Accell Property Management Inc

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
** *** has illegally altered my account payment history as is apparent that A) there is no record of the full charge of the unauthorized plumbing bill and B) there is no record of a credit applied to my account to offset part of that charge per the board's illegal decisionFurthermore, *** *** cites California Civil Code dictates how a management company is obligated to apply the assessments and it is first applied to the oldest unpaid assessment invoice to justify misapplying funds in my accountHowever, late fees did not begin to accrue until March 2016.Accell Property Management did not process my first payment within business days of sending the checkTherefore, *** ** *** advised me to put stop payment on the checkI called Billing Associate *** *** and Property Manager *** *** and left a voice message to not process the check if received as I would send a new check and then wrote a follow up email to the HOA President *** *** *** processed the check anywaySimilarly, Accell did not process my January payment in a timely matter and so I accidentally issued a duplicate check, once again called *** and told him not to process the second check, and he did anywayAccell asserts that it is incapable of correcting billing errorsAccell is fully responsible for the NSF fees.The plumber visit was unauthorized and unnecessaryThere was no leak, and no reason for the downstairs neighbor to call for serviceSince *** *** *** *** at ** *** *** *** *** ** *** choose to call, they are responsible for the service visit and resulting billThe charge needs to be moved from my account to theirs
Regards,
*** ***

To Whom It May Concern:
Please see below to the answers to the questions that were asked:
-Which Board Member for *** *** (if any) reviewed my two letters referenced above? The entire Board reviewed *** *** letters.
-Why was my wood repair suddenly rescheduled to be done a few weeks earlier than planned? *** *** requested that the HOA expedite the repairs; in response, the repairs were completed ahead of schedule.
-Why was it decided that I should not have a termite inspection while the siding was removed? Multiple termite inspections were performed before the wood repair project commencedAccording to *** ***, no major termite repairs were required.
-Who was it that made this decision? The Board of Directors and Management.
-I understand that it was *** *** at *** that requested my wood repair done earlyIs
that correct? Yes, *** *** stated the following on 10/26/16: "*** has inspected this property multiple timesWe have treated his property multiple times under the *** *** HOA warranty serviceI understand the HOA has hired general contractor to replace all exterior dry rot and termite damage, which is now complete.”
-What would Accell Management be willing to do to resolve this problem? The Board of Directors considers this issue closed and resolvedManagement will accommodate any direction as required by the Board.

The vendor has contacted the owner and has scheduled a meeting with them to discuss damages.

Decisions as to who will be hired to conduct the work (e.gtermite treatment, wood repairs) are made by the Association's Board of Directors As the managing agent, it is our responsibility to execute on these decisions made Attached are the responses from the two contractors - ***
*** and *** *** - based on the complaint made by the homeowner
If there are any additional questions or clarification needed, please let us know

