Scope of Contractual Services for Home Owner Associations
Attendance at Board Meetings: Manager shall attend up to (1) one regular Board meeting every quarter as may be directed by the Board. Manager has no obligation to attend regular Board meetings on holidays or for more than (2) two hours for any single meeting. The Board shall give Manager reasonable advance notice of such meetings and make an effort to accommodate any conflict in Managers schedule.
Preparation Meeting Notices, Agendas & Coordination of Venues as appropriate: Manager shall schedule, notice and coordinate the Board, general membership meetings and Annual Meetings and shall prepare necessary materials such as notices, agendas, reports, ballots, proxies, and similar items.
Owner Roster: Manger shall maintain a current roster of the names and addresses, and to the extent they are available, the telephone numbers and email addresses of all unit owners.
Correspondence: Manager shall receive and review ASSOCIATION correspondence, and shall prepare and dispatch such correspondence as may be appropriate for the occasion.
Record & File Maintenance: Manager shall maintain the corporate functional files relating to the operations and management of the ASSOCIATION as required by law.
Emergency Services: Manager shall have in effect and provide for after hours answering and/or emergency assistance service as may be necessary for the health, safety and well being of the occupants of the Association.
Rule Enforcement: Manage shall assist the Board in enforcing the Project Documents, generating enforcement letters per the Boards enforcement policy and the governing documents and assist the Board in conducting the necessary hearings. Unless held in conjunction with Board Meetings, hearings will be charged to the Association at the Managers rate.
Insurance Liaison: Manager shall obtain and submit an insurance program for Board review, and provide liaison services with ASSOCIATION insurance brokers and/or agents. Manager does not engage in claims administration.
Hours of Operation: Manager shall maintain normal office hours Monday through Friday (except holidays) for communications related to ASSOCIATION business.
Ordinary Maintenance/Repairs of Common Area: Manger shall schedule and monitor maintenance and repair the common area, including the following: common area structures streets walks and gutters; pool(s), spa(s), saunas(s) and related equipment; painting; plumbing; janitorial services; trash collection; garage/carports; landscape areas.
Major Repairs/Alterations of Common Area: Any repairs, structural changes, alterations or additions to the common area.
Contract Administration: The Manager, at the request of the Board, and in accordance with the terms of the management contract, shall obtain competitive bids for the work and submit them to the Board for their action. The Board shall then decide upon the company or the professional to hire to do major repairs. Manager shall coordinate and monitor the work in progress, but shall not supervise or be responsible for the satisfactory completion of the work. The Board shall hire a construction supervisor, if appropriate, and that party shall supervise and ensure satisfactory completion of the work.
Assessment Collection: Management shall cause to be prepared and mailed assessment billing coupons to the membership as the Board may direct, and shall bill the owners, as necessary, for other assessments, fees and charges levied by the Association. Manager shall cause the collection and, as necessary, the receipt for all assessments, fees, charges or other income received by the Association.
Deposit of Collections: If processed manually, Management shall deposit all assessment funds collected locally into the appropriate ASSOCIATION account(s) within (3) three business days of receipt. Homeowners are also encouraged to utilize the auto payment method called ACH. Management shall also maintain the records of the ASSOCIATIONS interest bearing reserve accounts pursuant to a reserve study and the ASSOCIATIONS Adopted Investment Policy, or as may otherwise be directed by the Board.
Delinquency Follow-Up: Manager shall be responsible for collecting delinquent assessments and other charges in accordance with the policies and procedures Adopted by the Board Annually for the Association. Manager shall act as liaison between the Board and a collection service to provide the information and records necessary to pursue collection of delinquent accounts. Management charges an additional fee for costs associated with participating in any collection action that is equal to the late fees assessed to the delinquent homeowners.
Lien Enforcement Policy & Practices: Management shall assist the Board in the preparation Delinquency Policy describing the ASSOCIATIONS policies and practices in enforcing lien rights or other legal remedies for the collection of delinquent assessments against ASSOCIATION members. The policy will be distributed to the membership during the ninety (90) day period immediately prior to the beginning of the ASSOCIATIONS fiscal year.
Invoice Processing and Approval: Management shall review and approve all invoices for budgeted items and other approved expenditures. Any and all apparent discrepancies or irregularities in invoices shall be corrected by coordination with the appropriate vendor.
Major Repair: Management shall attempt to contact a member of the Board for expenditure approval, but if unsuccessful, Management is authorized to act in any reasonable manner to satisfactory address the emergency situation.
Disbursements-Accounts Payable: Manager shall cause regular and periodic disbursements from ASSOCIATIONS operating accounts for all expenses and obligations authorized to be paid and on behalf of the ASSOCIATION as set forth in this Management Agreement. .
Financial & Report Preparation: Management shall maintain or casue to be maintained by an outside service, complete and accurate financial books and records for the ASSOCIATION.
Corporate Tax Returns & Audit Preparation: Management shall assist the ASSOCIATION and its bookkeeper, certified public accountant or other financial consultant in the preparation of tax returns, annual audits, and financial reviews. Management shall distribute copies of the year-end financial review to the membership within 120 days after the close of the ASSOCIATIONS fiscal year or as otherwise required by law.
Budget Preparation: Management shall assist an outside service in the preparation of a pro forma operating budget as required by Civil Code Section 5300(a)(b)(1) so that it is available to the Board not less then one hundred (100) days prior to the beginning of the ASSOCIATIONS fiscal year, in order that it may be approved and into the hands of the Associations not later than the ninetieth (90) prior to the end of the fiscal year. If the Board elects to distribute a summary pursuant statements to be mailed to the member, Management shall arrange to provide a copy of the Budget by first-class mail within five (5) days of the request. BUDGET PREPARATION WILL INCLUDE ALL DISCLOSURES REQUIRED BY THE CIVIL CODE TO BE DISIMINATED ANNUALLY AS PART OF OR WITH THE BUDGET.
Reserve Study: Management shall schedule & coordinate a periodic reserve study in order to comply with the requirements of California Civil Code 5550.
Administration of Contracts: The Board shall select all contractors, vendors, and service providers unless Manager is instructed by the Boards to make the selection. After selection and retention, Manager shall schedule and monitor the activities of the contractor, vendor or service provider, including without limitation, the obtaining of contract documents, certificates or insurance, copies of bonds, warranties, releases of liens and other necessary or prudent documentation. Manager shall monitor the work in progress, keep the board apprised of its status and process warranty claims. Manager also shall cooperate and assist professional consultant retained by the Board.
Complaint/Service Request Procedures: Manager shall develop and maintain a program to respond to all reasonable complaints and all reasonable requests for maintenance repairs and minor alterations in accordance with the procedures and guidelines adopted by the Board. Manager shall report monthly to the Board on all such complaints and requests.
Materials & Supplies Expense: Mailing Labels-Envelopes/Standard-Envelopes/Large Manila-Photocopies-Color Paper reproductions-Postage-Color Reproductions-Handling-Single Unit-Handling-Mass Mailing-Long distance telephone calls- FAX transmissions-Binders/Archives boxes/file.
Non-Routine Services: Manager may, at the request of the Board, perform certain non-routine services for additional compensation at the rate of $100 per hour, plus travel at one-half (1/2) such hourly rate and travel expenses actually incurred, or at such other rate of compensation as may be agreed upon in writing by Manager and ASSOCIATION.