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Ending the relationshipLesson 21 of 24

Academy/Community Management Companies

Changing management companies

What actually controls the exit: your contract, not a rule of thumb.

You end a management relationship by following your contract's termination clause, since notice periods are set by negotiation, not by a general law. Then you run a records handoff: Florida requires records back within 20 business days of termination or written request, whichever comes first; other states leave the deadline to your contract.

01

Why boards actually change firms

Most switches trace back to service failures: repeated accounting errors, calls that go unreturned, records the board can't get its hands on, or a manager who starts making calls that belong to the board.

But not every complaint means the firm is the problem. Practitioner guidance on management red flags is blunt about the board's own role in how this happens.

"Problems arise when boards delegate too much to managers."

Source: California HOA Management Company Red Flags Fact Sheet, MBK Chapman

A board that never gives clear direction, then blames the manager for filling the vacuum, will hire the same outcome under a new logo. Before you sign a new contract, decide whether the fix is a new firm or a board that shows up and gives instructions in writing. See avoiding overdependence on the manager.

02

Check the termination clause before you check the calendar

How much notice you owe, and how much notice you're owed if the firm wants out, is set by the management contract your board signed, not by a general rule.

Notice periods commonly run 30, 60, or 90 days in practice, but nothing requires any particular number. Read your own contract's termination clause rather than assuming a default.

If you're negotiating a new contract right now, this is the moment to fix a notice period your board can live with, instead of accepting whatever the vendor's template says. See management contracts.

03

Get the records back, on a schedule you can enforce

Once the relationship ends, the association's records, financials, contracts, owner files, and meeting minutes belong to the association, not the outgoing manager. Florida law sets a hard deadline for handing them over.

"shall return all community association official records within its possession to the community association within 20 business days after termination of a contractual agreement to provide community association management services to the community association or receipt of a written request for return of the official records, whichever occurs first."

Source: Florida Statutes §468.4334, Return of official records, The Florida Senate

Miss that window in Florida and the firm faces a civil penalty of $1,000 per day for up to 10 business days starting on day 21, plus possible license suspension.

That deadline and penalty are Florida's own. Most states leave the records return timeline to your management contract, so confirm what your state and your contract actually require before you assume a number. Build the request into your transition plan rather than waiting to see if the boxes show up. See retrieving records and credentials and management transition checklist.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

Your board wants to end its management contract. Where does the notice period the board must give actually come from?

A Florida association fired its management firm 25 business days ago. The firm still hasn't returned the records. What does state law expose the firm to?

Owners complain the manager keeps making calls the board never approved. Before switching firms, what should the board do first?

Sources

Community Management Companies

Once your board has decided to change firms, the transition checklist walks through the handoff step by step.

Notice periods for ending a management contract, and the deadline and penalty for returning records once it ends, vary by state and by your own contract. Only Florida's 20 business day, $1,000 per day rule is confirmed here.