Contract issue

Discussion in 'Homeowner Assistance Forum' started by Lawn-Scapes, Mar 18, 2007.

  1. Lawn-Scapes

    Lawn-Scapes LawnSite Silver Member
    Messages: 2,810

    I have a little dilemma that I need some assistance with. I have recently acquired the position of being president for our small HOA. The former president awarded himself the lawn maintenance contract last year. He did this by taking bids and then under bidding the lowest bid by $25. About a week ago at a meeting of board members only... he decided to pencil into this contract that it was self renewing. He also changed the amount of cuts from 26 to 16 with the price staying the same. He then basically demanded one of the officers resign it. The woman told me that he made her very nervous and felt intimidated. This guy is a real low life. He knew a change was coming...

    I did not want to take this position but myself (along with many others) could not stand to see him in this position any longer. He was on a real power trip and is basically stealing money with his BS contract.

    Although I am in the business I have no interest in mowing the property for personal monetary gain. I would like to mow it at no cost for the coming year to save the community the expense... so we can spend this money on other needed projects.

    My question is.. can we fire him at this point? Any ramifications to worry about? His contracted payment plan runs from March - December. He has not been paid anything nor has he done any work. There is no cancellation policy written into the contract.

    Any information that would help would be most appreciated!
  2. JB1

    JB1 LawnSite Fanatic
    Messages: 5,904

    fire him, if he raises a stink theres probably some criminal charges you could get him for if you dig a little further.
  3. LwnmwrMan22

    LwnmwrMan22 LawnSite Platinum Member
    Messages: 4,373

    That's the way it was at an HOA of my aunt's.

    Once they started digging, they found where he was getting kickbacks from all the companies that he hired to do work, where he couldn't do it.

    It was he and his sons always doing light maintenance projects, but plumbing / electrical, that sort of stuff, he was signing contracts to double of some, and getting that extra money back, under the table.
  4. Albery's Lawn & Tractor

    Albery's Lawn & Tractor LawnSite Bronze Member
    Messages: 1,674

    Most contracts say they can be cancelled with in 30 days by written notice. Just send him a polite letter saying his services will no longer be needed as of today.

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