Dear Ms. [redacted],We do not have an executed contract within our file for you at the Ace Rental Management office building. We do have an email copy of the document you noted in your response that contains your signature. It has multiple suggested language changes hand written on the contract as you noted. We do not execute contracts with these types of changes so there should have been some further conversation or communication between you and our property manager to work out the details. Do you have an executed copy of a final management contract? If so, we would appreciate the opportunity to review it as you previously noted because we do not have an executed copy.As distinguished in our previous response, it is the executed management contract that triggers a property to be placed on the periodic inspection list. Without an executed contract there is nothing that would activate that process within our office.What causes our finance manager to take management fees in the office is a different mechanism altogether as compared to maintenance being prompted to perform an inspection. The fact that money is coming in and needs to be disbursed to an owner triggers that specific process. In contrast, tenants calling in and reporting issues with a property we manage triggers the maintenance department to consult as needed with the owner and dispatch appropriate vendor(s) to rectify the problem(s).When you emailed me, I contacted our maintenance manager and instructed her to perform an inspection as soon as possible because I assumed we had an executed management contract in place with you for the property in question. The only reason I instructed our maintenance manager to perform an inspection was specifically a result of your request for us to do so. There was no other underlying reason. I am not involved at the office on any kind of regular basis. If something does get by one of our employees and an owner like yourself contacts me directly, my response is to contact my employees and prompt them to take care of their respective jobs which includes follow up with that owner. That was done in this case as in other cases, but in the process of following up with the office employees, it was discovered within a few days that there was no executed contract in place for your property that we could find.In regards to the timing of your checks, they are handled in the same manner as all of our other owners and as long as rent payments come in on time or close to it, all checks are sent out on the same day of the month. This has always been our company practice.As noted previously, unless there is evidence to the contrary, we do not have an executed contract that most specifically in the case of this response is used to trigger a property’s inspection occurrence. I would like for you to understand that your property’s inspections or lack thereof was not some intentional slight against you but was the result of what appears to be an incomplete process of getting an executed management contract in place. No verbal communication should have been allowed to determine, even for the short period of your vacation, how your property was handled by our office. This was the first step in the wrong direction and it is an anomaly that has no precedence within our office. We should have insisted that you come in and sign the management contract before leaving on vacation or given you the responsibility for that property until a clear written agreement was signed by both parties. Why this did not happen is unclear at this point.Based upon the recent inspection that was performed, there were no issues with the condition of your property. This being understood, we recognize that both our office and our owners have shared responsibility to insure that agreements governing the handling of individual properties are in place and agreed. Our desire is to complete an agreement that is executed by both Ace Rental Management and yourself so that we can get on solid footing moving forward and consider this a learning experience for both parties.As stated previously, we would be happy to look at a copy of the executed contract if you have one. If not, our options remain as follows:1. Complete a management contract for the purpose of delineating all expectations both on the part of Ace Rental Management and Ms. [redacted].2. Terminate all services that Ace Rental Management currently provides Ms. [redacted] at the end of the month of her choosing.Sincerely, [redacted]
Complaint: 11707706
I am rejecting this response because:we the Board disagree.We are not accusing and did not say that in our complaint if you go back and read. we did not say or accuse Ace of managing Kensington HOA nor will they ever !!!! manage Kensington HOA. Yet you admit in your reply that you do manage [redacted]' #6,7,8,10. and in receiving those rents is included the HOA fees and you have been doing so . If you would have done your investigation you would have found on August 26 2015 election was held for the election of a Board Of Managers . 7 out of 8 owners voted and elected a Board of Managers. The only individual that did not vote was [redacted] (He does not want a Board) The Board then elected A president [redacted] . You have been miss led. A letter was sent out Notifying [redacted] to turn over all account and check books and to notify all associates , ACe REntal Management , [redacted] , leasing ventures, to turn over all hoa fees and funds to the newly elected Board. As for the litigation in court Before Judge [redacted] the case involved [redacted] trying to sue me for unpayed Hoa Fees to him . Judge [redacted] through out that case because I had paid my Hoa fees to our newly elected Board and not to [redacted] . it was not a case to determine if [redacted] was president . You have again been miss informed from [redacted]. You need to get your facts. Receiving those rents still make you liable for the HOA fees that are apart of thyose rents. As for the dumpster I have in my posetion a bill from Republic Services this one dating back to 4/26/15 which shows a bill made out to [redacted] Place Townhomes (Ace Rental6829 [redacted] ln.(li) PO [redacted] You have no dumpster there nor on the other 3 buildings around 6801 that has a dumpster that you Manage. The dumpster that is own our property is Yours which makes you liable for the damages caused to our parking lot from Republic services. and for pryor funds spent out of our HOA account to do pryor repairs.. get your facts. [redacted] President Kensington HOA
Since there were so many allegations made by Ms. [redacted], we chose to respond to each one in RED below. I am a resident of the Pine Shadow Apartments in Silsbee, Texas. I have asked to speak to the Manager, [redacted], but to no avail. The day I moved in I was told by the apartment maintenance man, [redacted], that he was also one of the complex managers and offered to waive my pet fee. There is no truth to Mr. [redacted] being any part or parcel of Ace Rental Management and he is not even the apartment maintenance man. He is the lawn maintenance man who occasionally does minor maintenance tasks if the Ace Rental Management office staff makes the request. Mr. [redacted] has no authority to waive a pet fee or make any decisions regarding the apartment complex any more than the bag boy at Brookshire Brothers has the authority to give food away for free. He helped me move in all of my belongings, along with my son's go-cart as well as my dog (Ukie). Mr. [redacted] claims that Ms. [redacted] asked him to help her move stuff to the apartment. I paid him $80.00 cash to help me move in. The day I moved in (June 22, 2016), the apartment was filthy with dead bugs all over the floor, in the closets and inside the kitchen cabinets. The floors were covered with saw dust and had not been swept or mopped prior to my arrival. The toilet had black residue that appeared to be mold inside and around the rim, and the