Town & Country - Responsible to Association!

When Town & Country Management Company assumes the role of HOA management company on October 1, it must understand that it was contracted by, and is paid for by, the Association. Its allegiance and responsibility must first be to the Association.

What do I mean by this?

In past years numerous Boards, which have revolving membership of directors elected every two years, have failed to comply with many Sections of the CC&Rs, By-Laws, and published Guides (such as the PRM). 

It may be that CAMS objected strenuously to the directors in private. If they did, their objections never reached the Members. The ultimate responsibility for decisions lay with the Board of Directors; the BOD told CAMS what to do.

The Board of Directors will tell Town & Country what to do. How will the on-site property manager, who is employed by Town & Country, respond or react, if he is told to do something that is not right or if he is told not to do something that is right?

Examples:

Where are the Minutes of the Annual Meetings of Voting Members (AMVM)? This is one of the most important meetings of the Association. That is when directors are elected every November. I was told that there aren't any Minutes of AMVMs. 

When the management company reports the over-spending of the Budget every month (Variances), why isn't it informing the Board and the Members at open monthly Regular Board Meetings by reporting these Variances? Why is the Variance for Line 6500 (Legal and Professional Fees) omitted every month? Variances are prominently displayed in the monthly financial statements; but who looks carefully at those?

Will Town & Country pay legal bills from Turner Padget, the HOA's law firm? Every check paid by CAMS for legal fees associated with the lawsuit against Gus Philpott (me) was an illegal disbursement of HOA funds, because the Board never approved the lawsuit. Will Town & Country continue to make those payments or will it refuse?

Will Town & Country publish the two forensic audits that the Association paid $7,500 for? Did the Board instruct CAMS not to publish those audits?

Will Town & Country publish the 2024 Annual Audit, which is months over-due being available to Members?

If an applicant for election to the Board in November is not eligible to be considered as a nominee, will Town & Country inform the entire board or just the President?

Why didn't three Board members know in November 2023 that Patricia Pollin was not eligible to be appointed to the Board? When the CAMS property manager vetted the candidates, why didn't she inform the full Board that Pollin was not eligible? Pollin was appointed to succeed Greg Thomas, who resigned right after being re-elected.

Will the on-site property manager of Town & Country inform the Board how the AMVM is to be conducted? Will he provide a list of legitimate, duly-elected Voting Members, after checking the dates of their bonafide Neighborhood Meetings? That only duly-elected Voting Members can attend? That, if there is not a quorum, then the AMVM must be adjourned and re-scheduled, without an election?

That will be a first!

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