand, notice, etc. to the board, and to obtain detailed relevant relevant laws.
For above question (1)the search words can be: "condominium homeowners association, letter informing gardener maintenance man incompetence, absence" Make more than one try, decreasing the above search words in each new try.
For above question (2), the search words will be "California Civil Code sec.1365.2" "Califorinia Civil Code sec. 1363,840"
The former of the two sections is for you to find out whether employment contracts or engagement letters of employees are among the "Association (public) records" that the board must give you a copy if you make a written demand.
The latter of the two section is an alternative to my answer to above Question one, which is called "mandatory informal meet and confer" that the board must send a representative to discuss with you what you want to discuss.
All meetings of the condo must be notified to all homeowners under the "California Open Condominium Meeting Act". You can search the Internet with that Act's name and refer that to the board so that the meet and confer must comply with that Act.
The mangement company will ignore you unless you make the board comply with your demand for association record and for auditing.
You can see my nonprofit corporation's websitehttp://groups.yahoo.com/group/workforceretraininginIT
or by clicking the below signature of BETP Inc. for information about studying to be certified condo manager (CCM)
Directors need not be homeowners. That is true.
However, that is safe because there are so many regulation for directors to comply under the state corporations code.
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CAN THE PRESDENT OF CONDO ASSOCIATION DEMAN OWNERS TOO REPLACE BATH FIXTURE AND HOT WATER HEATERS JUST BECAUSE HE THINK THEY ARE TO OLD?????????
Donald you should start a new thread and not ride on an old thread with a different subject line. I'm sure you will get answers faster if you do it that way.
I strongly second Victor's suggestion. We should all limit our comments to the specific situation posed.
I applaud the person that has their life so organized that they can keep tabs on the maintenance man. I have so much going on with my family and job that I simply can not imagine keeping up with a strangers life... Opps I just figured out what is going on---I have a life and this person does not.
They definitely should not be asking you to mess with your bathroom fixtures
. As long as it is homogenous when you leave, you should be good.
He needs to be accountable. If he is not there, he can't be keeping up with the maintenance and cleaning. I wonder when is the last time he cleaned the rugs.
Anita Mas | http://www.babayans.com/en/services.html
If there's been such a problem with this maintenance man, I would imagine enough complaints from residents would handle the problem. Isn't it the people of the homes that own the HOA? I would consider them the real voice of the organization. http://www.goldbergkatzman.com/employment-law/