WHEN THE MANAGEMENT COMPANY GOES
TOO FAR
By
Eric Glazer, Esq.
Published May 27, 2019
I previously wrote a column about how
difficult it is to be a community association manager. The
amount of hats that a community association manager often has to
wear is amazing. Simultaneously, he or she needs to serve as the
number cruncher, interior designer, police man, collection
agency, master of ceremonies, complaint department, tech expert
and unit owner liaison. They have to be friendly and
professional, even when they don’t get the same treatment in
return. They also have to walk that delicate balance of trying
to appease the board members, while being tough enough to say
“NO I WON’T DO THAT” when asked to do something that they know
isn’t quite right or legal. It isn’t easy.
One job that your manager cannot have however
is selecting the vendors that service your community.
That’s the job of the directors. I see this
problem arise all the time when I teach our seminar. Some board
members actually have no idea what I’m even talking about when I
tell them that the management company works for the board and
that while a Board may seek a recommendation as to which vendor
to hire, the manager or management company has no say whatsoever
in who actually gets selected. Their recommendation can be
accepted or completely ignored.
Time after time after time board members
approach me and tell me, “We tried to change our accounting firm
but our management company said we can’t.” Or, we want to go
with a new law firm but our manager said “No” you’re stuck with
this one.” And the terrible thing is……. The board believes it.
Worse yet, it is more prevalent as the average age of the board
members go up.
Board members are well advised to know one
thing………If your manager or management company mandates who to
hire, it’s time to ask them to recommend other community
association managers or management firms. They have to go.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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