As the new manager on this account I did respond to this complaint via email pm February 8, in an effort to resolve the matter. To respond I did some extensive research in an effort to understand what had happened. The Complainant’s Community signed a contract with Accell and
management services were started November 1, 2014. Billing for the monthly assessment is sent out in the last weeks of the prior month. Per the Association’s Billing and Collection Policy, assessments are due on the first of the month and are late on the 15th. There is typically some confusion with the owners of a community when the Board moves to a new management company. This does result in late fees as many send their payments to the prior company who hold them and then they are forwarded to the new company. Because of that start up confusion, the first $late fee was reversed as can be seen on the account historyThis reversal was granted as a one-time courtesy because of being a new client. It was applied to all owners. The account history shows no payment received for the November assessment, then on December 1, 2014, the December assessment was added. On December 2, payment check was received and posted to the account to cover the November assessment. California Civil Code dictates how a management company is obligated to apply the assessments and it is first applied to the oldest unpaid assessment invoice. Then as can be seen the check was returned for Non-Sufficient Funds (NSF.) This results in a $fee for the additional handling to reconcile the account that is added to the owner’s account. Per the Management Contract, the Association is billed for and pays those additional costs that are incurred by individual owners and the amount is added to the owner’s assessment invoice for reimbursement to the Association. This information is in the Annual Collection Policy adopted by the Board of Directors of the community and provided to every owner annually as required by law As you review the payment history, the cycle continues with payments going to the oldest unpaid assessment which then leaves the current assessment late. A second NSF check is processed adding another $to the account. This was explained to the Complainant in my email of February 8, 2017. As for the plumber incident, on November 23, 2015, the owner of the downstairs unit called Accell Property Management to report a possible leak as water could be heard running non-stop and dripping sounds were heard in the wall/ceiling between the units. Whenever there is the possibility of damage from water, Management immediately dispatches the Association’s plumber to assess the problem and repair it. Attached is the work order and the Plumbers invoice. As the invoice indicates, the plumber too could hear water running in the ceiling above the master bath’s toilet. The condominiums are mirror images, which meant the noise was coming from the upstairs bathroom of the complainants unit. The plumber went upstairs, knocked and was granted access where he found the toilet running. His recommendation to the complainant was the fill valve and the flapper needed replaced to resolve the water running issueThe maintenance of the toilet itself is the individual owner’s. The pipes in the walls are the responsibility of the AssociationThe Association coded and paid the invoice. As required by Civil Code, the Association called the complainant to a Hearing before the Board for the purpose of discussing and determining if the cost of the plumber should be reimbursed to the Association by the Complainant The Complainant did attend the hearing before the Board in an Executive Meeting held February 17, The Board found the Complainant needed to reimburse the plumbers bill but they agreed to assess her account only half of the $invoice. The Board also agreed to waive a $late fee assessed in but they denied her request to waive the $NSF fee assessed to the account. On March 3, $was added to the account as a Reimbursement Assessment which per the Covenants, Conditions and Restrictions (CC&Rs) is treated like the regular monthly assessment when it comes to being subject to late fees. As noted previously, California law requires owner payments be applied to the oldest unpaid assessment invoice first, then to other assessments and finally to fines, late fees and other reimbursements. Per the Accounts Receivable Supervisor, as of February 1, the unpaid balance of $consists of the following: $NSF fee 12/14 $NSF fee 2/3/15 $plumbing reimbursement assessment 3/3/16 $late fees from 3/16/to 1/16/17 The complainant was also advised in my email that as the management company, we have no authority to reverse or write off fees and fines from an owners account when those fees and fines have been applied in accordance to the Association’s governing documents and Billing and Collection Policy all of which are consistent with the Davis Stirling Act, the portion of California Law which governs homeowner associations and their operations Only the Board of Directors can reverse or waive these fees and fines. Due process was followed with respect to the Hearing and the assessment of the plumbing reimbursement. The Governing Documents were also adhered to when the late fees and NSF fees were applied. Therefore, I respectfully request the charges against Accell Property Management be dismissed. Thank you. Tell us why here

In reviewing the history of the customer's concern, it is important to understand the process of how decisions are made for the property The process when receiving requests and concerns is to forward them to the Board of Directors at the next scheduled Board meeting by placing the items on an
agenda for discussion and resolution Decisions are made by the Board at that time and the directive to execute upon these decisions are provided to the property manager Based on recent communication, the response time between email exchanges from both parties ranges from same day response, one day response, and two days responseA few email conversations did not continue again up to 6-days by the customer Inspections of the property are conducted regularly and any maintenance or landscape issues are placed on the agenda for the Board to review/discuss and decide upon a resolution It was made known to the customer on a several occasions what the next step would be to resolve the landscape problems As of the last meeting held on May 23, 2016, it was determined that the Board President would inspect the landscape area and discuss with the customer his concerns

To Whom It May Concern:
Please see below to the answers to the questions that were asked:
-Which Board Member for *** *** (if any) reviewed my two letters referenced above? The entire Board reviewed *** *** letters.
-Why was my wood repair suddenly rescheduled to be done a few weeks earlier than planned? *** *** requested that the HOA expedite the repairs; in response, the repairs were completed ahead of schedule.
-Why was it decided that I should not have a termite inspection while the siding was removed? Multiple termite inspections were performed before the wood repair project commencedAccording to *** ***, no major termite repairs were required.
-Who was it that made this decision? The Board of Directors and Management.
-I understand that it was *** *** at *** that requested my wood repair done earlyIs
that correct? Yes, *** *** stated the following on 10/26/16: "*** has inspected this property multiple timesWe have treated his property multiple times under the *** *** HOA warranty serviceI understand the HOA has hired general contractor to replace all exterior dry rot and termite damage, which is now complete.”
-What would Accell Management be willing to do to resolve this problem? The Board of Directors considers this issue closed and resolvedManagement will accommodate any direction as required by the Board

Revdex.com:
I have reviewed the response made by the business
in reference to complaint ID ***, and it states that business has contact me with such information I have not received any communication from the business or related parties since issuing this complaint to Revdex.comCommunication also stated that issue would be resolved by week's end (last week), yet, no communication has been received on a resolution
[ I have not received any communication from the business or related parties since issuing this complaint to Revdex.comCommunication also stated that issue would be resolved by week's end (last week), yet, no communication has been received on a resolution Revdex.com, I request your continued support to resolve matter ]
Regards,
*** *** ***

