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auto renewal clause for dumpster service for our HOA

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LindaP777

Senior Member
OHIO
Our HOA has a 3 year, automatic renewal clause for garbage (dumpster) service for the community, with price increases built in, signed by a property manager in November 2011, (who was was fired in 2012 for theft, when we became self-managed). She left no records for us (so it would be less likely we would discover her theft). The contract automatically renews ever 36 months, unless a minimum of 60 day written notice is sent certified with a "RRR AND ACTUALLY RECEIVED BY THE COMPANY" (sounds like they could just refuse all certified mail to get out of it). They just raised out rates, with no written notice, but a 5% increase was also built into the contract.

Is there anyway we can void this contract, as the property management company was fired?
 


Zigner

Senior Member, Non-Attorney
OHIO
Our HOA has a 3 year, automatic renewal clause for garbage (dumpster) service for the community, with price increases built in, signed by a property manager in November 2011, (who was was fired in 2012 for theft, when we became self-managed). She left no records for us (so it would be less likely we would discover her theft). The contract automatically renews ever 36 months, unless a minimum of 60 day written notice is sent certified with a "RRR AND ACTUALLY RECEIVED BY THE COMPANY" (sounds like they could just refuse all certified mail to get out of it). They just raised out rates, with no written notice, but a 5% increase was also built into the contract.

Is there anyway we can void this contract, as the property management company was fired?
Ask the provider what it would take to get out of the contract.
 

LindaP777

Senior Member
I did ask. They said they would not let us out of the contract and we were obligated to make the payments for the remaining months.
 

Zigner

Senior Member, Non-Attorney
I did ask. They said they would not let us out of the contract and we were obligated to make the payments for the remaining months.
Then I would suggest that your association is on top of canceling the service with at least 60 days written notice, as required by the contract. I know you're worried that the company may not pick up the mail, but that's a non-issue. If you mail it and it's returned as refused, keep the envelope sealed in case a court action happens.
 

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