The problem is with your Board members, not your managing agent, in that the Board is responsible for governing the association, but in this case it appears that they gave their power over to the managing agent. The Board is the one that is legally to be making decisions and the managing agent, who is nothing more than a mid-level employee is to be following out the Board's directives. Get your Board to stand up. I say that knowing that getting our Board to do so has not been possible, so I have sued them for negligence and included failure to manage the managing agent in that suit. Good luck to you and your association.
Do you have access to files, the management contract, etc?
Board meeting minutes?
How are the accounts held, Checking and reserves, who are the signers authorized to sign checks, only the Secretary?, who is the Treasurer? What are the state laws stating what the Board responsibilities. Is there an annual report and budget?
Lyn is right on! I wonder why one would hire a person who is a member of the condo association to be the property manager. Seems a bit of a conflict of interest. Phyllis you better take care of this immediately and get a new property manager....You are the board...you have the power!
Lynn (the first to comment) has pretty much told it like it is/or how it should be.
There are plenty of management companies in NJ of which our firm is one. If the association is not happy with how it is treated etc., especially if you feel that something is "wrong", change managers. CAI-NJ can easily provide you with a list of firms with CMCA's and PCAM'swho have been properly trained to meet the needs of HOA's and condominium associations.
While it is not my intent to use this forum to solicit business, I love what I do, and I am more than happy to "educate" your board as to perhaps what they should be looking for in a property management company.
Best of luck.
Phyllis you've got your big toe in the door, at least! You're on the board and you need to stay there. Document everything. Insist upon being in the loop on all decisions, because the Board is the legal governing body of a condominium association. Sounds like the controllers will try to exclude you. One thing that strikes me right off is that, generally, businesses cannot operate on condo property - assuming the condo is a residential one and not a commercial condominium. One of our Rules prohibits commercial activity. generally, residential condominium are built on land that's zoned for residential use only- and that's why the condo docs prohibit commercial activity. So, you may want to check with you town zoning enforcement officer (in our town, the Town Planner is also the Zoning Enforcement Officer). If your boy is violating town zoning regulations, that will help your cause tremendously. You also need legal help I think, Phyllis. Maybe you have a lawyer who resides there who can help? I'm a lawyer, and that's how I got involved - via a specific issue. Finally, the following words are said all the time on this blog and they are a must-do: study your condo docs as they relate to the issues you face! If you have questions maybe you can pose them to the blog. You can email me at george.cameron @ymail.com . Learn whether commercial activity is violating the rules (or any provision in the docs); learn about the powers and duties of the board; learn how to remove directors and officers; learn about meetings and quorums; learn how to adopt new rules and amend the bylaws; also checking state statutes is advised, if stuff in your docs seems "not right" or confusing. Look at the beginning of your declaration to see what exact state law (chapter or whatever) your condominium was formed under. I checked NJ statutes, and it looks like NJ condo law is at Title 46. Because you ran for director and won, you are truly in an important slot. I hope your supporters will stick closely with you and help you as you move forward to straighten out the problems. One last thing, in CT I don't believe we have a yearly audit requirement, but the association must have a yearly budget, and owners may request audits, I believe. One other thing, I'm assuming that your period of declarant control is over, correct?
The New Jersey Condominium Act xontains specific steps that a condominium Association musrt follow in their annual election of Board Members. Your Board can be severly criticized for not following the law in your state. Your property manager,if he has had proper training in his field, would be intimately familiar with the NJ Laws. As a property manager he has absolutely no role in managing the annual election.His action are cause for termination of your contract with that management company. A complaint to the state board who issued the license to that company is certainly in order. Completely unethical behavior
have you ever heard of an ATTORNEY?? I'd get one if I were you
This exact question was asked / answered on Oct 23. http://www.condoassociation.com/blog/tabid/19257/bid/70390/Property-manager-controls-election-process-at-condo-association.aspx
need some help. I live in Connecticut, 90 units. Our bylaws still say 25%for meetings. This has us confused:
Voting at a Meeting. Section 47-252(b), as amended, now provides that a majority of the votes
cast at a meeting is the decision of the unit owners. Either the Act or the declaration may require
a higher percentage. However, this provision supersedes any higher requirement contained in the
JT is absolutely correct about the same exact question being posted on October 23, 2011. I see above that Phyllis posted this question on October 21, 2011. Why is the blog-master posting the question two months later for the second time? Is Phyllis still paying attention? Are you there, Phyllis? May we hear from the blog-master, please?
Re: Dizzy's post on Dec. 30, 2011 at 9:58 AM. I'm an CT attorney with a condo law practice. I've reviewed 47-252 (b) and I see that it says that a majority vote at a unit owners meeting is generally the decision of the association. When you mention 25%, are you referring to a quorum? If you want to contact me directly, please see my post, above, on Dec. 29, 2011 at 9:47 am.
Sorry, my mistake for re-posting.
Carol is right, definitely check with an attorney. Also, if applicable, see if you are able to obtain the records for the ballot.
what if the board authorizes the the pm to run the election collect ballots etc.?
I am a president of an association in New Jersey. In our community the votes must be counted by 2 neutral homeowners. Voting is not secret and it seems law has been violated here. A president may think he runs an assoc. but in reality he acts at the discretion of the board. In any court of law here in New Jersey that vote would be voided.
Thank you all for your help. It goes deeper than just the ballots. It has been 8 mo. Since I was elected Secretary and I am left out of everything. No emails are answered that I send them; I don't see the checks that are no longer signed in front of me. I asked them why they said nothing. The old secretary who is friends with the property manager has walked up the street with the manager’s girlfriend to give the checks to the President. I told the treasure this is not right. I ask the treasure a question about an accounting figure and he said I don’t know. The property manager who lives here came after me twice and harassed me. I told the other board members they did nothing. May I add the President of the board is his friend also? Wish us luck as the President position comes up soon. We have someone who will run. By the way the management co. lives here and we have asked for an audit and he just hands us a piece of paper saying that the accountant says he is doing a good job this paper is on the accountants letter head. We have not had a real audit in about three or four year
I live in the same HOA as Phyllis and there is even more to this picture. The Peoperty Manager gives fines to certain homeowners for what he personally feels is a violation. In additionn, the board (entire board) has no knowledge that he is making these decisions and imposing fines on the homeowners.
I could go on and on about thgis but hopefully the October election will put in the President that is honest and loyal to the community.