air conditioner was broken and not operating. I reported the filthy apartment to [redacted] and she came to view the apartment's condition. She cleaned the toilet and then left the rest to me. A cleaning lady was instructed to clean the apartment before Ms. [redacted] was scheduled to move in and she did not report to the office her inability to do so which resulted in this embarrassing and unusual situation. In contrast to Ms. [redacted]’s account above, when [redacted] was notified of the situation she immediately went to look at the apartment. According to Ms. [redacted], there was some accumulated dust on the floor along with a half dozen dead insects in the apartment. When she saw that the floors were not clean and a few dead insects were scattered about she told Ms. [redacted] that she would clean the apartment if she would give her a few minutes. Ms. [redacted] went and procured some cleaning products and went back to clean the apartment. She cleaned the toilet (which had never been used since it was newly installed but had developed a mildew ring from stagnant water) and swept the floor at which time she needed to procure additional items to mop the floor. Ms. [redacted] told her “don’t worry about it girl” I just want to move my stuff in and pick up my son. According to Ms. [redacted], Ms. [redacted] did not want her to do any additional cleaning even though Ms. [redacted] was willing and able to do so. [redacted] insisted that she would clean the apartment but Ms. [redacted] insisted otherwise. My son and I could not stay the first night in the apartment due to the extreme heat conditions. I stayed as long as I could to clean the apartment, and [redacted] instructed me to call a company out of Kountze to repair the A/C unit. That was definitely not my job! We agree that this is not her job nor is it Mr. [redacted] job to answer these types of questions or give this type of advice although I believe he was trying to be helpful. During the lease signing process ALL tenants are told more than once that all maintenance issues must be reported to and managed through the Ace Rental Management office. It is spelled out specifically in the lease itself. All AC units are brand new but some like this one have been sitting unused in a vacant apartment for up to 1.5 years while Ace Rental Management has been working to lease up the apartment complex. The A/C was repaired the next day. Since day one, I have been sexually harassed by [redacted] the maintenance man. As soon as we were made aware of this allegation, Ms. [redacted] was instructed to get with Ms. [redacted] and see what her story was and to obtain copies of any proof she had. We were sent partial strings of seemingly endless texts between Ms. [redacted] and Mr. [redacted]. It was discovered that she and Mr. [redacted] continually communicated via text which seems strange since her claim of sexual harassment started on the first day. Most of the texts seemed quite mundane and none of it seemed to indicate sexual harassment. Of course we cannot ascertain context of most of these statements and the text strings only appear to be partial in nature. We state again that Mr. [redacted] is not the maintenance man. He has a very limited number of tasks he is able to perform due to his skill set and these tasks are only to be performed by Mr. [redacted] if the tenant calls the request into the office and the Ace Rental Management staff instructs Mr. [redacted] to take care of the matter. This man lives in the apartment complex and is supposed to keep up with the maintaining of the resident's lawns and handle any maintenance problems that may arise. When I asked him to fix things in my apartment or keep the lawn maintained, he made sexual advances toward me. Again, Mr. [redacted] is not authorized to handle maintenance items unless they are called into the office by the tenant and he is asked to do so by Ace Rental Management staff. It is clear that Ms. [redacted] asked Mr. [redacted] to make repairs to her apartment based on the partial string of text messages exchanged between the two. What is not clear is why Ms. [redacted] is asking Mr. [redacted] to do anything directly since she was told, as all tenants are, that all maintenance requests must be reported and handled through the Ace Rental Management office. In regards to the assertion of sexual harassment, we have not been able to ascertain via the emails Ms. [redacted] provided, any statements to validate her allegations. After reading through the emails Ms. [redacted] was instructed to inform Ms. [redacted] once again as to how maintenance items are to be reported to Ace Rental Management and not Mr. [redacted]. We asked her not to text, call of email Mr. [redacted] for any apartment complex related items and Mr. [redacted] was instructed clearly not to respond to any requests by any tenants including Ms. [redacted]. Mr. [redacted] should have known this already and so should Ms. [redacted]. Mr. [redacted] was instructed not to text, call or email Ms. [redacted] any more for any reason. I would constantly turn down his advances, and in return he has neglected my lawn and ignored numerous requests for repairs in my apartment. When her complaint about retaliation regarding her lawn not being cut along with the rest of the complex came into the office, Ms. [redacted] was instructed to check it out which she did either the same day or the very next day. She found no difference between the grass around Ms. [redacted]’s apartment and the others in the same cul-de-sac. The apartment weed eater broke and the owner had to buy a new one to replace it which took a couple of weeks to be coordinated. He since then has reported that I have a dog and a go-cart for my son at my apartment. The dog was not authorized to be there and the go cart was not authorized to be in the apartment complex. If Ms. [redacted] wanted an approved dog in her apartment, she would have been required to put down a pet deposit just like any other tenant. This is always discussed during the application process and on Ms. [redacted]’s application she indicated she had no dog. She claims that Mr. [redacted] gave her permission and waived the deposit. This story does not seem realistic as she should have indicated she had a dog and what breed on her application before she would have even met Mr. [redacted]. Not to indicate the pet on her application was being dishonest and makes a person wonder what she may or may not have talked with Mr. [redacted] about. Additionally, a drive by inspection (occurred on September 5th by the owners) of the outside of Ms. [redacted]’s apartment found that she had a trampoline installed on the lawn immediately adjacent to her apartment. This is not an acceptable apparatus in any apartment complex due to the liability involved. It is one more evidence of Ms. [redacted] acting in a manner that is not in keeping with typical protocol within the apartment complex. Now [redacted], Ace Rental Management representative, is requesting a pet deposit and that I remove the go-cart from the premises, when in fact, [redacted] verbally waived the pet fee claiming to be one of the complex managers on the day of my arrival. It is obvious that Ms. [redacted] was in communication with Ms. [redacted], by her own admission, when she claimed in the first segment of this complaint that she was not able to speak with [redacted]. This is just one more inconsistency in the plethora of issues Ms. [redacted] has raised in this complaint. This is the Ace Rental Management protocol and it is exactly what is expected when a person tries to sneak in an unauthorized pet. As previously stated, Mr. [redacted] does not have any authority to respond to any of the requests Ms. [redacted] made. I called [redacted], owner, on August 18, 2016 around 8:00pm and left a message for him to contact me. He responded with a text message much later that night telling me to speak with Ace Rental Management