Q. I pay HOA fees for maintenance that includes landscaping, but not all areas of our development are the same; some streets have ornamental trees and a minimal amount of leaves falling, while my block is swamped with leaves on the ground beginning in September, but I can’t get management to send the landscapers to keep our walkways clear. How do I get copies of the contract between the HOA and the landscapers? How can I document or build a case on my own without lawyers? Are there any laws that I can refer to if I want to see bids, details of the work provided, or a schedule of days the landscapers should be working, and also the work that they did/should do? I would like to find a way to persuade management to provide more attention to certain areas when necessary.

                                  —Feeling Neglected

A. “As an attorney representing condominium organizations, it is important to address the legitimate concerns raised by residents regarding maintenance issues and access to contract details between the governing Board and its vendors,” says Gina Desrochers, associate at Perkins & Anctil in Westford, Massachusetts. “Each organization’s governing documents will establish the basic framework for condominium governance and maintenance responsibilities, and delineate the powers and duties of the condominium board. Generally, condominium community boards in the Commonwealth are entrusted to oversee the maintenance of common areas and ensure that vendor contracts, such as those with landscapers, are properly managed.

“While this authority typically rests with the board, owners are entitled to see organization records. Specifically, M.G.L. Chapter 183A, Section 10(c) states that owners have the right to access certain documents related to the management of the condominium. By law, these documents are to be made available during normal business hours and at a time agreeable to both the managing agent and the unit owner. 

“If owners are concerned about the level of service provided by vendors, such as insufficient leaf removal in certain areas, residents should:

• Document the Issue: Keep records of the dates and nature of maintenance issues. This documentation will be helpful in addressing the problem with the board or management.

• Communicate with the Board or Management: Formally report the issue to the board or management company, providing detailed information and any documentation.”

“To obtain a copy of a contract between a board and the landscapers, residents should follow these steps:

• Review Your Governing Documents: Review the condominium’s governing documents (the Master Deed and Declaration of Trust and/or Bylaws), to understand the process for document requests and the rights of owners to inspect records.

• Submit a Written Request: Direct your request to the condominium board or management in writing. Clearly specify that you are requesting access to the landscaping contract, including any amendments or addendums.  Note that owners may not be entitled to proposals or documents that have not yet matured into final agreements between the organization and the vendor.

• Attend Meetings: Unit owner meetings are typically where the management reports on vendor performance and contract details and work items. Attending these meetings or reviewing minutes can provide additional insights into landscaping services and contracts.