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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33101
Experience:  12+ yrs. of experience including real estate law.
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I am a condo owner that has an HOA. We have a property

Customer Question

I am a condo owner that has an HOA. We have a property manager under contract who also owns 5 units with in our HOA, He is not a board member. My question, Is there a conflict of interest here. Since he is an owner and property manager. To add, he also charges his renters for maintenance done to his units, which he is under contract to do.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 8 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 8 months ago.
What you are describing is not a violation of any law or regulation. That is, there is no law that prohibits a board of directors from hiring an HOA member to serve as a property manager.That said, if you believe that the person is not fulfilling their duties, you can raise this with the board of directors...as they have the power to hire and fire the property manager.
Expert:  P. Simmons replied 8 months ago.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 8 months ago.
Mr Simmons, Your the Attorney and know more than I about AZ law, however, it seems to me that this property manager is double dipping his tenants who pay him rent and their lease covers maintenance and repairs. Not to mention that the HOA fees are included in the rent. So, I must say that to me your answer was just OK, but I still think this property manager should not be employed by the HOA and the Tenants should sue him for gauging them.
Expert:  P. Simmons replied 8 months ago.
I will not argue your premise...that it seems this person is receiving income from both sources. (From the board and from the tenants). But it is not a legal conflict...that is, there is no AZ law that I can point you to that would allow you to demand the HOA board remove this person.
Now...if this person was on the board of directors AND was the property manager? That would be a conflict.
Expert:  P. Simmons replied 8 months ago.
But from a legal standpoint there is no problem with what you are describing...the homeowner is allowed, under the law, to also serve as property manager. Again, it is up to the board of directors to monitor his performance.
Expert:  P. Simmons replied 8 months ago.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that this was a basis for a legal challenge, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Expert:  P. Simmons replied 8 months ago.
Please let me know if you have more questions. Happy to help if I can.
Expert:  P. Simmons replied 8 months ago.
Hi. Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer. I am happy to provide an answer for you...but want to ensure you are willing to rate/accept the answer when we complete. Do you agree with this?

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