HOA Management Agreements: What Boards Should Know Before They Sign
- Board of Directors, Managing Agent
Summary
A management agreement can affect nearly every aspect of an HOA’s operations—from finances and records to vendors, homeowner communications, maintenance, and major projects. Yet boards sometimes sign these agreements without fully understanding the provisions that may become critically important later.
Management companies typically prepare their own contracts, and those agreements are naturally designed to protect the management company’s interests. Boards should not assume that every provision is standard, non-negotiable, or necessarily in the association’s best interests.
Termination rights, additional fees, indemnification, limitations of liability, control of association funds and records, vendor relationships, arbitration provisions, electronic data, and transition requirements can all create significant consequences if they are not carefully reviewed before the agreement is signed.
This article explains what HOA boards should look for, what provisions deserve closer scrutiny, and the questions directors should ask before committing the association to a management contract.
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