Working with Vendors: Selection, Contracts, and Accountability
How to find, evaluate, and manage vendors for your HOA or condo association, including bidding processes, contract essentials, and quality control.
Vendors are essential to community association operations. Landscapers, pool companies, roofers, plumbers, insurance agents, accountants, attorneys. Your community depends on outside providers for most of its operational needs.
Managing vendor relationships well means getting quality work at fair prices while protecting the association from liability and disappointment. Managing them poorly means overpaying, dealing with shoddy work, and spending endless hours fixing problems.
This guide covers the vendor management cycle: finding vendors, evaluating proposals, negotiating contracts, and holding providers accountable.
Finding Qualified Vendors
Before you can evaluate vendors, you need to find them. The goal is to identify multiple qualified candidates for comparison.
Sources for vendor referrals:
- Other community associations: Ask neighboring boards who they use and whether they'd recommend them.
- Management companies: Established managers have vendor relationships and know who performs reliably.
- Professional associations: CAI (Community Associations Institute) chapters often maintain vendor directories.
- Online research: Check reviews, but verify with direct references.
Initial screening questions:
- How long have you been in business?
- Do you have experience with community associations?
- Can you provide proof of insurance?
- Can you provide references from similar communities?
A Franklin board president shared how they found their current landscaper: "We asked five other HOAs in Williamson County who they used. Two recommended the same company. That was our starting point." Word of mouth from peers is often the best source.
The Bidding Process
For significant work, get multiple bids. This ensures fair pricing and gives you options to compare.
When to get multiple bids:
- Projects above your board's single-approval threshold (often $5,000-$10,000)
- Recurring contracts up for renewal
- Any work where you're unsure of fair market pricing
Creating an effective bid request:
- Specify exactly what you need done (scope of work)
- Include timeline requirements
- Require proof of insurance (liability and workers' comp)
- Ask for references from similar communities
- Set a deadline for bid submission
Evaluating bids:
- Compare apples to apples. Different scopes make comparison impossible.
- Ask questions about anything unclear or significantly different between bids.
- Consider total value, not just lowest price. Reliability and quality matter.
- Check references. Actually call them and ask specific questions.
Be wary of bids significantly lower than others. Either they're cutting corners, misunderstanding the scope, or they'll hit you with change orders later.
Contract Essentials
A good contract protects both parties and sets clear expectations. Never start significant work without a written agreement.
Essential contract elements:
- Scope of work: Detailed description of what will be done, materials used, and standards expected
- Price and payment terms: Total cost, payment schedule, and what triggers each payment
- Timeline: Start date, completion date, and any milestone deadlines
- Insurance requirements: Minimum coverage levels and requirement to add association as additional insured
- Warranty/guarantee: How long work is guaranteed and what's covered
- Termination clause: How either party can end the agreement and with what notice
Additional provisions to consider:
- Indemnification (vendor protects association from claims arising from their work)
- Dispute resolution process
- Licensing requirements
- Change order procedures and pricing
For complex or high-value contracts, have an attorney review before signing. The cost is minimal compared to the exposure of a bad contract.
Ongoing Oversight and Quality Control
Signing a contract is the beginning, not the end. Ongoing oversight ensures you get what you're paying for.
For recurring services (landscaping, pool maintenance):
- Define what "acceptable" looks like. Written standards help.
- Conduct regular inspections. Monthly walkthrough with the vendor works well.
- Document issues promptly and in writing.
- Require corrective action within a reasonable timeframe.
For project work (construction, major repairs):
- Define inspection points in the contract.
- Consider hiring an independent inspector for major projects.
- Don't make final payment until punch list items are complete.
- Document everything with photos and written reports.
Performance documentation:
- Keep a file for each vendor with contracts, correspondence, and performance notes.
- Note issues and how they were resolved.
- This history is invaluable when contracts come up for renewal.
When Problems Arise
Even good vendors sometimes fall short. How you handle problems matters.
Addressing issues:
- Start with direct communication. Many problems are misunderstandings or oversights.
- Put concerns in writing. Verbal complaints are forgotten.
- Be specific about what's wrong and what you expect.
- Set a reasonable deadline for correction.
Escalation path:
- Direct communication with your regular contact
- Written complaint to their supervisor or owner
- Formal notice citing contract provisions
- Contract termination per the agreement's terms
- Legal action (last resort)
When to change vendors:
- Repeated quality failures despite documented complaints
- Lack of responsiveness to legitimate concerns
- Insurance lapses or licensing issues
- Pricing becomes uncompetitive after good-faith negotiation
Changing vendors has transition costs. Don't do it lightly, but don't accept poor performance indefinitely either.
Special Considerations
Emergency vendors:
- Identify emergency contacts for critical services (plumbing, electrical, security) before you need them.
- Verify they offer 24/7 service and response time guarantees.
- Understand their emergency pricing in advance.
Long-term relationships:
- Loyalty to good vendors has value. They know your property and prioritize established clients.
- But periodically test the market to ensure pricing remains competitive.
- Multi-year contracts can lock in pricing but reduce flexibility.
Board member conflicts:
- If a board member has a business relationship with a vendor, they must disclose it.
- Depending on the situation, they may need to recuse from discussion and voting.
- Perceived conflicts matter too. Avoid even the appearance of impropriety.
Key Takeaways
- 1Get multiple bids for significant work and compare scope carefully
- 2Always have written contracts with clear scope, pricing, and termination terms
- 3Require proof of insurance and add the association as additional insured
- 4Conduct regular inspections and document performance issues
- 5Build relationships with reliable vendors but periodically test the market
- 6Have emergency contacts identified before you need them
Frequently Asked Questions
- How many bids should we get for HOA projects?
- Three bids is the common standard for significant projects. This provides enough comparison without excessive effort. For very large projects or specialized work, consider four or five. For routine services, two or three is often sufficient.
- Should our HOA require vendors to be licensed?
- Yes, for any work requiring a license in Tennessee. Verify licenses are current and appropriate for the work being done. Working with unlicensed contractors can create liability issues and quality problems.
- How do we verify vendor insurance?
- Request a Certificate of Insurance (COI) directly from the vendor's insurance company or agent. The certificate should list your association as the certificate holder. Set calendar reminders to verify coverage before it expires.
- Can we hire a board member's company to do work for the HOA?
- Generally this should be avoided due to conflict of interest concerns. If unavoidable, the board member must fully disclose, recuse from discussion and voting, and the arrangement should offer clear value to the association. Document everything.
- How long should vendor contracts run?
- One year is common for recurring services, with renewal options. Longer terms can lock in pricing but reduce flexibility if performance declines. For project work, the contract should match the project timeline.
- What should we do if a vendor damages property?
- Document the damage immediately with photos. Notify the vendor in writing. Their liability insurance should cover property damage. If they dispute responsibility, consult your attorney before paying for repairs yourself.
Disclaimer
This content is provided for general informational purposes only. Contract terms and vendor requirements may vary based on your specific situation and governing documents. Consult with a licensed Tennessee attorney for legal questions about contracts and liability.