about any problems or concerns. Mr. [redacted] responded as soon as he got the text message following some extended chores on his farm pertaining to some sick livestock. He does not carry his phone on his person on the farm due to the dirty and often wet nature of his work there. He responded with the following entire text “Mrs. [redacted], I have hired Ace Rental management to manage the apartments in Silsbee for my company. Please direct all of your questions or comments to them. If they need me to get involved, they will ask me to do so. I do know that they have procedures for various tasks they perform from tenant approvals to lease signings to apartment complex rules and expectations. They are expected to follow these as you are expected to abide by the conditions delineated within the lease agreement. I respectfully bid you good night. Aug 17 10:42 PM.” I have text messages and video involving incidents concerning [redacted] and his advances toward me. We have seen no such video or any damning text messages to date. Ms. [redacted], please provide clear evidence that Mr. [redacted] is sexually harassing you and we no longer use him as an independent contractor at the apartment complex. This specific remedy was expressed to [redacted] when she was instructed to talk with you both about this situation and to get any evidence from you showing sexual advances or harassment. No definitive evidence has been produced for the review of Ace Rental Management to date. This needs to be looked into immediately because I pay my rent on time and don't deserve to be treated like this by [redacted] or Ace Rental Management for that matter. I will not be sexually harassed or retaliated against. Ace Rental Management took immediate action to start an investigation of this matter in cooperation with Ms. [redacted], but no clear evidence has yet to be provided. Ace Rental Management is not and never will retaliate, but we do need evidence before terminating a contract workers job functions and that has yet to be provided. [redacted] is a man who claims to be one of the complex managers and is allowed by Ace Rental Management to sexually harass residents and not be held responsible. I would not recommend this apartment complex to any single woman! He is not and never was an employee of Ace Rental Management. Anyone could possibly make this type of claim, however Ms. [redacted], like all other tenants Ace Rental Management places, is instructed multiple times during the lease signing process how maintenance works. No one, without exception, is told to report issues to someone on sight or to a neighbor or a stranger. Just because someone comes to cut my grass or help me move when asked, I do not call them to come unstop my toilet or paint my house or put on a new roof. If we could get some type of evidence that sexual harassment was occurring, Ace Rental Management would swiftly deal with getting rid of Mr. [redacted]. Unless we can get some proof that this was or is actually taking place, we will have to wait until we do get some evidence or at least it is made clear in some way. I would like for Ace Rental Management to contact me via phone or in person to discuss these issues. I would like for repairs to be made in the apartment and the lawn maintained and the sexual harassment/retaliation to stop. Well, after being told by [redacted] from Ace rental that they would compensate me two days rent and [redacted] would be gone, I returned home on 8/23/16 to a letter from Ace Rental, stating that [redacted] is contracted out and basically it's not their problem! Ms. [redacted] was never told that Mr. [redacted] would be “gone”, she was told to get copies of any evidence and it would be reviewed. If the evidence showed that Mr. [redacted] was involved in sexual harassment, then of course his work within the complex would be terminated. This is a gross mischaracterization of the official letter from Ace Rental Management and the communication provided by Ms. [redacted]. The letter was sent to inform Ms. [redacted], yet again, how maintenance works in the apartment complex. Ms. [redacted] was told to get any evidence Ms. [redacted] had regarding her allegations and to let Ms. [redacted] know that if evidence existed proving Mr. [redacted] was sexually harassing her he would be discharged of his contractual duties. So when I texted [redacted], like I always do, I was told not to text or call again, to call the office. When I called the office no one responded, because obviously [redacted] is over the Silsbee complex. Ms. [redacted] has made a repeated habit of contacting people directly which is contrary to expected and accepted protocol. She has done this with Mr. [redacted], Ms. [redacted] and various vendors associated with Ace Rental Management including Perfect Air and Mr. David Girouard (maintenance contractor). Ace Rental Management employees are not to make a habit of using their personal cell phones for work purposes. This is done on rare occasions and should be avoided in all instances where possible. Everyone within the Ace Rental Management offices has a responsibility to handle their respective areas of expertise. Ms. [redacted] is just one person that handles tenant related issues for the apartment complex. Others are capable of doing the same thing. Ms. [redacted] does not handle maintenance. Ace Rental Management has a department for that and all tenants are instructed multiple times during the lease signing process how this works and they are provided the contact number for the office. So, since I feel unsafe with the break ins and having the maintence man having a key to my place, I'm asking for the money I had to spend moving in and having utilities turned on plus moving fees, this just isn't a very safe place for single moms. I sent the Owners wife a text on 8/23/16 asking for my money back on cost I have had to incurr to move here with no response yet. There were no “break-ins” per say. There were a couple of teenage girls that lived in an apartment at the front of the complex that were attracting young men and they kicked in one of the apartment doors in the back of the complex to engage in coitus. This family has been forcibly evicted because we do not tolerate destruction of property or breaking apartment rules. The owners have been aware of the allegations and numerous assertions. They have tried to conduct a thorough investigation of the plethora of items Ms. [redacted] has complained about. The allegation of sexual harassment was looked into starting the day that it was submitted. Unfortunately, to date Ms. [redacted] has not produced any definitive evidence to back up her claims. Ace Rental Management, along with the owners have looked into the various claims with due diligence and found all but the condition of the unit at move-in to be thus far unsubstantiated. Even though the unit was admittedly not at the level of cleanliness Ace Rental Management would expect, Ms. [redacted] has grossly overstated the facts. As previously stated, Ace rental Management was instructed by the owners to provide Ms. [redacted] with two days of rent free of charge to compensate her for the A/C matter and the condition of the unit. Even though all of these units are brand new on the inside, when they sit for 18 months some dust and a few bugs tend to accumulate on apartment surfaces. This would have typically been addressed by a cleaning contractor, but that person failed to get the unit clean in time and did not report that to the Ace Rental Management office staff. This, we take full responsibility for. I think I at least deserve that after what I've been through. Ace Rental Management has already offered Ms. [redacted] the only remedy that will be offered short of further evidence provided by Ms. [redacted]. That remedy consisted of two days of compensated rent for the unclean apartment and AC unit that needed minor attention due to its long period of dormancy.
