I'm dealing with an HOA maangement company that seems to regularly ignore existing laws and our governing documents, and instead creates its own rules.
For example, when a board member asked about the proper process to resign, the manager ignored what's clearly defined in the bylaws, which is to give a written notice, and instead told the board member to make a motion at the next board meeting.
When it comes to parking, the management company implemented a parking permit system and pushed the community to enforce it, even though it is clear that vehicle removal cannot legally be based on operating rules adopted by the board alone, according to CC&Rs.
More concerning, the manager unilaterally drafted a "code of conduct" that effectively modifies the management contract. It's extremely one sided. The board is required to respond emails and approve invoices within 24 hours. The manager, however, has full discretion over whether and when to respond to the board's emails. The manager then pushed the board to approve this one sided operating rule.
Based on all this, it honestly feels like the manager either hasn't read, or doesn't follow, the CC&Rs and Bylaws at all.
Depends on the specific language of the termination clause in the management company’s contract for how quickly it can be accomplished, but the Board can always fire the management company (or if the issue is a specific assigned property manager, the Board can request a different assignment).
That said, based on the example in your post about the process for a director to resign, seems like the Board doesn’t know the governing documents or are too lazy to look up the information and/or doesn’t have a spine / understanding that the management company works for the HOA, not the other way around.
Our HOA is going through that as well. We signed on with a new management company a year ago. In the past year, they not only failed to follow our CC&R's but also failed to follow our state's laws in regards to planned communities. I am not on the board but have filed several complaints to the board over the management company's behavior. Others have as well. The board just voted to terminate the management company's contract. I think the board realized that it was so bad for owners that they were going to be sued if they didn't make some changes.
fire the management and hire a new one.
Your management company is clearly overstepping, ignoring the bylaws and CC&Rs. Unilateral rules, parking permits, or one sided codes aren’t enforceable. The board should document violations, seek HOA knowledgeable legal counsel, and consider addressing or replacing the manager to protect the community.
The property manager has forgotten that the PMC works for the board, and not the other way around. The board must stand up to this bullying with a threat to terminate the PMC if they don't back off. All of the rules pushed by the PMC need to be repealed ASAP.
Time to hire a lawyer and sue their butts for everything
Start with speaking to the manager’s supervisor and make sure they are aware of these actions. The manager works at the direction of the board. We are there to provide guidance not run the HOA for the board. Check your management contract and contact the supervisors with these issues and in the meantime, see when your contract expires. You usually have to give notice at least 60 days prior and get out. If you want out before the contract ends, have documentation.
Abuse of power !
...so basically laugh in their face at the next meeting? Local bylaws and government ordinances supersede any shight HOA policies.
Is your company called HOA Community Solutions? Sounds really familiar...although in my experience they all seem to be like this!