Is there any possible way to "fire" an HOA Management company that is not performing the duties they are being paid to perform??

Any contract may be terminated for breach.. You need to give notice of the breach with a specific itemization of defaults and a reasonable period in which to cure. Look at the contract to see if there is a cure and notice paragraph. Always give them the chance to cure. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.

In almost every case, the contract is between the HOA management company and the association. Most management contracts will have a right of the association to terminate the contract with or without cause on some amount of notice. As a homeowner, you have virtually no standing to fire the management company. That power sits solely with the board of directors. If the management company is not performing, first take the issue to the board of your association. If that does not accomplish your objective, then you need to look at replacing the board members so that you point of view is recognized and acted on. In most cases, a vote of the membership would be ineffectual to cancel the management contract if the board refuses to go along. Thus, you have to look at electing a different board if your want a different management company. As to your complaint about the management company failing to enforce the covenants and failing to find members who violate the covenants, your complaint is probably not with the management company. The management company only acts as an agent of the association, and the association directs the management company through the board of directors. The board has authority to fine owners and to address illegal construction. The management company does not. If the board does not authorize the management company to act on its behalf, there is nothing the management company can legally do other than to terminate the contract to manage the association. You may want to investigate and talk to both board members and the property manager to find out where the fault lies, if there is fault.