Complaint: 11707706
I am rejecting this response because: After the death of [redacted] we (Kensington HOA) was left without a Board . Our By-Laws state in order to comply with the State of Texas Condominium Act and the IRS. Under Chapter 84 & 85 of a Non -Profit HOA There must be at all times a Board Of Managers consisting of a there person Board. There duties are to Govern the HOA. To manage it. Under Article IV Board Of Managers Under Paragraph 1-16 in our By-Laws. Under Article V. in our By-Laws Officers Paragraph 1-7 it is the duty of the 3 person Board to elect a President of our HOA not the other owners . The Owners only elect the Board which was done on 8/28/2015 . After the Board was elected Mr. [redacted] was never elected as the President of our HOA. I have documentation on 6/3/2015 a resignation letter from [redacted] where he resigned as President of our HOA in which he was never appointed By the Board. Pryor to the Board of Managers being elected He ellected himself illegally. A letter was sent out to all owners the results of the tabulation committee the results of the Board of Managers election. A letter was sent to Mr. [redacted] of election results and to turn over all checking accounts and funds he had accumalated and to notify all those who are any way involved with Kensington HOA and notify them to turn over all funds and all documentation concerning the HOA. Such as Ace Management, City of Groves , Republic Services, McNeill Ins. Leasing Ventures, Texas Best Lawn, Entergy, [redacted]. It is not the responsibility Of the Board Of Managers to notify [redacted] affiliates. This was the responsibility of [redacted] to notify you and the other affiliates of the new Board of Managers that where elected to take over the Managing of Kensington HOA. I will be more than willing to go over this information with you. it needs to be done before November 2 2016. After November 2, 2016 our Legal percedings will begin.
Sincerely,
[redacted] President Kensigton HOA
Dear [redacted],I apologize for my delayed response. Thank you for the opportunity to address this complaint.Please see the attached deposit to hold form. This form, which [redacted] signed on March 22, 2016, is standard protocol in our office at Ace Rental Management and its sole...
purpose is to hold a specific property for an approved applicant. Once this form has been signed we stop all advertising of said property and no longer show it to other potential applicants. You will also notice that it says plainly in bold/underlined print that the fee is non-refundable if the applicant does not move in by the date stated on the form. This fee is to be paid out to the owner of the property for the loss of opportunity to rent to someone else because it has been off of the market. The only reason the fee would be refunded to the applicant is in the event our office denies the applicant which did not happen in this instance. Ms. [redacted] was not denied and also stated in her complaint that she backed out.Ms. [redacted] contacted our office back again towards the end of June inquiring about another unit. She wanted to use the previous deposit that she paid to put down on a second unit. She was told that the fee she paid previously had already been paid out to the owner of the property because she backed out. Our Property Manager was willing to move forward to help her acquire another unit; however, because of her history of breaking a deposit to hold agreement in March, she was cautious about going through the process again concerned that Ms. [redacted] would back out again. The Property Manager considered asking for double deposit but trying to be kind hearted then decided to ask for proof of the medical issue instead wanting to confirm that Ms. [redacted] had been true to her word as to why she backed out previously. There was never a question as to her illness only to confirm that Ms. [redacted] was being truthful. Once the Property Manager had been given what appears to be bloodwork, we can provide proof of this document if required, there was still concern because the dates on that paperwork were dated prior to Ms. [redacted] coming into our office and putting the deposit to hold down on March 22nd. At this point our Property Manager did not feel as though she could move forward any further regarding her interest in this second property.Based upon the evidence we have and the facts in this case, we categorically deny the claim that Ms. [redacted] is making against our company. We basically treated her with the same fairness and actions that would do apply to every other approved applicant that asked us to hold a property exclusively and signed the above referenced legally binding deposit to hold agreement. This process is well within the guidelines and common practices utilized within our industry. Respectfully,[redacted]Ace Rental Management, LLC - Owner
Mr. [redacted] nor any of his representatives/associates have ever approached any Ace Rental Management, LLC employee/owner to discuss the least of these issues whether they should be properly called allegations or accusations. It does not seem right or just in any way to contact the Revdex.com or any other organization about these matters without discussing them even once with the people they claim are doing something incorrectly. Until this complaint was filed by Mr. [redacted], Ace Rental Management, LLC had no prior knowledge of the alleged issues of wrong doing he notes in the complaint. Additionally, we have never had any cause to question Mr. [redacted] or his truthfulness and that remains so today unless Mr. [redacted] has documents showing otherwise. If clear evidence can be presented to Ace Rental Management, LLC that shows without dispute, a legitimate organization that is legally responsible for managing the Kensington HOA, then of course we would comply. Until such occurs, we have no choice but to continue conducting our professional business in the manner that we are currently doing. Furthermore, as previously stated, Ace Rental Management, LLC had no dealings with Republic Services regarding the placement of any dumpster on the Kensington property and we never have. Paying a bill for a client like Mr. [redacted] does not constitute Ace Rental Management, LLC being responsible for placement of the dumpster any more than we control the specific items that are thrown into it by people that live in the townhomes. Mr. [redacted] identified with Republic Services where he wanted the dumpster placed and we simply pay the monthly bill when it comes in. This is done in the same way we might pay a client’s insurance premiums but we have nothing to do with any discussions with the insurance company regarding the specifics of the property coverage. These details are handled between our client and the service provider.
