Q: What is the duty of our property manager to report complaints from other owners, doesn’t the manager have to notify the board right away? It seems like complaints are flooding into the management office, but the Board is not being notified until the situation is already out of control.
A: Not necessarily. It is understandable that the Board wants to make sure any complaints are handled appropriately. Keep in mind a few things. You hire a property manager as a professional to handle the day-to-day operations of your Association. Do you really want the property manager to inform the Board every time a light bulb needs to be replaced? Probably not.
The best remedy for this is to have a standard policy regarding complaints—or better yet, specify the procedure for notifying the Board of complaints in your management contract. “Property manager is to notify Board within three business days of any written complaint.” This provides framework for the Board to be put on notice when a situation begins to turn for the worst. One complaint about a barking dog may not raise any red flags, but 15 complaints from different neighbors might. In addition, make sure any complaints are in writing. This prevents ambiguity and possible loss in translation when a phone conversation is had, and may provide evidence that may be needed for an enforcement hearing or lawsuit in the future. Specify to the manager what you want to know and when.