This business systematically helps its clients to violate their statutory and contractual obligations to their constituentsClients are typically governed by volunteer boards of directors and depend on this business to advise them in order to remain routinely in complianceBut the personnel of the business are ignorant of the requirements and counsel clients to take actions that bring them out of complianceThe business also violates its agreements to produce timely reports of clients’ fiscal transactions and account balances
Initial Business Response / [redacted] (1000, 5, 2014/03/25) */ March 20, Revdex.com, Inc Re Address: [redacted] Ca XXXXX Case#: XXXXXXXX To Whom It May Concern: Thank you for submitting to us the complaint filed against Bay Area Property Services by [redacted] we are hopeful that we can help resolve any concerns with the Bay Harbor Park AssociationWe would like to make clear that at no point has the Bay Harbor Park Homeowners Association or Bay Area Property Services as an agent of Bay Harbor Park knowingly or willfully withheld access to common area amenities/keysAmenity keys are passed [redacted] from the seller to the buyer through escrowHomeowners who wish to obtain another key must contact our office and pay a fee to Bay Harbor Park to obtain a keyThe Bay Harbor Park governing documents do not allow homeowners to withhold assessments which they are contractually obligated to pay because they do not have an amenity keyBecause Mrs [redacted] became delinquent in accordance with the Bay Harbor Park collection policy which is attached for your review her account was sent to collectionsOnce a homeowner is in collections the homeowner must deal directly with the collections company and our office is not allowed to communicate directly with the homeowner Please note that the pool is closed at this timeMrs [redacted] is no longer a homeowner in good standing because she is in collections and for this reason we cannot at this time issue an amenity keyWe would be glad to help facilitate a meeting with the Board in accordance with the Association Internal Dispute Resolution Policy (attached for your review) in the hopes of finding a resolution for what seems to be a basic misunderstanding of the Bay Harbor Park policies At this time we would like to request that Mrs [redacted] provide us with a request in writing for both the key and the credit request which she references in her complaint through the IDR formMrs [redacted] will have to pay all delinquent assessments through United Trustee Services the collection company to once again become a member in good standingMrs [redacted] can contact me directly at ***@bayservice.net to set up a meeting with the Bay Harbor Park Board of Directors in an effort to resolve this concernFor matters related to her collection status Mrs [redacted] must contact United Trustee Services directly Please do not hesitate to contact me if you have any additional questions or concernsThank you again for allowing us to take part in finding a resolution for Mrs***We look forward to helping this matter resolve promptly Sincerely, [redacted] , Community Manager - Bay Area Property Services cc: Board of Directors/Unit File Initial Consumer Rebuttal / [redacted] (3000, 7, 2014/03/26) */ (The consumer indicated he/she DID NOT accept the response from the business.) I am not in agree to this resolutionI have been made out to be the problem in this matter, when in reality I have been wrongedI have contacted Bay Area Property no less than times since LAST year beginning in March in regards to this keyThey willingly failed to respond to any request whether it by phone, mail, email, fax or certified letterI was denied access to the pool throughout the summer due to the lack of keyI have been denied access to all common areas as well as tennis courts because of a key that I have been requesting for a yearEven when I was in "good standing" with the board and Bay Area property they failed to communicate with me in regards to this issueI am not in good standing due to a lack of regard to a long ongoing issue which I tried several times to resolve over the last yearI still have never been contacted in any form by Bay Area property service ever and am now forced to deal with a collection agencyThings would have never gone this far had Bay Area property responded a year ago and helped seek out resolution thenThey failed to do so Final Business Response / [redacted] (4000, 11, 2014/04/17) */ We apologize for our delay in our response while we further researched the matterIt is always our intention to return calls and satisfy our homeowner requests in a timely mannerBAPS has a full-time customer service department with four live customer service representatives answering phones and responding to web inquiries dailyThe Association also has monthly HOA meetings which are open to all homeowners and include a homeowners open forum in which homeowners may express any grievances and or make requestsTypically, it is highly unlikely that multiple inquiries for months from one person would have gone unanswered -we apologize that this matter has escalated to this point Unfortunately the CC&Rs which is the contract that Mrs [redacted] entered into when buying her come separate financial matters from all other mattersHomeowners cannot deduct a portion of their dues because they do not use recreational facilities or because they have a grievance against their associationPlease see the following excerpt from the CC&Rs: OffsetsAll Assessments levied by the Board shall be payable in the full amount