Alpha Community Management

My law firm has been retained by Alpha Community Management ("Alpha") to represent its interest in the above-referenced matterAs you may be aware, Alpha is the Community Management Company for [redacted] ***("Association")For reasons set forth below, Ms [redacted] seeks her remedy against the wrong partyHer remedy does not lie with Alpha.When Ms [redacted] title company requested a disclosure statement and condomium certification, Alpha disclosed that the account had an unpaid balance for $with an accompanying ledger showing that that amount represented unpaid finesNeither Alpha, nor the Association, represented that the fines were ever secured by a lien on Ms [redacted] propertyIn fact, it was Ms [redacted] title company that prepared the HUD statement, not Alpha or any other representative of the AssociationA plain reading of the condominium certification shows that the $is the quarterly assessment and was listed as information for the buyer; it does not show that the $comprised any part of the $in fines The condominium certification is attached for your convenience.Alpha did not have the authority to waive the $in finesOnly the Board of Directors of the Association ("Board") had the authority to waive the fines pursuant to the [redacted] ***, [redacted] , which states: "After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association." (Emphasis added.) Only the Board of the Association had the authority to waive the finesThe Board determined that Ms [redacted] was in violation of the community documents of the Association and had the power to collect the fines after Ms [redacted] presented her case to the BoardFinally, Alpha collected the fine money on behalf of the Association from Ms***Because those funds belong to the Association, it is the Association who must make the ultimate decision whether to refund Ms [redacted] her moneyMs [redacted] does not have a legal claim against Alpha under the legal doctrine respondeat superior.If you have any other questions or concerns, please do no hesitate to contact me

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.Initially, I am glad some progress is being made On December 23, 2014, Ms*** *** *** refused to provide a breakdown of the $figure appearing on the HUD in relation to the property transfer Ms*** response, dated January 6, 2014, clarifies that $of the $relates to unpaid assessments I have never late-paid an assessment in the 10+ years I owned the property In fact, in recent years, I prepaid assessments months at a time Attached is a copy of my pre-payment of assessents for Qand Qin the amount of $180, dated June 25, and cashed by Alpha Community Management on June 30, Based on this proof of payment, I would expect to receive a $refund prior to the resolution of the remaining issue.Second, I realize there are disputed fines on my account (i.e., the HOA believes the fines are valid and I believe the fines are invalid) Neither view is at issue What is at issue is that no judgment has been obtained from an unbiased tribunal in relation to the fines and no lien has been placed against the property, as required in order for the $to legally appear on my HUD and in order for the management company to legally prevent the sale of my property absent this amount being paid Ms*** January 6, letter also clarifies that there were no filed or recorded liens against the property If the HOA/management company would like to obtain a judgment or a lien, they are welcome to try to do so, and we can discuss the validity of the fines with a judge This is the legal process that is required before these amounts can be forcefully taken Prior to obtaining a judgment and lien, however, the HOA and management company cannot interefere with the transfer of property by requiring the payment of amounts that are unsupported by a lien or judgment That is simply the law. Finally, the fact that the fines were assessed months or years ago does not change the fact that I called the HOA over a month before my property closed in order to request a full breakdown of all amounts that would appear on my HUD in order for the closing to occurThe fines were never mentioned After Alpha Community Management reviewed my account, I was infomred that only the $transfer fees would appear On the eve of the property close, the fines were added to the HUD. I continue to request a refund of the improperly charged $and for these improper business practices to cease.Regards,*** ***

