Property Management Resolution Guide

Summary

A property owners association board member is concerned about a management company working only with the board president. The management contract allows direction from the board president or by board resolution. Sending bylaws is seen as informative, not directive. A formal resolution can clarify communication and direction policies. A template for such a resolution includes points on directives, routine instructions, and compliance with bylaws.

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I am a board member of a property owners association. Our bylaws prohibited anyone i
Hi ****! Could you clarify what specific issue you are facing with the bylaws? Are you seeking guidance on enforcement, amendments, or a specific conflict?
Yes. Our bylaws prohibited anyone member acting on their own and have voted to allow a management company to act on their behalf. Problem is management has been working exclusively with our president and not the board. I did send an email noting our bylaws about this. Management contract state that any direction will be from board president or by board resolution. I belive that sending management the bylaws is not giving drection but inform management of our bylaws. What say you?
It sounds like you're concerned about the management company working only with the president instead of the entire board. Here are a few points to consider:
- The management contract specifies that directions come from the board president or by board resolution.
- Sending the bylaws is informative, not directive, as per your interpretation.
- Clarify this issue with the board and consider a formal resolution if necessary.
Would you like help drafting a formal resolution or addressing the board?
Please help with a formal resolution
Case Rating: *
Sure, ****. Here’s a template for a formal resolution to address the issue with the management company:
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Resolution No. [Resolution Number]
Title: Resolution Clarifying the Board's Position on Communication and Direction to the Management Company
WHEREAS, the Property Owners Association (the "Association") has contracted with [Management Company Name] (the "Management Company") to manage the day-to-day operations of the Association; and
WHEREAS, the Bylaws of the Association specify that no individual board member may act independently on behalf of the Association; and
WHEREAS, the Management Contract specifies that the Management Company shall take direction from the Board President or by resolution of the Board of Directors; and
WHEREAS, it has come to the Board's attention that the Management Company has been receiving direction exclusively from the Board President;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors hereby clarifies that:
*. All significant directives and decisions must be communicated to the Management Company by means of a formal resolution passed by the Board.
*. The Board President may communicate routine operational instructions to the Management Company, provided that such instructions are in alignment with the policies and resolutions adopted by the Board.
*. The Board President is required to inform the Board of any directives given to the Management Company promptly.
*. The Board expects the Management Company to comply with the Association's Bylaws regarding the requirement for Board directives and communications.
BE IT FURTHER RESOLVED that a copy of this resolution shall be provided to the Management Company to ensure their understanding and compliance with the Board's communication and direction policies.
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