Proposal: Delegate Maintenance to the Maintenance Committee

Proposal: Formally delegate maintenance responsibilities to the Maintenance Committee

Date: 2023-02-08

Consensed at 2023-02-08 ACM 

Proposed

Formally delegate all maintenance responsibilities from Management Committee to the Maintenance Committee on a trial basis, to be re-evaluated in 6 months

Background

The current structure of the Management Committee presents two challenges:

1. Management must be legal Unit Owners, so the list of eligible members is small compared to the total adult population in the community.
2. Management has a broad set of responsibilities and is overburdened with too much to do and not enough people to do it.

How this proposal intends to address the issue

Per the Declaration and Bylaws, Management has the legal authority to delegate a project manager to carry out most of its functions:

• Per Bylaws section 2.14: "The Management Committee may carry out through a Project Manager any of its functions which are properly the subject to delegation"


• Per Article X section d) of the Declaration: "The Management Committee, after obtaining consent and approval from at least sixty-seven percent (67%) of the undivided interests in the Common Areas and Facilities present, in person or by proxy, at a meeting duly called and established for such purpose, may delegate to a manager or managing company all of its foregoing powers, duties and responsibilities referred to in this Article X, Section c) above except: the final determination of Common Expenses, budgets and assessments based thereon; the promulgation of Rules and Regulations; the power to enter into any contract or debt instrument involving more than $5,000 in any one fiscal year; the opening of bank accounts; the power to purchase, hold, sell, convey, mortgage, or lease any Units in the name of the Association or to bring, prosecute and settle litigation. All such reserved actions will need the advice and affirmative consent and approval of at least a sixty-seven percent (67%) of the undivided interests in the Common Areas and Facilities present, in person or by proxy, at a meeting duly called and established for such purpose."

Under this new model, Management and the Maintenance Committee would have the following responsibilities:

Management Committee:

• Must be made up of 5 Unit Owners per county records, as defined in the CC&Rs

• Meeting times can be reduced to one hour (1st and 3rd Tuesdays of each month)

• Delegate all maintenance to the Maintenance 

• Assign large projects to the Maintenance Committee
• Has oversight over the Maintenance Committee

• Handle all legal matters

  • President shall sign all contracts on behalf of the Association

  • Adopt rules and regulations for the community

• Handle all financial matters

  • Handle operating and reserve fund bank accounts

  • Prepare annual budget

  • Pay bills, sign checks

  • Provide final review and approval on all large spend amounts (> $500) from any committee, including Maintenance Committee

  • Late fees, pay or work exceptions, etc.

• Further roles & responsibilities as per the CC&Rs

Maintenance Committee:

• Any community member can be on the committee

• Handle projects where maintenance work is done by external vendors (roofing, snow removal, etc.) as well as in-house maintenance projects

• Take on maintenance tasks assigned by Management

• Follow standard procedures for vendor payments as well as all large spend projects

  • Get Management signoff on vendor selection, project scope, and budget,  etc.

• Meets at regular times, similar to ACM and Management meetings

  • 2nd and 4th Tuesday at 6:30 pm in Common House

• Publish regular minutes

• Has consistent members in roles elected by the committee
  • Note Taker (takes meeting notes, sends notes to community, and publishes them to the wiki)
  • Agenda Setter (publishes regular agenda before each meeting)
  • Documentation Manager (ensures documentation is updated and stored properly for each project)
  • other roles TBD
• Can consist of project managers, as well as a list of "doers" in the community with specific skills (electrical, demolition, painting, sewing, etc.) who are willing to be called on for various tasks as needed
• Creates, tracks, and manages a running list of routine maintenance tasks as well as maintenance requests from community members 

Pros:

• Encourage broader participation in tasks that are critical to the functioning of the community
• Reduce burnout of management members
• Management becomes a less burdensome role, though still important to the functioning of the community
  

Cons:

• ?