While acknowledging that the SF CPI may not be a perfect indicator, it still serves a purpose, doesn't it? Marriott seems to consistently reference inflation with maintenance fee increases. It's worth noting that we're discussing projections for 2024. What is the expected inflation rate for the upcoming year? Some voices suggest it could be even lower than 2023, which itself is lower than 2022. Given this, why the significant and seemingly disproportionate increases at Marriott-managed resorts compared to competitors like HGVC?
Insurance premiums at certain Vistana resorts increased significantly upon Marriott assuming management. It raises the question of whether Vistana lacked proper insurance before Marriott's involvement, though this seems doubtful. At the time Marriott did not provide a credible explanation for the substantial increase in insurance costs, and you are not presenting any supporting evidence regarding Marriott's alleged clout with insurance companies. Why shouldn't Marriott explore alternative insurance options and present them to the Board of Directors? Is that not a responsible management practice?
Earlier comments suggest Marriott had to reimburse certain costs to this association after facing considerable resistance. If the BOD achieved success in the past, what suggests that new efforts won't yield similar results? Your remarks imply that the Board of Directors should never question Marriott's actions or, worse, resort to litigation. Could this attitude potentially lead to abuses if management realizes there are never significant consequences to their actions?
Is it not concerning that litigation expenses, even when attributed to the management company's fault if I understand correctly, can be allocated among other properties without any perceived wrongdoing? If the management is never held accountable for its misdeeds and faces no consequences, does this not provide an incentive for them to act carelessly, knowing they will always reap the benefits of management contracts without any downside?
Your statement that Marriott can spend money not approved in the budget is troubling to me. Why have budgets if the manager can simply disregard them and request additional funds after the fact?
I'm not quite sure why you presume that insurance options weren't looked at by MVW and an analysis done by management as to what was the best policy? If the HOA/BOD thinks that SF CPI is an appropriate inflation adjustment for MFs, then why would their suggested insurance alternatives even be considered credible?
IDK why you would even think that applying a CPI would serve a valid purpose. One of the biggest components of the CPI is housing costs. When the pandemic hit, people moved out of SF. Rents dropped. Other components are food and energy costs. Last time I checked, the operating costs of a timeshare property don't include food or housing. Moreover, the SF CPI isn't adjusted to deal with the energy costs in the mountains. It doesn't include things like the cost of snow removal. You may recall that Tahoe had record snowfall as an example of why costs, even when budgeted, can be exceeded. You are not looking at the operating costs and budget rationally. When an HOA budgets $50k for gas and electric; and the bills total $100k, the property manager can't simply tell the utility provider, "sorry, the budget only says $50k so you have to provide all of our utilities for free when it hits that sum" (and note that in the winter of 2022/23, energy costs in CA increased by something like 300%). I don't understand why that is "troubling to you". Of course the bill has to get paid. And snow needs to be removed. The management did an amazing job keeping the resort open with significant weather related issues.
And, let's not forget that included within the MFs are the bad debts. When fellow co-owners don't pay their MFs, that leaves a shortfall in operating funds. Nowhere does the CPI take that figure into account. Nor does the CPI include things like wages and employee costs and benefits. When a business has employees, there are costs incurred for things like health insurance, retirement, worker's comp insurance, other benefits, plus employer share for FICA. There are many other things on an operating budget that aren't part of any CPI calculation. Reserves are yet another component that comes to mind. And places in destinations that deal with severe weather tend to need higher reserves than other locations. Have you reviewed the proposed budget that the HOA/BOD doesn't agree with? I have not seen any discussion of the line items, only that the president of the HOA wants to keep the increases low and tied to an unrelated CPI. The reality is difficult for some to grasp.
Now, for example, if the budget item was something that could be controlled, like staffing, then the management cuts staff to stay within the budgeted amount. But not sure what troubles you by the management company actually paying the bills to third party providers. I'd be much more troubled by the manager NOT paying the bills. And, let's discuss insurance premiums for a minute. The budget is prepared a year in advance. The premiums may not be known at the time the budget is prepared. Just like you cannot predict if there is going to be a massive wildfire that destroys areas nearby such that insurance premiums go through significant increases. If the premium comes in 15% higher than budgeted, do you expect the management company to simply ignore the bill and pay only what was budgeted? That just isn't how the real world operates. Insurance and utilities are not discretionary expenses. The HOA/BOD members are exceptionally naive if they assume the utility bills should not be paid when the budget is exceeded. Those HOA/BOD members owe all owners a fiduciary duty to do what is best in the interests of ownership; demanding that management not pay the bills incurred by the property is a breach of their fiduciary duty.
I don't know why you put words in my mouth. I never said the HOA should never question management or never resort to litigation. But the fact is that litigation is expensive. The vague references to prior litigation being successful is pure speculation on your part. No one here has provided a true and correct copy of any settlement agreement. Indeed, it is quite common for both sides in a settled dispute to say that the litigation was settled favorably to them. And, believe it or not, prior litigation results do not predict future results. It is extremely naive to say that new litigation will yield similar results when you don't even know the facts. You seem to be forgetting that the management company works for the HOA pursuant to the written agreement. Both sides are obligated to perform their contractual obligations in good faith. That is a given in the law. Yet, you presume that the management company will simply act carelessly or with ill-intent.
As to the litigation being allocated among other properties, no, it is not concerning because this was wage and hour claims governed by the California Labor Code. Representative actions are filed by one aggrieved employee on behalf of all similarly situated employees. What is concerning is that the wage and hours laws were apparently not followed when it came to overtime. I do not know the specifics, nor do I know if there was a change in OT law as enforced by the California Dept of Labor, so I do not know (and you do not know either) if fault for violating those wage and hour laws can be assigned, but it is extremely prudent for the matter to be resolved expeditiously. If not, and if repeated claims for the same violations are reported, then the damages can be trebled. As opposed to saying that management was responsible for all "misdeeds", perhaps management was responsible for saving the properties significant penalties? It goes both ways, and unless you are privy to the litigation, you would not know, just like I do not know. But to automatically assume that allocating the cost to settle a representative wage and hour litigation claim is nefarious, then you don't understand how the labor code works or how it is enforced when the claims are filed in a representative manner.