Action Property Management Inc

We have advised the homeowner that the only information they should rely on is that from the collection attorney they have been sending their payments to Once a homeowners account is referred to the Association's collection attorney, we no longer have current information due to collection and legal fees added to the account by the attorney If a homeowner calls our office, they are referred to the attorney's office to discuss their account Regarding the ACH, we do not retain checking account information or copies of past checks As stated previously, we have information showing when the homeowner signed up for ACH online and when they cancelled it There is no refund due to the homeowner of the amount allegedly deducted through ACH as the amount was not withdrawn due to insufficient funds; the homeowner even referenced a NSF charge of $that they are disputing, therefore the homeowner must know that the ACH debit never went through We can only suggest that the homeowner continue working with the collection attorney and again request that if the homeowner has documentation of payments made but not recorded, that they provide them to the collection attorney

1) Water leak issue - The first vendor sent out by the Board of the Association advised that the leak was coming from the window, not the roof; Action has no expertise in leaks and relies on the contractors chosen by the Association Board In June 2014, the Association Board authorized
Action to send another contractor to inspect A proposal was received by Action, but since Action has no authority to approve bids or expenditure of Association funds, it had to be presented to the Association Board Association Board approved bid in August but contingent upon homeowner confirming window leak was repaired; homeowner refused, therefore, since that was the Association Board's decision, it had to go back to the Association Board in October for their decision October Association Board meeting was cancelled due to lack of legally required quorum and was not held until December At that meeting, Association Board authorized another contractor to inspect the roof and present their findings and a bid for repair at the February Association meeting The Association Board approved the bid at their February meeting and the repair was scheduled During the repair, the homeowner would not be able to live in the unit for 4-days Action advised the homeowner of this and the homeowner asked for compensation for temporary housing, and after the Manager checked with legal counsel, the homeowner's request for compensation for temporary housing was denied The repairs were completed in mid-March and tested with no leaks Action relied on the contractor's advice and does not make determinations as to the cause of leaks Action does not have authority to approve bids and/or spend Association funds; that can only be done by the volunteer homeowner Association Board Members and their meeting schedule is every other month.2) Maintenance of Community Website and Portal - This had fallen behind however all meeting information and documents are available to any homeowner upon request This information is now updated.3) Maintenance of Community Documentation - All documentation of the Association is current and maintained by Action If there is a delay in getting the documents posted, we will address, however all of the documentation is current and is available to any homeowner upon request

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
The business did not answer my complaintI have provided them with emails that stated I have never missed a payment, so for them to claim after the account is paid off that I missed payments over the years they need to provide me proof of when I was notified of missing a paymentI received several letters that stated I was late on a payment, but never any letters that stated I missed a paymentAlso I received a letter with dated April 1, that shows a balance of $1230.55, a Resident Transaction Report dated 3/1/that shows a balance of $2155.05, and the HOA Homeowners portal that shows a balance of $I have been unable to get a straight answer on the correct balance they claim I still owe on this accountAlso, I never signed up for Automatic paymentMy checking account information was already in the system from years ago because I used to pay through the Homeowner's portal prior to making payments to the attorneyI have paid the attorney directly for the past monthsI want to be compensated for the illegal debit that was billed to my account for $The transaction was illegal and not authorized.
Regards,
*** ***

1) We understand the homeowner's frustration Action only acts at the direction of the Association Board of Directors If the first vendor's opinion was to be rejected and a second opinion sought, it would have to be at the direction of the Association Board The Association Board approved the proposal of the second vendor at their August Board Meeting, with specific conditions, that the homeowner did not agree with, therefore the repair did not move forward at that time 2) The website is currently up to date.3) All approved minutes are now available on the *** *** Portal.We have tried to contact the homeowner - via telephone then email - to discuss his concerns and to determine what, at this point, would satisfy the homeowner He has not responded to this attempt at communication Obviously we cannot go back and change what occurred with the leak; we have corrected the delays in updating the website and the minutes that are available to the homeowner The homeowner has not asked for anything specific yet has rejected our response

Our staff has continued to respond to this homeowner regarding the assessment issue in an attempt to assist with the information being requested We have provided all ledgers of payments received and asked the homeowner to provide proof of payment for those showing unpaid Unfortunately
we cannot provide proof that something wasn't done, the owner has to provide the proof that the payment was made We have presented the owner's request to the Board on several occasions and the Board is not willing to meet with the owner unless they are willing to provide proof of payments that are showing missing Neither the Association nor Action Property Management can address the details of the legal fees assessed to the account for collections; this must be addressed directly with the Association's collection attorney Further, we cannot post payments to the owners account that we have no proof of receiving.Action did not illegally deduct funds from the owner's account Homeowners have the ability to sign up for ACH (automatic debit) for assessments on our Homeowner Portal/Website Our records include details of the date and time ACH was authorized on March 7, (the owner has to enter all of their bank account information and agree to the terms), as well as the email address that was used to sign into the Portal to do so We can also provide the same information on when the owner went back into the portal and cancelled the ACH arrangements on April 8, We will provide this information to the homeowner directly Action Property Management is the agent for the HOA and collects assessments imposed by the HOA as well as any late charges, interest and collection charges as outlined in the Collection Policy which is mailed to all owners annually

