2 AssociationHelpNow ™ • New Jersey: Issue 6, 2018
NATIONAL HOA Q&A: What can a manager do when forced to act unethically by the board?
not to report them first to the president before responding). I suspect that the manage- ment agreement requires that any amendments thereto be in writing signed by the par- ties. As such, to the extent that the president’s oral commu- nications with you are incon- sistent with your obligations under the management agree- ment, they are not valid or enforceable. Moreover, I doubt whether the president, in com- municating directly with you, is acting with the authority of the entire board, but in all probably is acting as a “lone wolf” without board authority. Importantly, the management agreement will provide un- der which circumstances your services can be terminated. It may be that the board will need to establish “cause” (that you breached your obligations
Q: I amamanager. Increasingly myself and staff are asked to engage in unethical behavior (not illegal). I am currently in a position where I must report all communications with cer- tain residents to the president before responding. Sometimes I am not allowed to respond (to even basic requests). I would be fired in a heartbeat if I did not tow the line. Do I have any recourse? A: It depends on the terms of your management agree- ment with the homeowners association. For instance, your management agreement may require you to report all com- munications with all residents (and not just certain residents) to the board (and not just to the president). Your manage- ment agreement may require you to respond promptly to all homeowners’ requests (and
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