Dear Ms. [redacted],We do not have an executed contract within our file for you at the Ace Rental Management office building. We do have an email copy of the document you noted in your response that contains your signature. It has multiple suggested language changes hand written on the contract as you noted. We do not execute contracts with these types of changes so there should have been some further conversation or communication between you and our property manager to work out the details. Do you have an executed copy of a final management contract? If so, we would appreciate the opportunity to review it as you previously noted because we do not have an executed copy.As distinguished in our previous response, it is the executed management contract that triggers a property to be placed on the periodic inspection list. Without an executed contract there is nothing that would activate that process within our office.What causes our finance manager to take management fees in the office is a different mechanism altogether as compared to maintenance being prompted to perform an inspection. The fact that money is coming in and needs to be disbursed to an owner triggers that specific process. In contrast, tenants calling in and reporting issues with a property we manage triggers the maintenance department to consult as needed with the owner and dispatch appropriate vendor(s) to rectify the problem(s).When you emailed me, I contacted our maintenance manager and instructed her to perform an inspection as soon as possible because I assumed we had an executed management contract in place with you for the property in question. The only reason I instructed our maintenance manager to perform an inspection was specifically a result of your request for us to do so. There was no other underlying reason. I am not involved at the office on any kind of regular basis. If something does get by one of our employees and an owner like yourself contacts me directly, my response is to contact my employees and prompt them to take care of their respective jobs which includes follow up with that owner. That was done in this case as in other cases, but in the process of following up with the office employees, it was discovered within a few days that there was no executed contract in place for your property that we could find.In regards to the timing of your checks, they are handled in the same manner as all of our other owners and as long as rent payments come in on time or close to it, all checks are sent out on the same day of the month. This has always been our company practice.As noted previously, unless there is evidence to the contrary, we do not have an executed contract that most specifically in the case of this response is used to trigger a property’s inspection occurrence. I would like for you to understand that your property’s inspections or lack thereof was not some intentional slight against you but was the result of what appears to be an incomplete process of getting an executed management contract in place. No verbal communication should have been allowed to determine, even for the short period of your vacation, how your property was handled by our office. This was the first step in the wrong direction and it is an anomaly that has no precedence within our office. We should have insisted that you come in and sign the management contract before leaving on vacation or given you the responsibility for that property until a clear written agreement was signed by both parties. Why this did not happen is unclear at this point.Based upon the recent inspection that was performed, there were no issues with the condition of your property. This being understood, we recognize that both our office and our owners have shared responsibility to insure that agreements governing the handling of individual properties are in place and agreed. Our desire is to complete an agreement that is executed by both Ace Rental Management and yourself so that we can get on solid footing moving forward and consider this a learning experience for both parties.As stated previously, we would be happy to look at a copy of the executed contract if you have one. If not, our options remain as follows:1. Complete a management contract for the purpose of delineating all expectations both on the part of Ace Rental Management and Ms. [redacted].2. Terminate all services that Ace Rental Management currently provides Ms. [redacted] at the end of the month of her choosing.Sincerely, [redacted]
Complaint: 11707706
I am rejecting this response because:we the Board disagree.We are not accusing and did not say that in our complaint if you go back and read. we did not say or accuse Ace of managing Kensington HOA nor will they ever !!!! manage Kensington HOA. Yet you admit in your reply that you do manage [redacted]' #6,7,8,10. and in receiving those rents is included the HOA fees and you have been doing so . If you would have done your investigation you would have found on August 26 2015 election was held for the election of a Board Of Managers . 7 out of 8 owners voted and elected a Board of Managers. The only individual that did not vote was [redacted] (He does not want a Board) The Board then elected A president [redacted] . You have been miss led. A letter was sent out Notifying [redacted] to turn over all account and check books and to notify all associates , ACe REntal Management , [redacted] , leasing ventures, to turn over all hoa fees and funds to the newly elected Board. As for the litigation in court Before Judge [redacted] the case involved [redacted] trying to sue me for unpayed Hoa Fees to him . Judge [redacted] through out that case because I had paid my Hoa fees to our newly elected Board and not to [redacted] . it was not a case to determine if [redacted] was president . You have again been miss informed from [redacted]. You need to get your facts. Receiving those rents still make you liable for the HOA fees that are apart of thyose rents. As for the dumpster I have in my posetion a bill from Republic Services this one dating back to 4/26/15 which shows a bill made out to [redacted] Place Townhomes (Ace Rental6829 [redacted] ln.(li) PO [redacted] You have no dumpster there nor on the other 3 buildings around 6801 that has a dumpster that you Manage. The dumpster that is own our property is Yours which makes you liable for the damages caused to our parking lot from Republic services. and for pryor funds spent out of our HOA account to do pryor repairs.. get your facts. [redacted] President Kensington HOA
Since there were so many allegations made by Ms. [redacted], we chose to respond to each one in RED below. I am a resident of the Pine Shadow Apartments in Silsbee, Texas. I have asked to speak to the Manager, [redacted], but to no avail. The day I moved in I was told by the apartment maintenance man, [redacted], that he was also one of the complex managers and offered to waive my pet fee. There is no truth to Mr. [redacted] being any part or parcel of Ace Rental Management and he is not even the apartment maintenance man. He is the lawn maintenance man who occasionally does minor maintenance tasks if the Ace Rental Management office staff makes the request. Mr. [redacted] has no authority to waive a pet fee or make any decisions regarding the apartment complex any more than the bag boy at Brookshire Brothers has the authority to give food away for free. He helped me move in all of my belongings, along with my son's go-cart as well as my dog (Ukie). Mr. [redacted] claims that Ms. [redacted] asked him to help her move stuff to the apartment. I paid him $80.00 cash to help me move in. The day I moved in (June 22, 2016), the apartment was filthy with dead bugs all over the floor, in the closets and inside the kitchen cabinets. The floors were covered with saw dust and had not been swept or mopped prior to my arrival. The toilet had black residue that appeared to be mold inside and around the rim, and the