The Decision to Hire or Terminate Vendors is a Board Decision.

By November 10, 2019 Condo & HOA Law

Q:   Many of us in our condominium do not care for the landscape company. We have asked the Board to terminate the company, but they have refused to do so. Can the members vote to require the Board to do what we want in regard to the landscaping?

– G.B., Bonita Springs

 

A:   Probably not directly but indirectly yes. Unless your governing documents contain an express provision requiring membership approval of vendor contracts, which would be very unusual, the decision to hire or terminate vendors performing service for the Association is a Board decision. So, a vote of the members directing the Board to terminate the landscaping company would not be binding on the Board.  However, there are several ways to accomplish your goal if you have sufficient votes to do so. First, with majority consent of the total voting interests you could recall the Board and replace it with new Directors who are in favor of removing the landscaping company. Or you could seek to amend the Declaration to specifically require member approval of landscaping contracts and vendors. However, before taking such rather drastic measures I would recommend you obtain a copy of the current landscaping contract to determine how it could be cancelled. Even a new Board desiring a new landscape vendor would be bound by the terms of the current contract which could make cancellation difficult. An alternative would be to prepare a report for the Board clearly documenting the deficiencies, with photos, and try to convince the Board of the merits of your request. Finally, you could seek to run for the Board in the next election and attempt to gain a majority control through the election process.

 

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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: info@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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