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Condo association cant figure out how to pay landscaper

  
  
  
  
  

Is there a time frame for a contractor who has done our lawn services to turn his invoices in to get paid? We have sent numerous certified letters, verbals conversations emails, and phone calls asking him to submit his invoices so we can pay him up to date. This is a large sum we are talking about and now the end of the year has approached and we have heard nothing from him. We did send a certified letter to him announcing we are no longer interested in his services for the next season. What else can we do other than pay him for what we think we owe him and then let him come to us for any amount he thinks we still owe him. Please only serious comments here.. Thanks. I am from Pennsylvania. And nothing in our bylaws state what to do. Our management services is also out of options.

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Comments

I am a contractor and that is very odd. I hate to say this but is he alive? Is he still in business? 
 
How do you know how much you owe him if he hasn't sent invoices? 
 
One thing you can do is send a check certified mail with signature request. On the check in the memo put final payment. If he signs and its cashed then you are clear. Also the check should only be good for 30/60 days.
Posted @ Saturday, December 17, 2011 8:12 AM by Joel Reiser
Why not estimate what you owe him and reflect that anticipated expenditure in your budget, hold the cash in a reserve account, than take no further action until and unless you receive the invoice you've requested? Unless the vendor is deceased or his firm is in bankruptcy, it seems you've been as proactive as could have been expected, and then some.
Posted @ Saturday, December 17, 2011 8:14 AM by Alan Hicklin
We place landscaping budget into operating expense. Our landscaped is under contract for services its really not complicated. Any unforeseen expense can be drawn from reserves.
Posted @ Saturday, December 17, 2011 8:20 AM by CrossRhoades
Final payment idea is interesting but I don;t think that it would pass muster in a court. You might send him a small check and see what he does with it. You should also make sure that he hasn't placed any liens,on any properties including that of the officers. Lastly I would call the owner of the of the business on the phone. there could be a person in his office who is trying to hurt him..
Posted @ Saturday, December 17, 2011 8:27 AM by Aunt Anne
if the contractor want the money, they need tp come towards you. set the money aside from the bid you accept to pay for services and wait for them to request --easy peezee - no brain matter wasted
Posted @ Saturday, December 17, 2011 9:21 AM by jim
As a business person for 42 years the answer seems straight forward. Add a contignet liability on your books and your year end audit. When and if the invoice comes in, it will offset the Contingent liability [adjust differences per accounting standards]and pay the bill from operating bank account. There is no need to tie up cash or put money aside. Just identify the potential liability on your financial statements.
Posted @ Saturday, December 17, 2011 9:41 AM by verda-d
Frankly, I don't see a problem. Just make certain you keep copies of all the letters you've sent him. I would just sit back and wait for him to invoice you. Just make certain you keep aside whatever you think you owe him just in case. I cannot imagine how he can successfully run his business if he doen't bill his clients!
Posted @ Saturday, December 17, 2011 10:00 AM by mary
I would find out if this guy is alive and well. It sounds odd. He also may have left the state. There are many ways to find out. Google and find out what you can. Is there no phone number for him? I would not give money until finding out why he has not responded.You will want to make sure the money goes to the right person. Save all the bills, put whatever you think is owed aside.  
But do try to find him before parting with funds.
Posted @ Saturday, December 17, 2011 10:45 AM by Mari
Have you sent him a "Registered , return receipt requested letter" 
He has to sign for it and that way you will know if he is in fact still around. 
If he does not take it and sign for it it will be returned to you after 15 days by the USPS. 
Cost's about $5.50. Worth it. 
Then you can try to find out if he is still in business. 
Ideas about putting money in separate account sounds like a good idea to me. 
I am Treasure of our association and we get a firm fixed price on our landscaping and winter plowing every year. 
We get three very detailed bids every year. 
We pay the landscapers in 6 equal installments May through October. The snow removal in 5 installments from Nov. thru March. 
Unless we have to bring in a bobcat for excess snow or decide to add shrubs etc. We know what our costs are every year at the beginning of the year. 
Works well for us. 
Good luck.
Posted @ Saturday, December 17, 2011 12:24 PM by DLC NH
Thnks for comments. 
Last year the old treasurer accepted this guy and bid to do our lawn and snow. She has been removed and new board voted in and we also voted to go with a local management service. They do know what they are doing and turned us completely around. YES the guy was last here the end of Oct and is still in business. I myself spoke with him 2 times, along with the phone calls to his wife, certified of which was picked up and email. We can not figure out the WHY. And the money is put aside for the bid he gave the old treasurer. 
He told me back in aug he would get the invoices together and send them to the management for payment. Still nothing to this date. This money could be drawing interest, 
We are going to put it in a the hands of our lawyer now and if this happens we are going to bill him for the lawyer fees and have them deducted from his amount. We are no longer going to play tag with him. I sure hope the rest of his contacts are not holding his money just like we Are. The sad part is the guy seems so nice when you talk to him. But thanks for the comments 
The lawyer is going to send a final letter to him. Hope it works 
Merry Christmas everyone. 
Posted @ Saturday, December 17, 2011 9:41 PM by S
When was the last time you received services from him? What are the dates of your current contract?, they should be negotiated every year (ie lawn care/snow removal) after receiving at least 3 competitive bids. Our HOA uses net 30 (we pay the bill within 30 days if not sooner). Our contractor specifically puts on the bid how much he is charging for each service, and he puts a note in our maintenance contact's mailbox each time they provide a service (ex. 8/11- cut and trim, 10/21- leaf removal, 1/5- snow removal, 1/5- salt walks ect. )We also track it so we know exactly what was done and when. Good Luck!
Posted @ Sunday, December 18, 2011 3:44 AM by Kathy
I, for the life of me, cannot understand why you want to involve your attorney. Atorney's usually send demand letters to pay delinquent assessments. I've never heard of send a demand letter to bill the assn for services performed!! As I suggested in my earlier response, just let it alone. If he wants his money he'll send a bill; if not that's his problem. Involving you attorney in this matter is, IMO, the dumbest thing you could do.
Posted @ Sunday, December 18, 2011 12:57 PM by mary
This is very odd What is the condo's problem? It is that in the future they may be billed for services rendered. So, put aside some money now and keep it a separate account. Keep records of the efforts you have made to get a bill. to me, that would be your entire obligation.
Posted @ Sunday, December 18, 2011 8:36 PM by John Bruzza Mitchill
Our newly elected secretary has bowed out because of fear of taking minutes. We live in Tennessee, and don't know if we can tape the board meetings with management company according to any laws so that the remaining officers can put minutes together afterwards. Thanks
Posted @ Sunday, January 01, 2012 9:55 AM by MARIE
Marie, 
 
 
 
IMO, there is no reason why the board meetings cannot be taped and transcribed later. BTW, is there another board member who might be better suited to serve as the Sec? I cannot imagine why she would even accept the position if she felt incapable of taking minutes.
Posted @ Sunday, January 01, 2012 2:30 PM by mary
A lot of thanks for all your valuable work on this article.
Posted @ Thursday, January 12, 2012 1:06 AM by Pink North Face
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