My law firm has been retained by Alpha Community Management ("Alpha") to represent its interest in the above-referenced matter. As you may be aware, Alpha is the Community Management Company for [redacted]. ("Association"). For reasons set forth below, Ms. [redacted] seeks her remedy against the wrong party. Her remedy does not lie with Alpha.When Ms. [redacted] title company requested a disclosure statement and condomium certification, Alpha disclosed that the account had an unpaid balance for $325.00 with an accompanying ledger showing that that amount represented unpaid fines. Neither Alpha, nor the Association, represented that the fines were ever secured by a lien on Ms. [redacted] property. In fact, it was Ms. [redacted] title company that prepared the HUD statement, not Alpha or any other representative of the Association. A plain reading of the condominium certification shows that the $90.00 is the quarterly assessment and was listed as information for the buyer; it does not show that the $90.00 comprised any part of the $325.00 in fines.  The condominium certification is attached for your convenience.Alpha did not have the authority to waive the $325.00 in fines. Only the Board of Directors of  the Association ("Board") had the authority to waive the fines pursuant to the [redacted], which states: "After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association." (Emphasis added.) Only the Board of the Association had the authority to waive the fines. The Board determined that Ms. [redacted] was in violation of the community documents of the Association and had the power to collect the fines after Ms. [redacted] presented her case to the Board. Finally, Alpha collected the fine money on behalf of the Association from Ms. [redacted]. Because those funds belong to the Association, it is the Association who must make the ultimate decision whether to refund Ms. [redacted] her money. Ms. [redacted] does not have a legal claim against Alpha under the legal doctrine respondeat superior.If you have any other questions or concerns, please do no hesitate to contact me.

We have researched Ms. [redacted] complaint of adding fines to her account on the eve of her escrow closing and offer the following information:Attached is a copy of Ms. [redacted] ledger showing the dates the violation fines were added to the account: April 14, 2013, June 26, 2013, May 29, 2014 and...

June 03, 2014 and no fines for violations were added after June 3, 2014.Mr. [redacted] was sent violation letters notifying her each time the compliance officer noticed a violation.In addition, Ms. [redacted] requested and was granted time at two different Board of Directors meetings asking that the fines be waived. In each meeting, the board of directors denied her request; copies of the denials are attached.The funds requested at the close of escrow for benefit of Carlene [redacted] included the outstanding fines for the violations AND the payment of the 4th Quarter Assessments of $90.00, which were due and payable by her on October 1, 2014.Attached are copies of correspondence with Ms. [redacted] from our office, the Parke Place Board of Directors and the former management company for your review. As you can tell, this property has been plagued with violations, tenant problems, late payments of assessments and fines since 2009.We have not added any contested fines nor has the association filed or recorded any liens against this property, now or in the past.We have also enclosed copies of the [redacted] in which Ms. [redacted] site our violations, none of which have been violated OR apply to her complaint.In the event you require any further information, additional copies of correspondence from our files, photographs or clarity of statements, please feel free to contact us at your convenience,

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.Initially, I am glad some progress is being made.  On December 23, 2014, Ms. [redacted] refused to provide a breakdown of the $325 figure appearing on the HUD in  relation to the property transfer.  Ms. [redacted] response, dated January 6, 2014, clarifies that $90 of the $325 relates to unpaid assessments.  I have never late-paid an assessment in the 10+ years I owned the property.  In fact, in recent years, I prepaid assessments 6 months at a time.  Attached is a copy of my pre-payment of assessents for Q3 and Q4 2014 in the amount of $180, dated June 25, 2014 and cashed by Alpha Community Management on June 30, 2014.  Based on this proof of payment, I would expect to receive a $90 refund prior to the resolution of the remaining issue.Second, I realize there are disputed fines on my account (i.e., the HOA believes the fines are valid and I believe the fines are invalid).  Neither view is at issue.  What is at issue is that no judgment has been obtained from an unbiased tribunal in relation to the fines and no lien has been placed against the property, as required in order for the $325 to legally appear on my HUD and in order for the management company to legally prevent the sale of my property absent this amount being paid.  Ms. [redacted] January 6, 2014 letter also clarifies that there were no filed or recorded liens against the property.  If the HOA/management company would like to obtain a judgment or a lien, they are welcome to try to do so, and we can discuss the validity of the fines with a judge.  This is the legal process that is required before these amounts can be forcefully taken.  Prior to obtaining a judgment and lien, however, the HOA and management company cannot interefere with the transfer of property by requiring the payment of amounts that are unsupported by a lien or judgment.  That is simply the law. Finally, the fact that the fines were assessed months or years ago does not change the fact that I called the HOA over a month before my property closed in order to request a full breakdown of all amounts that would appear on my HUD in order for the closing to occur. The fines were never mentioned.  After Alpha Community Management reviewed my account, I was infomred that only the $400 transfer fees would appear.  On the eve of the property close, the fines were added to the HUD. I continue to request a refund of the improperly charged $325 and for these improper business practices to cease.Regards,[redacted]

