What Can I Do If the Property Manager Is Not...

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What Can I Do If the Property Manager Is Not Fulfilling Their Duties?

A property manager in a homeowners’ association plays a key role in ensuring good coexistence and sound financial management. They are responsible for coordinating repairs, managing budgets, paying suppliers, and generally keeping all matters related to the community or buildings in order.

However, things do not always go as expected. Sometimes, residents face uncomfortable situations when the manager is not fulfilling their duties—whether due to lack of interest, lack of transparency, or poor financial management. This can lead to conflicts, financial losses, and even deterioration of the property.

What should the community do if this situation arises?

1. Clearly Identify the Breach of Duties

Before taking action, it is essential to identify and document the specific breaches. It is not enough to feel that the manager “is not doing their job well”; ideally, you should have evidence or concrete examples.

Common examples include:

  • Failure to provide annual accounts or financial statements.
  • Delays in paying suppliers or handling repairs.
  • Lack of transparency in the community’s expenses.
  • Failure to call ordinary or extraordinary meetings as required by law.
  • Ignoring owners’ claims or requests.
  • Lack of maintenance in common areas.

Tip: Keep all emails, receipts, communications, or meeting minutes that may serve as evidence. The more documentation you have, the stronger your position will be before the community or in a possible legal process.

2. Review the Contract or Appointment Document

The next step is to review the document governing the relationship with the manager. This may be a service contract, a meeting minute where they were appointed, or both.

This document should outline their duties, obligations, and the duration of the role. It will help determine exactly what is being breached and whether there is a clause allowing early termination.

Some contracts include penalties for non-compliance or procedures for removing the manager, so reviewing it carefully is crucial before taking action.

3. Formally Communicate the Issue

Before starting a removal process, it is advisable to try resolving the issue directly and formally.

Send a written communication (preferably via certified mail or email with read confirmation) including:

  • A detailed explanation of the breaches.
  • A request for clarification or correction within a specific period (e.g., 15 days).
  • References to contract clauses or meeting agreements being violated.

This step demonstrates good faith and may also serve as evidence that the community attempted to resolve the issue amicably.

4. Inform the Committee or Board of Owners

If the manager does not respond or fails to rectify the situation, the next step is to inform the residents’ committee or board.

This body supervises the manager’s work and can take measures such as calling an extraordinary meeting or initiating a financial review.

Support from other owners is essential. If several neighbours share the same concerns, actions will carry more weight and legitimacy.

5. Call an Extraordinary Meeting

If the manager continues to neglect their duties, it is time to take formal action. The law and most homeowners’ association regulations allow a group of owners (usually representing 25% or 33% of shares) to call an extraordinary meeting.

During this meeting, the community may:

  • Present the manager’s breaches.
  • Review accounts and management documents.
  • Vote on a motion of no confidence or removal.
  • Appoint a new manager or a temporary committee.

It is important that everything is recorded in the meeting minutes and that formal requirements for calling and voting are met to avoid future challenges.

6. Consider Legal Action If Necessary

If the breaches have caused financial damages, misappropriation of funds, or other serious irregularities, legal action may be necessary.

In these cases, it is essential to seek advice from a lawyer specialising in homeowners’ associations or real estate law to act properly and protect the community’s interests.

7. Choose a Responsible New Property Manager

If the manager is ultimately removed, the most important thing is to avoid repeating the same mistakes.

When selecting a new professional or management company, consider the following:

  • Demand transparency in accounts and budgets.
  • Ensure clear clauses on accountability and audits.
  • Consider hiring a service that offers digital tools for greater transparency.

A good property manager not only performs technical tasks but also maintains fluid and honest communication with owners.

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