| The board is specifically authorized by law to hire a managing
agent to provide professional assistance to the board in the day-to-day
operation of the condominium. It also has statutory authority to
retain or employ other personnel to assist the board in the maintenance
and operation of the common elements.
It is necessary for the board to have a proper understanding
of the role of the managing agent. The board must remain in
control of the association, and it does not have the authority
to delegate its fiduciary duties to the managing agent. The
board members must keep themselves reasonably informed regarding
the managing agent's activities and retain control. All policy
decisions, major purchasing, expenditures, and operating decisions
must be made by the board of managers in consultation with
the managing agent. While the managing agent may recommend
a course of action, and will carry out the plan after it has
been adopted by the board, it is the board of managers who
remain responsible.
The managing agent should provide a monthly report to the
board members showing all activity for the previous month,
financial statements, correspondence, and progress reports.
The board members must review this material and make sure they
understand it.
In many ways, the retention of a managing agent is like entering
into a business partnership. For this reason, it is essential
that a board have an appropriate written management contract
that specifies what work will be done, what the fees will be,
and what happens when the contract terminates. A competent
attorney must be retained to assist the board.
With regard to the hiring or retention of personnel and contractors
to perform repair and maintenance work and to operate the association,
the managing agent should be able to present bids for the board's
determination. Customarily, the agent is given general authority
to retain workers to perform small and inexpensive repairs
from time to time.
It is sometimes stated that a board must obtain at least three
bids. It is possible that less than three or more than three
bids may be needed, depending upon the circumstances. The board
must exercise business judgment. For very large projects where
there may be a huge difference in price, numerous bids may
be necessary. In addition, the board may want to consider bidding
out through different sources than merely through the managing
agent. The board must be especially careful to act independently
when seeking to hire an accountant or attorney because it is
preferable for these professionals to be loyal to the association
board instead of to the managing agents who may retain them. |