specified, including any Additional Charges imposed as provided by the terms of this Declaration, and no offsets against any such amounts shall be permitted for any reason whatsoever, including without limitation a claim that the Association has failed to properly exercise its duties of maintenance or enforcement We have inquired with the trustee for Mrs [redacted] account regarding her requestsThe law clearly indicates that the homeowner must continue to pay assessments in the event that there is a dispute with the Association for any reasonThe trustee has communicated this information various times and offered a payment plan to bring the homeowner into good standingPlease see below an excerpt from an email sent from United Trustee Services in regards to the collection account in question: "The bottom line is according to the applicable civil code governing these mattersIf an owner has a grievance with the association and wishes to dispute assessments or charges, they must continue to pay their assessmentsThey have a duty to pay their assessments and there are no offsetsSee link below." "A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any..., shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied." (CivCode §5650(a).) There may be a genuine misunderstanding here between Mrs [redacted] and our office because BAPS cannot communicate with homeowners regarding their accounts once their account has been sent to collectionsIf she tried to contact us after she was sent to collections our office would not have been able to help herWe apologize for any inconvenience Mrs [redacted] has suffered and are looking forward to finding a resolution to her concernsunfortunately, only Mrs [redacted] can cure the matter of her delinquency, however we would be happy to help facilitate a key for Mrs***We would like to help facilitate a resolution for Mrs [redacted] which we can do by offering a meeting with the Board of DirectorsPlease do not hesitate to contact me if there are any further questions or concerns Sincerely, Bay Area Property Services Final Consumer Response / [redacted] (3000, 14, 2014/04/18) */ I began contacting in March by phone and letters to NO RESPONSEThis was well before I before delinquentI only became delinquent after there was a failure to respond to calls, emails and lettersPlease send me Consumer Response / [redacted] (2000, 21, 2014/09/29) */ 9-29- Response via email from consumer: I am writing in regards to a complaint I filed that is attached to this emailThe company has now satisfactorily helped in resolving this issueI would like to have this complaint dismissed from their record The complaint was filed against Bay Area Property Service in [redacted] Any help you could give in having this removed would be greatly appreciated [redacted] ***
This business systematically helps its clients to violate their statutory and contractual obligations to their constituentsClients are typically governed by volunteer boards of directors and depend on this business to advise them in order to remain routinely in complianceBut the personnel of the business are ignorant of the requirements and counsel clients to take actions that bring them out of complianceThe business also violates its agreements to produce timely reports of clients’ fiscal transactions and account balances
Initial Business Response / [redacted] (1000, 5, 2014/03/25) */ March 20, Revdex.com, Inc Re Address: [redacted] Ca XXXXX Case#: XXXXXXXX To Whom It May Concern: Thank you for submitting to us the complaint filed against Bay Area Property Services by [redacted] we are hopeful that we can help resolve any concerns with the Bay Harbor Park AssociationWe would like to make clear that at no point has the Bay Harbor Park Homeowners Association or Bay Area Property Services as an agent of Bay Harbor Park knowingly or willfully withheld access to common area amenities/keysAmenity keys are passed [redacted] from the seller to the buyer through escrowHomeowners who wish to obtain another key must contact our office and pay a fee to Bay Harbor Park to obtain a keyThe Bay Harbor Park governing documents do not allow homeowners to withhold assessments which they are contractually obligated to pay because they do not have an amenity keyBecause Mrs [redacted] became delinquent in accordance with the Bay Harbor Park collection policy which is attached for your review her account was sent to collectionsOnce a homeowner is in collections the homeowner must deal directly with the collections company and our office is not allowed to communicate directly with the homeowner Please note that the pool is closed at this timeMrs [redacted] is no longer a homeowner in good standing because she is in collections and for this reason we cannot at this time issue an amenity keyWe would be glad to help facilitate a meeting with the Board in accordance with the Association Internal Dispute Resolution Policy (attached for your review) in the hopes of finding a resolution for what seems to be a basic misunderstanding of the Bay Harbor Park policies At this time we would like to request that Mrs [redacted] provide us with a request in writing for both the key and the credit request which she references in her complaint through the IDR formMrs [redacted] will have to pay all delinquent assessments through United Trustee Services the collection company to once again become a member in good standingMrs [redacted] can contact me directly at ***@bayservice.net to set up a meeting with the Bay Harbor Park Board of Directors in an effort to resolve this concernFor matters related