Dear Ms. **,
 
On November 3, 2014, I received 2 letters from your office – one dated October 15, 2014 and one dated October 29, 2014 indicating that we had not responded to the initial complaint.   This is very disturbing as we diligently research and reply to every complaint...

that we receive.   Not being given the opportunity to respond in a timely manner and address a complaint of our customer is certainly not appropriate nor fair to Action Property Management. 
 
To reply to the complaint, I offer the following:
 
·         10/5/2014 (Sunday) – Mr. [redacted] sends an email to Action expressing concerns regarding a late fee assessed to his account and his neighbor’s barking dog
·         10/9/2014 (Thursday) – Ms. [redacted] of Action sends a reply to Mr. [redacted] advising that his concerns are being researched
·         10/14/2014 (Tuesday) – Ms. [redacted] of Action sends a reply to Mr. [redacted] outlining the following responses:
·         That Mr. [redacted] had indeed spoken to a representative ([redacted]) in our office who explained why the late fee was assessed
·         That Mr. [redacted] and another representative ([redacted]) traded voice mail messages regarding the late fee, with Ms. [redacted] leaving a detailed explanation of the reason for the late fee
·         That notification of the assessment increase was mailed to all homeowners, as well as new coupon books for submitting payments of the new amount as of June 1, 2014 but that she would reverse the $10 late fee and that it may take up to 30 days for the reversal to appear on his account
·         That Ms. [redacted] explained that it is the policy of the Board of Directors of the Cottonwood HOA that 2 different complaints are required before a letter can be sent regarding barking dogs; Mr. [redacted] does not agree with the board’s policy so Ms. [redacted] suggested that he attend a board meeting and address this directly and in person with the board of directors of his HOA
·         10/17/2014 (Friday) – In response to Mr. [redacted]’s reply to the 10/14 email, Ms. [redacted] apologized for any miscommunication from our office
·         10/17/2014 – (Friday) – Mr. [redacted] replied that he did not feel he was getting direct responses to his questions and asked for ‘someone else higher up the chain’; Ms. [redacted] replied and provided the name of her supervisor
·         10/29/2014 (Monday) – The late fee on Mr. [redacted]’s account was reversed
·         11/5/2014 (Wednesday) – Upon receipt and first and only notification of the complaint, I investigated, reviewed his account and all communications and tried to reach Mr. [redacted] by telephone; this was not successful, therefore I sent him an email (see attached)
 
Again, I wish to express my concern for how this will affect our Revdex.com grade since I was not able to reply to the first notification within the 14 day time period.
 
I will try to call to discuss this with you at a later date.
 
[redacted]

Staff of Action Property Management has been in regular communication with Mr. [redacted] from March 2, 2015 through today via email and telephone conversations.   Attached is a chronology of all of the communication with Mr. [redacted].   Mr. [redacted] does not agree with the Association's observation...

that his wood trim is in need of paint and is not properly maintained.  This is not a decision of Action Property Management, but of the Committee made up of homeowners of Mr. [redacted]'s community.  Mr. [redacted] was invited to meet with this committee to discuss in person what was needed and he did not take advantage of that opportunity.   Mr. [redacted] was invited to 2 hearings before this committee to address and discuss this matter, and he did not attend either.   Mr. [redacted] has been sent a copy of the Association's Enforcement Policy as well and Action staff has made two additional inspections of his home - at his request - with the same findings.If Mr. [redacted] believes that he is being treated unfairly and wishes to argue that his home is being properly maintained and he is not in violation, he needs to do so with the committee of homeowners.  Action Property Management does not have that authority.   While Action staff did make the initial observation of the needed maintenance, which is consistent with how all other homes in the community are addressed, the committee of homeowners has viewed the pictures and affirms that a violation does exist.We would encourage Mr. [redacted] to attend a meeting to discuss the situation with these individuals directly.All of the people that Mr. [redacted] identified - [redacted], and [redacted] - have been in regular communication with him and have responded to each request, as evidenced by the attached chronology.