air conditioner was broken and not operating. I reported the filthy apartment to [redacted] and she came to view the apartment's condition. She cleaned the toilet and then left the rest to me. A cleaning lady was instructed to clean the apartment before Ms. [redacted] was scheduled to move in and she did not report to the office her inability to do so which resulted in this embarrassing and unusual situation. In contrast to Ms. [redacted]’s account above, when [redacted] was notified of the situation she immediately went to look at the apartment. According to Ms. [redacted], there was some accumulated dust on the floor along with a half dozen dead insects in the apartment. When she saw that the floors were not clean and a few dead insects were scattered about she told Ms. [redacted] that she would clean the apartment if she would give her a few minutes. Ms. [redacted] went and procured some cleaning products and went back to clean the apartment. She cleaned the toilet (which had never been used since it was newly installed but had developed a mildew ring from stagnant water) and swept the floor at which time she needed to procure additional items to mop the floor. Ms. [redacted] told her “don’t worry about it girl” I just want to move my stuff in and pick up my son. According to Ms. [redacted], Ms. [redacted] did not want her to do any additional cleaning even though Ms. [redacted] was willing and able to do so. [redacted] insisted that she would clean the apartment but Ms. [redacted] insisted otherwise. My son and I could not stay the first night in the apartment due to the extreme heat conditions. I stayed as long as I could to clean the apartment, and [redacted] instructed me to call a company out of Kountze to repair the A/C unit. That was definitely not my job! We agree that this is not her job nor is it Mr. [redacted] job to answer these types of questions or give this type of advice although I believe he was trying to be helpful. During the lease signing process ALL tenants are told more than once that all maintenance issues must be reported to and managed through the Ace Rental Management office. It is spelled out specifically in the lease itself. All AC units are brand new but some like this one have been sitting unused in a vacant apartment for up to 1.5 years while Ace Rental Management has been working to lease up the apartment complex. The A/C was repaired the next day. Since day one, I have been sexually harassed by [redacted] the maintenance man. As soon as we were made aware of this allegation, Ms. [redacted] was instructed to get with Ms. [redacted] and see what her story was and to obtain copies of any proof she had. We were sent partial strings of seemingly endless texts between Ms. [redacted] and Mr. [redacted]. It was discovered that she and Mr. [redacted] continually communicated via text which seems strange since her claim of sexual harassment started on the first day. Most of the texts seemed quite mundane and none of it seemed to indicate sexual harassment. Of course we cannot ascertain context of most of these statements and the text strings only appear to be partial in nature. We state again that Mr. [redacted] is not the maintenance man. He has a very limited number of tasks he is able to perform due to his skill set and these tasks are only to be performed by Mr. [redacted] if the tenant calls the request into the office and the Ace Rental Management staff instructs Mr. [redacted] to take care of the matter. This man lives in the apartment complex and is supposed to keep up with the maintaining of the resident's lawns and handle any maintenance problems that may arise. When I asked him to fix things in my apartment or keep the lawn maintained, he made sexual advances toward me. Again, Mr. [redacted] is not authorized to handle maintenance items unless they are called into the office by the tenant and he is asked to do so by Ace Rental Management staff. It is clear that Ms. [redacted] asked Mr. [redacted] to make repairs to her apartment based on the partial string of text messages exchanged between the two. What is not clear is why Ms. [redacted] is asking Mr. [redacted] to do anything directly since she was told, as all tenants are, that all maintenance requests must be reported and handled through the Ace Rental Management office. In regards to the assertion of sexual harassment, we have not been able to ascertain via the emails Ms. [redacted] provided, any statements to validate her allegations. After reading through the emails Ms. [redacted] was instructed to inform Ms. [redacted] once again as to how maintenance items are to be reported to Ace Rental Management and not Mr. [redacted]. We asked her not to text, call of email Mr. [redacted] for any apartment complex related items and Mr. [redacted] was instructed clearly not to respond to any requests by any tenants including Ms. [redacted]. Mr. [redacted] should have known this already and so should Ms. [redacted]. Mr. [redacted] was instructed not to text, call or email Ms. [redacted] any more for any reason. I would constantly turn down his advances, and in return he has neglected my lawn and ignored numerous requests for repairs in my apartment. When her complaint about retaliation regarding her lawn not being cut along with the rest of the complex came into the office, Ms. [redacted] was instructed to check it out which she did either the same day or the very next day. She found no difference between the grass around Ms. [redacted]’s apartment and the others in the same cul-de-sac. The apartment weed eater broke and the owner had to buy a new one to replace it which took a couple of weeks to be coordinated. He since then has reported that I have a dog and a go-cart for my son at my apartment. The dog was not authorized to be there and the go cart was not authorized to be in the apartment complex. If Ms. [redacted] wanted an approved dog in her apartment, she would have been required to put down a pet deposit just like any other tenant. This is always discussed during the application process and on Ms. [redacted]’s application she indicated she had no dog. She claims that Mr. [redacted] gave her permission and waived the deposit. This story does not seem realistic as she should have indicated she had a dog and what breed on her application before she would have even met Mr. [redacted]. Not to indicate the pet on her application was being dishonest and makes a person wonder what she may or may not have talked with Mr. [redacted] about. Additionally, a drive by inspection (occurred on September 5th by the owners) of the outside of Ms. [redacted]’s apartment found that she had a trampoline installed on the lawn immediately adjacent to her apartment. This is not an acceptable apparatus in any apartment complex due to the liability involved. It is one more evidence of Ms. [redacted] acting in a manner that is not in keeping with typical protocol within the apartment complex. Now [redacted], Ace Rental Management representative, is requesting a pet deposit and that I remove the go-cart from the premises, when in fact, [redacted] verbally waived the pet fee claiming to be one of the complex managers on the day of my arrival. It is obvious that Ms. [redacted] was in communication with Ms. [redacted], by her own admission, when she claimed in the first segment of this complaint that she was not able to speak with [redacted]. This is just one more inconsistency in the plethora of issues Ms. [redacted] has raised in this complaint. This is the Ace Rental Management protocol and it is exactly what is expected when a person tries to sneak in an unauthorized pet. As previously stated, Mr. [redacted] does not have any authority to respond to any of the requests Ms. [redacted] made. I called [redacted], owner, on August 18, 2016 around 8:00pm and left a message for him to contact me. He responded with a text message much later that night telling me to speak with Ace Rental Management