*** from Accell Property Management is in contact with the vendor to resolve the damage to homeowners vehicleThis will be resolved by the end of this week*** has notified the homeowner regarding the update

Revdex.com:I have reviewed the response made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
My comments are in the same order as the answers to my questions:1-If, as Accell states, the entire Board of Directors has reviewed my letters, why have they opted not to discuss them at both the October 10th and November Board meetings? I asked every one at the November 14th Board meeting who had read my letters and none of them said that they did Accell’s comments at that meeting revealed that *** *** had not read my letters either He stated that there were no shortcomings in the termite reports by *** but that he was unaware that one report showed problems and the other problems He also informed me that the Board could not read my letters until President, missing since September, was present so that they could read my letters and discuss the issue.2-I never requested that the HOA expedite the repairs My only concern was an unbiased termite inspection of the wooden frame while the siding was removed.3-Multiple inspections were prepared, but they showed major problems with ***, the inspector Also, they were done while the siding was in place so possible termite damage to the underlying structural support could not be viewed Pilot ***’s crew are not licensed termite inspectors The construction paper would have had to have been removed to check for termites damage to the studs, which they did not do.4-If the Board of Directors made this decision all of them at the last two meetings lied, since they told me that they could not even read my October letter without the President of the Board in attendance He has not been at a board meeting since the October 10th meeeting For all that I know he could have also been absent for the September Board Meeting.5-My complaint with the California Structural Pest Control Board called for *** *** to pay for the replacement of any wooden studs if termite damage to to them was found that was likely to have been caused by his negligence He had a motivation to have my siding replaced while he thought I would be out of the countryHe was the only one that knew that I would be gone 6-As far as the last comment is concerned, if the Board of Directors considers this case closed, why did they admit they had not read my letters? Instead, *** *** said that I have to wait until the remaining board member returns so they could read these letters that I provided If they read them and understood the issue and helped *** cover up for their negligence, it would show that the Board of Directors are not acting in the best interest of the Homeowners, which is their fiduciary responsibility This is the final determination that I have to make
Regards,*** ***

As the new manager on this account I did respond to this complaint via email pm February 8, in an effort to resolve the matter. To respond I did some extensive research in an effort to understand what had happened. The Complainant’s Community signed a contract with Accell and
management services were started November 1, 2014. Billing for the monthly assessment is sent out in the last weeks of the prior month. Per the Association’s Billing and Collection Policy, assessments are due on the first of the month and are late on the 15th. There is typically some confusion with the owners of a community when the Board moves to a new management company. This does result in late fees as many send their payments to the prior company who hold them and then they are forwarded to the new company. Because of that start up confusion, the first $late fee was reversed as can be seen on the account historyThis reversal was granted as a one-time courtesy because of being a new client. It was applied to all owners. The account history shows no payment received for the November assessment, then on December 1, 2014, the December assessment was added. On December 2, payment check was received and posted to the account to cover the November assessment. California Civil Code dictates how a management company is obligated to apply the assessments and it is first applied to the oldest unpaid assessment invoice. Then as can be seen the check was returned for Non-Sufficient Funds (NSF.) This results in a $fee for the additional handling to reconcile the account that is added to the owner’s account. Per the Management Contract, the Association is billed for and pays those additional costs that are incurred by individual owners and the amount is added to the owner’s assessment invoice for reimbursement to the Association. This information is in the Annual Collection Policy adopted by the Board of Directors of the community and provided to every owner annually as required by law As you review the payment history, the cycle continues with payments going to the oldest unpaid assessment which then leaves the current assessment late. A second NSF check is processed adding another $to the account. This was explained to the Complainant in my email of February 8, 2017. As for the plumber incident, on November 23, 2015, the owner of the downstairs unit called Accell Property Management to report a possible leak as water could be heard running non-stop and dripping sounds were heard in the wall/ceiling between the units. Whenever there is the possibility of damage from water, Management immediately dispatches the Association’s plumber to assess the problem and repair it. Attached is the work order and the Plumbers invoice. As the invoice indicates, the plumber too could hear water running in the ceiling above the master bath’s toilet. The condominiums are mirror images, which meant the noise was coming from the upstairs bathroom of the complainants unit. The plumber went upstairs, knocked and was granted access where he found the toilet running. His recommendation to the complainant was the fill valve and the flapper needed replaced to resolve the water running issueThe maintenance of the toilet itself is the individual owner’s. The pipes in the walls are the responsibility of the AssociationThe Association coded and paid the invoice. As required by Civil Code, the Association called the complainant to a Hearing before the Board for the purpose of discussing and determining if the cost of the plumber should be reimbursed to the Association by the Complainant The Complainant did attend the hearing before the Board in an Executive Meeting held February 17, The Board found the Complainant needed to reimburse the plumbers bill but they agreed to assess her account only half of the $invoice. The Board also agreed to waive a $late fee assessed in but they denied her request to waive the $NSF fee assessed to the account. On March 3, $was added to the account as a Reimbursement Assessment which per the Covenants, Conditions and Restrictions (CC&Rs) is treated like the regular monthly assessment when it comes to being subject to late fees. As noted previously, California law requires owner payments be applied to the oldest unpaid assessment invoice first, then to other assessments and finally to fines, late fees and other reimbursements. Per the Accounts Receivable Supervisor, as of February 1, the unpaid balance of $consists of the following: $NSF fee 12/14 $NSF fee 2/3/15 $plumbing reimbursement assessment 3/3/16 $late fees from 3/16/to 1/16/17 The complainant was also advised in my email that as the management company, we have no authority to reverse or write off fees and fines from an owners account when those fees and fines have been applied in accordance to the Association’s governing documents and Billing and Collection Policy all of which are consistent with the Davis Stirling Act, the portion of California Law which governs homeowner associations and their operations Only the Board of Directors can reverse or waive these fees and fines. Due process was followed with respect to the Hearing and the assessment of the plumbing reimbursement. The Governing Documents were also adhered to when the late fees and NSF fees were applied. Therefore, I respectfully request the charges against Accell Property Management be dismissed. Thank you. Tell us why here