to her collection status Mrs [redacted] must contact United Trustee Services directly Please do not hesitate to contact me if you have any additional questions or concernsThank you again for allowing us to take part in finding a resolution for Mrs***We look forward to helping this matter resolve promptly Sincerely, [redacted] , Community Manager - Bay Area Property Services cc: Board of Directors/Unit File Initial Consumer Rebuttal / [redacted] (3000, 7, 2014/03/26) */ (The consumer indicated he/she DID NOT accept the response from the business.) I am not in agree to this resolutionI have been made out to be the problem in this matter, when in reality I have been wrongedI have contacted Bay Area Property no less than times since LAST year beginning in March in regards to this keyThey willingly failed to respond to any request whether it by phone, mail, email, fax or certified letterI was denied access to the pool throughout the summer due to the lack of keyI have been denied access to all common areas as well as tennis courts because of a key that I have been requesting for a yearEven when I was in "good standing" with the board and Bay Area property they failed to communicate with me in regards to this issueI am not in good standing due to a lack of regard to a long ongoing issue which I tried several times to resolve over the last yearI still have never been contacted in any form by Bay Area property service ever and am now forced to deal with a collection agencyThings would have never gone this far had Bay Area property responded a year ago and helped seek out resolution thenThey failed to do so Final Business Response / [redacted] (4000, 11, 2014/04/17) */ We apologize for our delay in our response while we further researched the matterIt is always our intention to return calls and satisfy our homeowner requests in a timely mannerBAPS has a full-time customer service department with four live customer service representatives answering phones and responding to web inquiries dailyThe Association also has monthly HOA meetings which are open to all homeowners and include a homeowners open forum in which homeowners may express any grievances and or make requestsTypically, it is highly unlikely that multiple inquiries for months from one person would have gone unanswered -we apologize that this matter has escalated to this point Unfortunately the CC&Rs which is the contract that Mrs [redacted] entered into when buying her come separate financial matters from all other mattersHomeowners cannot deduct a portion of their dues because they do not use recreational facilities or because they have a grievance against their associationPlease see the following excerpt from the CC&Rs: OffsetsAll Assessments levied by the Board shall be payable in the full amount specified, including any Additional Charges imposed as provided by the terms of this Declaration, and no offsets against any such amounts shall be permitted for any reason whatsoever, including without limitation a claim that the Association has failed to properly exercise its duties of maintenance or enforcement We have inquired with the trustee for Mrs [redacted] account regarding her requestsThe law clearly indicates that the homeowner must continue to pay assessments in the event that there is a dispute with the Association for any reasonThe trustee has communicated this information various times and offered a payment plan to bring the homeowner into good standingPlease see below an excerpt from an email sent from United Trustee Services in regards to the collection account in question: "The bottom line is according to the applicable civil code governing these mattersIf an owner has a grievance with the association and wishes to dispute assessments or charges, they must continue to pay their assessmentsThey have a duty to pay their assessments and there are no offsetsSee link below." "A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any..., shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied." (CivCode §5650(a).) There may be a genuine misunderstanding here between Mrs [redacted] and our office because BAPS cannot communicate with homeowners regarding their accounts once their account has been sent to collectionsIf she tried to contact us after she was sent to collections our office would not have been able to help herWe apologize for any inconvenience Mrs [redacted] has suffered and are looking forward to finding a resolution to her concernsunfortunately, only Mrs [redacted] can cure the matter of her delinquency, however we would be happy to help facilitate a key for Mrs***We would like to help facilitate a resolution for Mrs [redacted] which we can do by offering a meeting with the Board of DirectorsPlease do not hesitate to contact me if there are any further questions or concerns Sincerely, Bay Area Property Services Final Consumer Response / [redacted] (3000, 14, 2014/04/18) */ I began contacting in March by phone and letters to NO RESPONSEThis was well before I before delinquentI only became delinquent after there was a failure to respond to calls, emails and lettersPlease send me Consumer Response / [redacted] (2000, 21, 2014/09/29) */ 9-29- Response via email from consumer: I am writing in regards to a complaint I filed that is attached to this emailThe company has now satisfactorily helped in resolving this issueI would like to have this complaint dismissed from their record The complaint was filed against Bay Area Property Service in [redacted] Any help you could give in having this removed would be greatly appreciated [redacted] ***