We have researched Ms. [redacted] complaint of adding fines to her account on the eve of her escrow closing and offer the following information:Attached is a copy of Ms. [redacted] ledger showing the dates the violation fines were added to the account: April 14, 2013, June 26, 2013, May 29, 2014...

and June 03, 2014 and no fines for violations were added after June 3, 2014.Mr. [redacted] was sent violation letters notifying her each time the compliance officer noticed a violation.In addition, Ms. [redacted] requested and was granted time at two different Board of Directors meetings asking that the fines be waived. In each meeting, the board of directors denied her request; copies of the denials are attached.The funds requested at the close of escrow for benefit of Carlene [redacted] included the outstanding fines for the violations AND the payment of the 4th Quarter Assessments of $90.00, which were due and payable by her on October 1, 2014.Attached are copies of correspondence with Ms. [redacted] from our office, the Parke Place Board of Directors and the former management company for your review. As you can tell, this property has been plagued with violations, tenant problems, late payments of assessments and fines since 2009.We have not added any contested fines nor has the association filed or recorded any liens against this property, now or in the past.We have also enclosed copies of the [redacted] in which Ms. [redacted] site our violations, none of which have been violated OR apply to her complaint.In the event you require any further information, additional copies of correspondence from our files, photographs or clarity of statements, please feel free to contact us at your convenience,

My law firm has been retained by Alpha Community Management ("Alpha") to represent its interest in the above-referenced matter. As you may be aware, Alpha is the Community Management Company for [redacted]. ("Association"). For reasons set forth below, Ms. [redacted] seeks her remedy against the wrong party. Her remedy does not lie with Alpha.When Ms. [redacted] title company requested a disclosure statement and condomium certification, Alpha disclosed that the account had an unpaid balance for $325.00 with an accompanying ledger showing that that amount represented unpaid fines. Neither Alpha, nor the Association, represented that the fines were ever secured by a lien on Ms. [redacted] property. In fact, it was Ms. [redacted] title company that prepared the HUD statement, not Alpha or any other representative of the Association. A plain reading of the condominium certification shows that the $90.00 is the quarterly assessment and was listed as information for the buyer; it does not show that the $90.00 comprised any part of the $325.00 in fines.  The condominium certification is attached for your convenience.Alpha did not have the authority to waive the $325.00 in fines. Only the Board of Directors of  the Association ("Board") had the authority to waive the fines pursuant to the [redacted], [redacted], which states: "After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association." (Emphasis added.) Only the Board of the Association had the authority to waive the fines. The Board determined that Ms. [redacted] was in violation of the community documents of the Association and had the power to collect the fines after Ms. [redacted] presented her case to the Board.
 
Finally, Alpha collected the fine money on behalf of the Association from Ms. [redacted]. Because those funds belong to the Association, it is the Association who must make the ultimate decision whether to refund Ms. [redacted] her money. Ms. [redacted] does not have a legal claim against Alpha under the legal doctrine respondeat superior.
If you have any other questions or concerns, please do no hesitate to contact me.