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.
1)  Water leak issue - The first vendor sent out by the Board of the Association advised that the leak was coming from the window, not the roof; Action has no expertise in leaks and relies on the contractors chosen by the Association Board.  In June 2014, the Association Board authorized Action to send another contractor to inspect.    A proposal was received by Action, but since Action has no authority to approve bids or expenditure of Association funds, it had to be presented to the Association Board.  Association Board approved bid in August 2014 but contingent upon homeowner confirming window leak was repaired; homeowner refused, therefore, since that was the Association Board's decision, it had to go back to the Association Board in October for their decision.   ..........Action relied on the contractor's advice and does not make determinations as to the cause of leaks.   Action does not have authority to approve bids and/or spend Association funds; that can only be done by the volunteer homeowner Association Board Members and their meeting schedule is every other month.Response:  Failure to provide logical explanation and reasoning in the forced closure of roof water leak work order causing excessive delay in urgent matter.  Both Action Property Management and the first vendor were unable to provide any logical explanation to the water mark, which only appear after rain and logical evidence of roof leak, directly beneath roof overhang and above window as provided in picture before.  Despite the lack of logical explanation and numerous communications from the homeowner requesting further investigation and/or logical explanation, Action Property Management still firmly insisted on the closure of work order based on first vendor's report without doubting by the common sense of gravity and the lack of tornado type upward wind in California as suggested by the first vendor's questionable explanation to the water mark directly beneath roof overhang and above the window.  Again, a year later, the water leak has been concluded and proven to be a roof water leak and has absolutely nothing to do with the window as claimed by the first vendor and Action Property Management.The acceptance of contractor's advice without basic validation/examination by common sense of gravity combined with lack of willingness to investigate attitude has been proven to provide nothing other than false assessment and assumption which subsequently lead to the year long delay in a roof water leak issue.  The lack of expertise should not be an excuse for the lack of common sense , care, and ownership/accountability of issue not to mention the irrational logic was questioned by the homeowner yet disregarded by Action Property Management. Should Action Property Management took ownership and performed logical investigation and resolve the roof water leak from the first place, this issue would never have been deferred and further delayed by the association board.2)   Maintenance of Community Website and Portal - This had fallen behind however all meeting information and documents are available to any homeowner upon request.  This information is now updated.Response:  To provide transparency to all homeowners and utilize what communication website/portal is there for, please pose rather than upon request3)   Maintenance of Community Documentation - All documentation of the Association is current and maintained by Action.   If there is a delay in getting the documents posted, we will address, however all of the documentation is current and is available to any homeowner upon requestResponse:  Per Action Property Management and Association Board, meeting minutes are available (1) meeting afterward.  As of today, the latest board meeting minutes available on the community website/portal dates back to 6/18/2014.  Yet, approximately (4) board meetings have already held since then on: 08/2014, 12/2014, 02/2015, 04/2015.  Where are the board meeting minutes for at least 08/2014, 12/2014, 02/2015?  Also, to provide transparency to all homeowners and utilize what the communication website/portal is there for, please post rather than upon request.
Regards,
[redacted]

Please find below a chronology of the event leading up the billing of $671.89 to the homeowner.   [redacted] bills homeowners on behalf of the Board of Directors of the association and the funds go into the Association's bank account (not Action's)2/23/15  HOA Board of...

Directors approved
termination of water utility agreement with Multi Family.
3/15/15  Final water invoices
issued to homeowners from Multi Family.
4/1/15  Homeowners are notified
that the association terminated the contract with Multi Family for water
utility billing and that Multi Family will be collecting final payments. 
Water billing will be put on homeowners' monthly assessment statement.
10/30/15:  Letter to the homeowner stating there is an outstanding water bill and to pay the association.
11/8/15  Homeowner notifies us
that the billing is believed to be in error as a result of a faulty water
meter.  Multi Family stated in August 2014 the meter tested to be
functioning properly. That was done at the time the owner began questioning
water charges with Multi Family.
1/8/2016  Outstanding
amount not paid to Multi Family added to owner’s assessment account.
2/29/16 HOA Board of Directors reviewed owner’s
request for waiver of water fees in the amount $671.89 and denied the request.
  Board’s position is that this is a matter between the billing
company and the owner.  Owner should get proof of erroneous meter read
from the billing company as there is no evidence that the meter was reading
incorrectly.
3/3/16 Notification issued to
owner that the request for water charge rescission was declined.  Homeowner was offered the opportunity to meet with the Board of Directors in Executive Session meeting to discuss or appeal their decision.Action made no unauthorized charges or withdrawals from this homeowner's bank account.   The only way we would debit the owner's account is if they had signed up for ACH (automatic debit); by doing so, they authorize the debit of any amount due on their assessment account.  If the Board of Directors reverses their decision, the amount will be credited to the homeowner's account or refunded with a check from the HOA, whichever the homeowner prefers.  Action has no decision making authority to refund the money to the homeowner.