about any problems or concerns. Mr. [redacted] responded as soon as he got the text message following some extended chores on his farm pertaining to some sick livestock. He does not carry his phone on his person on the farm due to the dirty and often wet nature of his work there. He responded with the following entire text “Mrs. [redacted], I have hired Ace Rental management to manage the apartments in Silsbee for my company. Please direct all of your questions or comments to them. If they need me to get involved, they will ask me to do so. I do know that they have procedures for various tasks they perform from tenant approvals to lease signings to apartment complex rules and expectations. They are expected to follow these as you are expected to abide by the conditions delineated within the lease agreement. I respectfully bid you good night. Aug 17 10:42 PM.” I have text messages and video involving incidents concerning [redacted] and his advances toward me. We have seen no such video or any damning text messages to date. Ms. [redacted], please provide clear evidence that Mr. [redacted] is sexually harassing you and we no longer use him as an independent contractor at the apartment complex. This specific remedy was expressed to [redacted] when she was instructed to talk with you both about this situation and to get any evidence from you showing sexual advances or harassment. No definitive evidence has been produced for the review of Ace Rental Management to date. This needs to be looked into immediately because I pay my rent on time and don't deserve to be treated like this by [redacted] or Ace Rental Management for that matter. I will not be sexually harassed or retaliated against. Ace Rental Management took immediate action to start an investigation of this matter in cooperation with Ms. [redacted], but no clear evidence has yet to be provided. Ace Rental Management is not and never will retaliate, but we do need evidence before terminating a contract workers job functions and that has yet to be provided. [redacted] is a man who claims to be one of the complex managers and is allowed by Ace Rental Management to sexually harass residents and not be held responsible. I would not recommend this apartment complex to any single woman! He is not and never was an employee of Ace Rental Management. Anyone could possibly make this type of claim, however Ms. [redacted], like all other tenants Ace Rental Management places, is instructed multiple times during the lease signing process how maintenance works. No one, without exception, is told to report issues to someone on sight or to a neighbor or a stranger. Just because someone comes to cut my grass or help me move when asked, I do not call them to come unstop my toilet or paint my house or put on a new roof. If we could get some type of evidence that sexual harassment was occurring, Ace Rental Management would swiftly deal with getting rid of Mr. [redacted]. Unless we can get some proof that this was or is actually taking place, we will have to wait until we do get some evidence or at least it is made clear in some way. I would like for Ace Rental Management to contact me via phone or in person to discuss these issues. I would like for repairs to be made in the apartment and the lawn maintained and the sexual harassment/retaliation to stop. Well, after being told by [redacted] from Ace rental that they would compensate me two days rent and [redacted] would be gone, I returned home on 8/23/16 to a letter from Ace Rental, stating that [redacted] is contracted out and basically it's not their problem! Ms. [redacted] was never told that Mr. [redacted] would be “gone”, she was told to get copies of any evidence and it would be reviewed. If the evidence showed that Mr. [redacted] was involved in sexual harassment, then of course his work within the complex would be terminated. This is a gross mischaracterization of the official letter from Ace Rental Management and the communication provided by Ms. [redacted]. The letter was sent to inform Ms. [redacted], yet again, how maintenance works in the apartment complex. Ms. [redacted] was told to get any evidence Ms. [redacted] had regarding her allegations and to let Ms. [redacted] know that if evidence existed proving Mr. [redacted] was sexually harassing her he would be discharged of his contractual duties. So when I texted [redacted], like I always do, I was told not to text or call again, to call the office. When I called the office no one responded, because obviously [redacted] is over the Silsbee complex. Ms. [redacted] has made a repeated habit of contacting people directly which is contrary to expected and accepted protocol. She has done this with Mr. [redacted], Ms. [redacted] and various vendors associated with Ace Rental Management including Perfect Air and Mr. David Girouard (maintenance contractor). Ace Rental Management employees are not to make a habit of using their personal cell phones for work purposes. This is done on rare occasions and should be avoided in all instances where possible. Everyone within the Ace Rental Management offices has a responsibility to handle their respective areas of expertise. Ms. [redacted] is just one person that handles tenant related issues for the apartment complex. Others are capable of doing the same thing. Ms. [redacted] does not handle maintenance. Ace Rental Management has a department for that and all tenants are instructed multiple times during the lease signing process how this works and they are provided the contact number for the office. So, since I feel unsafe with the break ins and having the maintence man having a key to my place, I'm asking for the money I had to spend moving in and having utilities turned on plus moving fees, this just isn't a very safe place for single moms. I sent the Owners wife a text on 8/23/16 asking for my money back on cost I have had to incurr to move here with no response yet. There were no “break-ins” per say. There were a couple of teenage girls that lived in an apartment at the front of the complex that were attracting young men and they kicked in one of the apartment doors in the back of the complex to engage in coitus. This family has been forcibly evicted because we do not tolerate destruction of property or breaking apartment rules. The owners have been aware of the allegations and numerous assertions. They have tried to conduct a thorough investigation of the plethora of items Ms. [redacted] has complained about. The allegation of sexual harassment was looked into starting the day that it was submitted. Unfortunately, to date Ms. [redacted] has not produced any definitive evidence to back up her claims. Ace Rental Management, along with the owners have looked into the various claims with due diligence and found all but the condition of the unit at move-in to be thus far unsubstantiated. Even though the unit was admittedly not at the level of cleanliness Ace Rental Management would expect, Ms. [redacted] has grossly overstated the facts. As previously stated, Ace rental Management was instructed by the owners to provide Ms. [redacted] with two days of rent free of charge to compensate her for the A/C matter and the condition of the unit. Even though all of these units are brand new on the inside, when they sit for 18 months some dust and a few bugs tend to accumulate on apartment surfaces. This would have typically been addressed by a cleaning contractor, but that person failed to get the unit clean in time and did not report that to the Ace Rental Management office staff. This, we take full responsibility for. I think I at least deserve that after what I've been through. Ace Rental Management has already offered Ms. [redacted] the only remedy that will be offered short of further evidence provided by Ms. [redacted]. That remedy consisted of two days of compensated rent for the unclean apartment and AC unit that needed minor attention due to its long period of dormancy.