In response to complaint ID *** *** did not alter the account payment history*** *** was sent a hearing notice and she attended the hearingThe Board of Directors agreed to pay half of the plumbing billTherefore, since *** *** account could not be assessed prior to a hearing, her account was only assessed her half of the plumbing bill*** *** uses her online banking to make her payments*** *** called our office on January 28, and was told the mailing address of her payment was incorrect and given the correct mailing address for the paymentThe mailing address is located on the billing statement*** *** has still not updated the mailing addressSince the payments are sent directly to the associations bank lockbox the incorrect mailing address causes a delay in receiving the payment. The payments have been sent to *** *** Association, c/o Accell Property Management, *** *** *** *** *** *** *** ** *** *** *** mailing address is ***s *** Association, c/o Accell Property Management, Inc., *** *** Pasadena, CA 91199-1950.Payments are mailed to the Association's bank Lockbox; therefore, Accell cannot stop a check from being processed once it has been mailedThe bank does not have the capability to look for a specific check that has been errantly mailed.*** *** states that the plumber visit was unauthorized and unnecessaryHowever, either *** *** or someone at her residence let the plumber into her unit*** *** did attend a hearing regarding this issueTherefore, *** *** is responsible. *** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
** *** has illegally altered my account payment history as is apparent that A) there is no record of the full charge of the unauthorized plumbing bill and B) there is no record of a credit applied to my account to offset part of that charge per the board's illegal decisionFurthermore, *** *** cites California Civil Code dictates how a management company is obligated to apply the assessments and it is first applied to the oldest unpaid assessment invoice to justify misapplying funds in my accountHowever, late fees did not begin to accrue until March 2016.Accell Property Management did not process my first payment within business days of sending the checkTherefore, *** ** *** advised me to put stop payment on the checkI called Billing Associate *** *** and Property Manager *** *** and left a voice message to not process the check if received as I would send a new check and then wrote a follow up email to the HOA President *** *** *** processed the check anywaySimilarly, Accell did not process my January payment in a timely matter and so I accidentally issued a duplicate check, once again called *** and told him not to process the second check, and he did anywayAccell asserts that it is incapable of correcting billing errorsAccell is fully responsible for the NSF fees.The plumber visit was unauthorized and unnecessaryThere was no leak, and no reason for the downstairs neighbor to call for serviceSince *** *** *** *** at ** *** *** *** *** ** *** choose to call, they are responsible for the service visit and resulting billThe charge needs to be moved from my account to theirs
Regards,
*** ***

Revdex.com:
I have reviewed the? response made by the business
in reference to complaint ID ***, and it states that business has contact me with such information? I have not received any communication from the business or related parties since issuing this complaint to Revdex.comCommunication also stated that issue would be resolved by week's end (last week), yet, no communication has been received on a resolution
[? I have not received any communication from the business or related parties since issuing this complaint to Revdex.comCommunication also stated that issue would be resolved by week's end (last week), yet, no communication has been received on a resolution? Revdex.com, I request your continued support to resolve matter ]
Regards,
*** *** ***