Never had any issues with the last company. Seen ALPHA Community Management took over I had so manny problems. Can't resolved anything with them. Most of my neighbors move out of the community due to theirs incompetent lead to harassment like services. I am in the process of trying to move out of this community so I can get away from them. Please be advise. They do nothing to values the community only good at chasing good neighbors and bring in rental.

As most companies grow their level of original customer service is diluted albeit still good...At Alpha they have NEVER compromised their impeccable customer service. You can still get an owner on the phone if needed. The manager assigned to our community was a real gem...she was smart and most importantly honest. I still have the highest regard for Tina. Alpha is, in my opinion, the best management company because they actually care...about their boards and their customers. I highly recommend them for your community. They have the highest standards and will make your association members love how them for how they take care of them.

This is the worst HOA management company I've ever experienced. Their fees to sell your property are outrageous and double anyone else. They absolutely dropped the ball on sending out their quarterly statements. Worse yet when they assess fees against a homeowner and that homeowner request documents or proof of the fees they fail to provide you anything after repeated request. I would not use them and if I would encourage any HOA board to not contract with them. Horrible, absolutely horrible.

ALPHA Community Management acted in violation of Arizona Revised Statutes Planned Communities provisions (ARS Section 33-1801, et. seq.), specifically including ARS 33-1806, by requiring the payment of contested fines before permitting a planned community property to be transferred in a sale. No judgment or lien exists against the property in relation to the contested fines and ALPHA informed me a month before the property sale that the total amount charged for transfer would be the $400 transfer fees. On the eve of close, ALPHA added the contested fines to the amount due prior to permitting the property transfer. This action is in violation of ARS 33-1806. When the issue was brought to their attention, ALPHA refused to remedy or acknowledge the issue. This is true despite ARS Section 33-1806.D and E specifically addressing a management company's responsibility (and liability) under the statute.

I have never received such rude customer service in my life. I have called for the past couple of weeks and have not received a response in regards to my multiple voicemails. I finally got a hold of [redacted]. who was completely rude to me for no reason. The first thing she says is "I already told you since you are not a property owner I can't help you." I told her I have never spoken to her and I am the property owner. I stated she may have me confused for someone else. Then I stated I needed the rules and regulations for my property. Then she talked down to me and proceeded to yell at me. Then I told her "I am sorry if you are having a bad day but you do not need to take it out on me." She continued to raise her voice so I hung up. This is a poor representation of your company. No matter what kind of day you are having you do not need to take it out on the property owners.

Review: ALPHA Community Management acted in violation of [redacted] provisions ([redacted], et. seq.), by requiring the payment of contested fines before permitting a home to be transferred in a sale. No judgment or lien existed against the property in relation to the contested fines and ALPHA informed me a month prior to the property sale that the total amount charged for the transfer of the property would be the $400 transfer fees. On the eve of close, ALPHA added the contested fines and refused to permit the property transfer unless the contested fines were paid. This action is in violation of [redacted]. When the issue was brought to their attention, ALPHA refused to remedy or acknowledge the issue. This is true despite [redacted] and E specifically addressing a management company's responsibility (and liability) under the statute.Desired Settlement: I would like the $325 charged to be refunded and for these improper business practices to cease against future homeowners.

Business

Response:

We have researched Ms. [redacted] complaint of adding fines to her account on the eve of her escrow closing and offer the following information:Attached is a copy of Ms. [redacted] ledger showing the dates the violation fines were added to the account: April 14, 2013, June 26, 2013, May 29, 2014 and June 03, 2014 and no fines for violations were added after June 3, 2014.Mr. [redacted] was sent violation letters notifying her each time the compliance officer noticed a violation.In addition, Ms. [redacted] requested and was granted time at two different Board of Directors meetings asking that the fines be waived. In each meeting, the board of directors denied her request; copies of the denials are attached.The funds requested at the close of escrow for benefit of Carlene [redacted] included the outstanding fines for the violations AND the payment of the 4th Quarter Assessments of $90.00, which were due and payable by her on October 1, 2014.Attached are copies of correspondence with Ms. [redacted] from our office, the Parke Place Board of Directors and the former management company for your review. As you can tell, this property has been plagued with violations, tenant problems, late payments of assessments and fines since 2009.We have not added any contested fines nor has the association filed or recorded any liens against this property, now or in the past.We have also enclosed copies of the [redacted] in which Ms. [redacted] site our violations, none of which have been violated OR apply to her complaint.In the event you require any further information, additional copies of correspondence from our files, photographs or clarity of statements, please feel free to contact us at your convenience,