Complaint: 11707706
I am rejecting this response because: After the death of [redacted] we (Kensington HOA) was left without a Board . Our By-Laws state in order to comply with the State of Texas Condominium Act and the IRS. Under Chapter 84 & 85 of a Non -Profit HOA There must be at all times a Board Of Managers consisting of a there person Board. There duties are to Govern the HOA. To manage it. Under Article IV Board Of Managers Under Paragraph 1-16 in our By-Laws. Under Article V. in our By-Laws Officers Paragraph 1-7 it is the duty of the 3 person Board to elect a President of our HOA not the other owners . The Owners only elect the Board which was done on 8/28/2015 . After the Board was elected Mr. [redacted] was never elected as the President of our HOA. I have documentation on 6/3/2015 a resignation letter from [redacted] where he resigned as President of our HOA in which he was never appointed By the Board. Pryor to the Board of Managers being elected He ellected himself illegally. A letter was sent out to all owners the results of the tabulation committee the results of the Board of Managers election. A letter was sent to Mr. [redacted] of election results and to turn over all checking accounts and funds he had accumalated and to notify all those who are any way involved with Kensington HOA and notify them to turn over all funds and all documentation concerning the HOA. Such as Ace Management, City of Groves , Republic Services, McNeill Ins. Leasing Ventures, Texas Best Lawn, Entergy, [redacted]. It is not the responsibility Of the Board Of Managers to notify [redacted] affiliates. This was the responsibility of [redacted] to notify you and the other affiliates of the new Board of Managers that where elected to take over the Managing of Kensington HOA. I will be more than willing to go over this information with you. it needs to be done before November 2 2016. After November 2, 2016 our Legal percedings will begin.
Sincerely,
[redacted] President Kensigton HOA
Dear [redacted],I apologize for my delayed response. Thank you for the opportunity to address this complaint.Please see the attached deposit to hold form. This form, which [redacted] signed on March 22, 2016, is standard protocol in our office at Ace Rental Management and its sole...
purpose is to hold a specific property for an approved applicant. Once this form has been signed we stop all advertising of said property and no longer show it to other potential applicants. You will also notice that it says plainly in bold/underlined print that the fee is non-refundable if the applicant does not move in by the date stated on the form. This fee is to be paid out to the owner of the property for the loss of opportunity to rent to someone else because it has been off of the market. The only reason the fee would be refunded to the applicant is in the event our office denies the applicant which did not happen in this instance. Ms. [redacted] was not denied and also stated in her complaint that she backed out.Ms. [redacted] contacted our office back again towards the end of June inquiring about another unit. She wanted to use the previous deposit that she paid to put down on a second unit. She was told that the fee she paid previously had already been paid out to the owner of the property because she backed out. Our Property Manager was willing to move forward to help her acquire another unit; however, because of her history of breaking a deposit to hold agreement in March, she was cautious about going through the process again concerned that Ms. [redacted] would back out again. The Property Manager considered asking for double deposit but trying to be kind hearted then decided to ask for proof of the medical issue instead wanting to confirm that Ms. [redacted] had been true to her word as to why she backed out previously. There was never a question as to her illness only to confirm that Ms. [redacted] was being truthful. Once the Property Manager had been given what appears to be bloodwork, we can provide proof of this document if required, there was still concern because the dates on that paperwork were dated prior to Ms. [redacted] coming into our office and putting the deposit to hold down on March 22nd. At this point our Property Manager did not feel as though she could move forward any further regarding her interest in this second property.Based upon the evidence we have and the facts in this case, we categorically deny the claim that Ms. [redacted] is making against our company. We basically treated her with the same fairness and actions that would do apply to every other approved applicant that asked us to hold a property exclusively and signed the above referenced legally binding deposit to hold agreement. This process is well within the guidelines and common practices utilized within our industry. Respectfully,[redacted]Ace Rental Management, LLC - Owner
Mr. [redacted] nor any of his representatives/associates have ever approached any Ace Rental Management, LLC employee/owner to discuss the least of these issues whether they should be properly called allegations or accusations. It does not seem right or just in any way to contact the Revdex.com or any other organization about these matters without discussing them even once with the people they claim are doing something incorrectly. Until this complaint was filed by Mr. [redacted], Ace Rental Management, LLC had no prior knowledge of the alleged issues of wrong doing he notes in the complaint. Additionally, we have never had any cause to question Mr. [redacted] or his truthfulness and that remains so today unless Mr. [redacted] has documents showing otherwise. If clear evidence can be presented to Ace Rental Management, LLC that shows without dispute, a legitimate organization that is legally responsible for managing the Kensington HOA, then of course we would comply. Until such occurs, we have no choice but to continue conducting our professional business in the manner that we are currently doing. Furthermore, as previously stated, Ace Rental Management, LLC had no dealings with Republic Services regarding the placement of any dumpster on the Kensington property and we never have. Paying a bill for a client like Mr. [redacted] does not constitute Ace Rental Management, LLC being responsible for placement of the dumpster any more than we control the specific items that are thrown into it by people that live in the townhomes. Mr. [redacted] identified with Republic Services where he wanted the dumpster placed and we simply pay the monthly bill when it comes in. This is done in the same way we might pay a client’s insurance premiums but we have nothing to do with any discussions with the insurance company regarding the specifics of the property coverage. These details are handled between our client and the service provider.