In reviewing the history of the customer's concern, it is important to understand the process of how decisions are made for the property? The process when receiving requests and concerns is to forward them to the Board of Directors at the next scheduled Board meeting by placing the items on an
agenda for discussion and resolution? Decisions are made by the Board at that time and the directive to execute upon these decisions are provided to the property manager? Based on recent communication, the response time between email exchanges from both parties ranges from same day response, one day response, and two days responseA few email conversations did not continue again up to 6-days by the customer? Inspections of the property are conducted regularly and any maintenance or landscape issues are placed on the agenda for the Board to review/discuss and decide upon a resolution? It was made known to the customer on a several occasions what the next step would be to resolve the landscape problems? As of the last meeting held on May 23, 2016, it was determined that the Board President would inspect the landscape area and discuss with the customer his concerns

*** from Accell Property Management is in contact with the vendor to resolve the damage to homeowners vehicleThis will be resolved by the end of this week*** has notified the homeowner regarding the update.?

Revdex.com:I have reviewed the? response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below
see attachedRegards,*** ***

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
My comments are in the same order as the answers to my questions:1-If, as Accell states, the entire Board of Directors has reviewed my letters, why have they opted not to discuss them at both the October 10th and November Board 14 meetings?  I asked every one at the November 14th Board meeting who had read my letters and none of them said that they did.  Accell’s comments at that meeting revealed that [redacted] had not read my letters either.  He stated that there were  no shortcomings in the termite reports by [redacted] but that he was unaware that one report showed 5 problems and the other 29 problems.  He also informed me that the Board could not read my letters until President, missing since September, was present so that they could read my letters and discuss the issue.2-I never requested that the HOA expedite the repairs.  My only concern was an unbiased termite inspection of the wooden frame while the siding was removed.3-Multiple inspections were prepared, but they showed major problems with [redacted], the inspector.  Also, they were done while the siding was in place so possible termite damage to the underlying structural support could not be viewed.  Pilot [redacted]’s crew  are not licensed termite inspectors.  The construction paper would have had to have been removed to check for termites damage to the studs, which they did not do.4-If the Board of Directors made this decision all of them at the last two meetings lied, since they told me that they could not even read my October 10 letter without the President of the Board in attendance.  He has not been at a board meeting since the October 10th meeeting.  For all that I know he could have also been absent for the September Board Meeting.5-My complaint with the California Structural Pest Control Board called for [redacted] to pay for the replacement of any wooden studs if termite damage to to them was found that was likely to have been caused by his negligence.  He had a motivation to have my siding replaced while he thought I would be out of the country. He was the only one that knew that I would be gone.    6-As far as the last comment is concerned, if the Board of Directors considers this case closed, why did they admit they had not read my letters?  Instead, [redacted] said that I have to wait until the remaining board member returns so they could read these letters that I provided.  If they read them and understood the issue and helped [redacted] cover up for their negligence, it would show that the Board of Directors are not acting in the best interest of the Homeowners, which is their fiduciary responsibility.  This is the final determination that I have to make.
Regards,[redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
see attachedRegards,[redacted]

In response to complaint ID [redacted] did not alter the account payment history. [redacted] was sent a hearing notice and she attended the hearing. The Board of Directors agreed to pay half of the plumbing bill. Therefore, since [redacted] account could not be assessed prior to a hearing, her account was only assessed her half of the plumbing bill. [redacted] uses her online banking to make her payments. [redacted] called our office on January 28, 2015 and was told the mailing address of her payment was incorrect and given the correct mailing address for the payment. The mailing address is located on the billing statement. [redacted] has still not updated the mailing address. Since the payments are sent directly to the associations bank lockbox the incorrect mailing address causes a delay in receiving the payment. The payments have been sent to [redacted] Association, c/o Accell Property Management, [redacted] mailing address is [redacted] Association, c/o Accell Property Management, Inc., [redacted] Pasadena, CA 91199-1950.Payments are mailed to the Association's bank Lockbox; therefore, Accell cannot stop a check from being processed once it has been mailed. The bank does not have the capability to look for a specific check that has been errantly mailed.[redacted] states that the plumber visit was unauthorized and unnecessary. However, either [redacted] or someone at her residence let the plumber into her unit. [redacted] did attend a hearing regarding this issue. Therefore, [redacted] is responsible.  [redacted]