Consumer

Response:

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.Initially, I am glad some progress is being made. On December 23, 2014, Ms. [redacted] refused to provide a breakdown of the $325 figure appearing on the HUD in relation to the property transfer. Ms. [redacted] response, dated January 6, 2014, clarifies that $90 of the $325 relates to unpaid assessments. I have never late-paid an assessment in the 10+ years I owned the property. In fact, in recent years, I prepaid assessments 6 months at a time. Attached is a copy of my pre-payment of assessents for Q3 and Q4 2014 in the amount of $180, dated June 25, 2014 and cashed by Alpha Community Management on June 30, 2014. Based on this proof of payment, I would expect to receive a $90 refund prior to the resolution of the remaining issue.Second, I realize there are disputed fines on my account (i.e., the HOA believes the fines are valid and I believe the fines are invalid). Neither view is at issue. What is at issue is that no judgment has been obtained from an unbiased tribunal in relation to the fines and no lien has been placed against the property, as required in order for the $325 to legally appear on my HUD and in order for the management company to legally prevent the sale of my property absent this amount being paid. Ms. [redacted] January 6, 2014 letter also clarifies that there were no filed or recorded liens against the property. If the HOA/management company would like to obtain a judgment or a lien, they are welcome to try to do so, and we can discuss the validity of the fines with a judge. This is the legal process that is required before these amounts can be forcefully taken. Prior to obtaining a judgment and lien, however, the HOA and management company cannot interefere with the transfer of property by requiring the payment of amounts that are unsupported by a lien or judgment. That is simply the law. Finally, the fact that the fines were assessed months or years ago does not change the fact that I called the HOA over a month before my property closed in order to request a full breakdown of all amounts that would appear on my HUD in order for the closing to occur. The fines were never mentioned. After Alpha Community Management reviewed my account, I was infomred that only the $400 transfer fees would appear. On the eve of the property close, the fines were added to the HUD. I continue to request a refund of the improperly charged $325 and for these improper business practices to cease.Regards,[redacted]

Business

Response:

My law firm has been retained by Alpha Community Management ("Alpha") to represent its interest in the above-referenced matter. As you may be aware, Alpha is the Community Management Company for [redacted]. ("Association"). For reasons set forth below, Ms. [redacted] seeks her remedy against the wrong party. Her remedy does not lie with Alpha.When Ms. [redacted] title company requested a disclosure statement and condomium certification, Alpha disclosed that the account had an unpaid balance for $325.00 with an accompanying ledger showing that that amount represented unpaid fines. Neither Alpha, nor the Association, represented that the fines were ever secured by a lien on Ms. [redacted] property. In fact, it was Ms. [redacted] title company that prepared the HUD statement, not Alpha or any other representative of the Association. A plain reading of the condominium certification shows that the $90.00 is the quarterly assessment and was listed as information for the buyer; it does not show that the $90.00 comprised any part of the $325.00 in fines. The condominium certification is attached for your convenience.Alpha did not have the authority to waive the $325.00 in fines. Only the Board of Directors of the Association ("Board") had the authority to waive the fines pursuant to the [redacted], [redacted], which states: "After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association." (Emphasis added.) Only the Board of the Association had the authority to waive the fines. The Board determined that Ms. [redacted] was in violation of the community documents of the Association and had the power to collect the fines after Ms. [redacted] presented her case to the Board.