The
first assumes that your previous management company informed the board of directors
about the new management company. The management company may have been sold,
changed their name, or merged with another company.
This
is not uncommon in the industry, and it is legal. Since your agreement is with
the previous company, however, your association has no obligation to stay with
the new company.
I
would recommend that the board determine what kinds of changes were made before
they make their final decision. What experience does the new company have and
what is their reputation in the community?
Will
the property manager stay the same? Were there personnel changes? It may take
a few months to determine if your service is better or worse, but the wait may
be worth it.
The
second view assumes another board member or members made the decision and did
not include you in the vote.
The
selection of a new management company typically requires a long evaluation process
by the board of directors or an appointed committee. The final decision concerning
which company will be selected requires a vote of the majority of the board.
The
decision as to whether or not a new management company should be hired should
have been discussed at a prior meeting. If you were unable to attend, the minutes
of that meeting should reflect a motion to hire a new management company.
The selection of a new management company begins with a clear understanding
of the needs of the association and may require a special meeting by the board
or a committee to clarify them.
After
bids have been received from qualified companies, a meeting should be held to
interview the prospective management companies.
A
vote to change the management company would have been legal if there had been
a quorum of the Board of directors at a properly noticed meeting called for the
purpose of selecting a new management company, or if it had been on the agenda
of a regularly scheduled board meeting and a majority of the directors voted for
the change.
The
tone of your letter suggests you were surprised by the change. From either perspective,
if it had been done properly, you should have been informed prior to the change
in management.
In
the executive session meetings who is entitled to attend? Is it normal for the
management company to attend even on issues that relate to the management company
itself?
Executive
session meetings are held for the purpose of litigation considerations, matters
relating to the formation of contracts with third parties, member discipline,
or personnel matters.
The
board of directors and the property manager usually participate in executive session
meetings. Other attendees may include the association's attorney, other professionals,
contractors or vendors, and homeowners who may be subject to a fine, penalty,
or any other form of discipline.
Sometimes, the property manager may be excluded from executive session meetings,
particularly if the issue being discussed involves the management company.