Danella Realty & Management

April 17, 2017Dear [redacted],Danella Realty and Management Company Inc. is in receipt of the complaint submitted by [redacted] of [redacted].I am the Vice President of the Community Association Management Division of Danella. Our company manages the association that [redacted]...

resides which is called The [redacted] at [redacted] Condominium Association. However, we do not provide maintenance services nor do we have the authorization to employ contractors for the Association without direct instructions from the Board of Directors who govern the Association.The Management function of this Association is administrative in nature. The Board is the principle policy-making body which sets policies, standards, procedures, programs and budgets. Management's function is to carry out these Board decisions. The Board has the authority and the power to set policies and standards to carry out these policies. It may delegate its authority to implement its decisions, but it cannot delegate its responsibility to see that they are implemented and implemented properly. Management implements decisions of the Board and administers the programs, services and activities of the association within the policies and guidelines set by the Board. Management does not make independent decisions for Associations. This procedure may be different in apartment complexes where the owner may provide decision making power to the manager. This is not so in Association management.Each and every time [redacted] reported the light fixture malfunctioning, it was promptly forwarded to the Board of Directors to provide us instructions on how this should be handled. The Board responded to both [redacted] and us that they would repair the light fixture themselves once there were at least three lightstandards in the community that needed the fixture replaced and when the weather improved.The Board of Directors perform some of the maintenance on their ownto save the Association funds. The light standards are quite high and the Board rents a gas powered lift to replace the fixtures. It has been their policy for several years to postpone replacing street light fixtures unless there were at least three that needed to be repaired. This policy is printed in the newsletter from time to time and told to every resident that reports that a street light is out, including email correspondence and telephone conversations with [redacted].The Board is not just replacing lightbulbs but replacing the exiting fixtures where the lightbulbs only last 2 or 3 years with energy efficient LED fixtures that will last up to 10 years. Also, the Board encourages residents to leave their exterior lights on to supplement the street lights.The Board President replaced the street light fixture that [redacted] reported on April 8, 2017. Hopefully, with this new fixture, the light will not be out for at least 10 years.[redacted] stated that she wanted her condominium fees refunded to her for the period of time that the light was malfunctioning. The Association's governing documents prohibit unit owners from refusing to pay their association fees for any reason. Section VIII of the Declaration states, “No Unit Owner may waive or otherwise avoid liability for Common Expenses by non-use of the Common Elements.'Again, Danella Realty & Management does not provide maintenance services and does not employ contractors for Associations without Board of Directors authorization. We were not authorized to employ a contractor to repair this street light. To charge my company with poor business practices is unwarranted. [redacted] should be taking this issue to the Board of Directors and not my company as we do not control the replacement of lights, or anything else, in her community.We hope this closes this matter satisfactorily and we do not receive a scar on our good business reputation as we operate at the direction of our Clients; in this case, The [redacted] at [redacted] Condominium Association.Best regards,Rebecca M.Vice President Community Association Management Division