Time for Change: The HOA Board’s Neglect of Its Fiduciary Duty in Management Contracts

For more than a decade, our HOA Board has failed to review or rebid our management contract, allowing the same management company to remain in place without competition. Over this period, the “company’s fees have increased year after year—without proper member notification-” yet the quality of service remains widely criticized by homeowners.

This is a violation of fiduciary responsibility.

Our governing documents are clear:

“Any agreement for professional management of the Development cannot exceed one year without the consent of 51% of the Total Voting Power. Furthermore, no management agreement can exceed a term of three years, even with member approval.”

Yet, despite these rules, the Board has continuously renewed the management company’s contract without a transparent review, competitive bidding process, or proper homeowner involvement.

Why This Matters

No contract should remain unchecked for over a decade. Long-term contracts without review breed complacency, inefficiency, and potential mismanagement of funds.

Regular contract reviews and competitive bids ensure fair pricing and quality service. This is standard business practice, yet our Board has failed to do this for more than 10 years.

Homeowners deserve transparency. Raising fees without properly notifying members is unacceptable and raises serious concerns about accountability.

The Membership Must Act Now!

It is time for the HOA Board to fulfill its fiduciary duty by reviewing the management contract, putting the service out for bid, and ensuring that any future agreements comply with the HOA’s governing documents. Homeowners deserve a management company that is accountable, fairly priced, and respected by the community.

If the Board refuses to act, then homeowners must take action to hold them accountable and recall the HOA Board of Directors. Our community deserves better.

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