Condo Q&A

Does a property or condo manager have a fiduciary duty?

Written by stephen polinsky | Wed, Aug 20, 2014 @ 12:20 PM

Does a “full service” property management company and individual manager have a fiduciary duty or obligation to the HOA to provide guidance and not allow the management’s personnel to undertake work that benefits only a few owners, which would otherwise cost the owners money? An example would be upgrading individual “deeded” garages that only benefited some owners. The property manager spent months of time getting bids and supervising the work.

One rule states – "no apartment owner or occupant shall give instructions to, or use for his own benefit, the time of employees hired for the maintenance and services of the building or grounds." The term “employees” is a little vague. Does this also include the manager?