Revdex.com: Re Complaint: [redacted] Thank you for the information belowI have had time to review and can provide some information to hopefully help resolve the matter I am going to do my best to keep this response to the point and state facts as we see them, as requested by the Revdex.com 1) Mr [redacted] Lives in [redacted] Homeowners Association, INCThis Business name has a DBA of [redacted] HOA(See attached filings) It is not uncommon to have a business address for a corporation or multiple corporations, and the registered agent be the same addressNothing limits this registered agent from having multiple corporations registered to them In fact you can even hire a professional registered agent to serve for your corporationIn this case I serve as the Registered Agent for the Board of directors of [redacted] HOA AND for Boardwalk Association ManagementI could have hundreds of corporations point back to me as the registered agentThis does not mean anything other than I am the person on record for the corporation if someone needs to get ahold of that corporation What makes us different from the HOA is we have clear and distinct business filings with different members 2) Boardwalk provides the association with a website for members, in good standing with the association, to make automated online paymentsMr***’s online account access was revoked on 7-9-2015, months after the account became past dueMr [redacted] was sent monthly statements and had months to login, review his account balance, and make an online paymentDuring this time, Mr [redacted] logged into his account on the following days: 8-11-at 12:to modify contact information, and again on 6-3-at 10:No payment was made during Mr***’s logged in sessions on either day However his entire account ledger was available to him onlineThe account ledger included how his dues were applied in 2013, 2014, and 2015—up until 7-9- 3) The reason we revoke online access is because the online payment feature pulls account historyOnce an account is turned over to collections the account balance shown through the website would be incorrectThe owner would then, at that time, owe for services provided to the association from the collection attorney—which would not appear on the account ledger on the websiteThis is outlined in Section of the CCR’s (See attached) and the Communities Collection Enforcement Resolution adopted 09-03- 4) Boardwalk Association Management is not a fictitious nameBoardwalk is registered with the Secretary of StateOur legal name is BWM LLC, which clearly allows us under the law to operate as BWM LLC OR if we file a DBA, Boardwalk Association Management (See attached) I am unclear as to exactly what the issue is: 1) Mr [redacted] owes association dues for & 2015, which remain unpaid 2) The balance remained unpaid for Months 3) He was sent a final demand notice that clearly stated that if he failed to pay his balance due by 6-13-2015, the account would be turned over to an attorney for collections (See attached final demand notice) 4) Mr [redacted] failed to bring his account current by 6-13- 5) The Association placed a lien on Mr***’s property on 7/8/(Per Section 8-of the CCR’s, See attached) 6) Mr***’s account was accepted by the collection attorney on 7/9/ This same day, Mr***’s online account access was revoked in our system once we received notification his account had been accepted by the attorney for collections We welcome resolution to this matter and hope Mr [redacted] will quickly pay the debt he states he owesIf Mr [redacted] would like to discuss payment arrangements, he can contact Jennifer at Vial Fotheringham: 208-629- Ryan M*** CMCA, AMS Homeowner Association Community Manager P.OBox Eagle ID Telephone: 208-287- www.boardwalkidaho.com
Revdex.com
E50th St
Boise ID
Reference: *** / *** *** Complaint
Thank you for the above information
First off I would like to note that this debt is not owed to BoardwalkThe money owed is to *** *** Neighborhood Association,
INC.(The HOA) We are not the association, we are a contracted third party hired by the HOA to handle the day to day operations of the HOAWe are also not contracted to handle this collection matter for the associationWe have no contract with Mr***Based on this information I’m not sure we have any standing in this complaint and we, as the 3rd, party are named by mistake in this complaint
However, I have taken the time to respond to this complaint so you’re welcome to use any or all of this information in seeking resolutionWe too desire a fair, fast, and equitable outcome
The HOA is governed by its Covenants, Conditions, and Restrictions as well as any policies adopted by the board
In this case, the *** *** Neighborhood Association INCadopted a collection resolution on September 3, to ensure that a fair and equitable process was in place regarding the collection delinquent homeowner association dues. This policy was followed, has been followed and has remained unchanged for the last years of operations.
I have on file Mr***’s Warranty Deed dated March 13, and recorded with canyon county March 15,that transfers the ownership of the property in reference to Mr***
Mr*** states in his complaint that, “when *** HOA began having boardwalk handle the claim…” Boardwalk entered into a contract to provide management services in February of 2012, which was prior to Mr***’s ownership of the propertyWe have been the only management company contracted with the HOA from February of to current
Mr*** states in his complaint that his account has been in dispute for the last two yearsHe later explains that “I am not contesting I owe dues from the or fiscal yearMy property is in a HOA and I agreed to those CC&R’s when I purchased the home.” I have reviewed all statements and closing document associated with Mr***’s homeAfter an in depth review it appears to me (and as has been indicated to Mr***) that the only dues owed on his account are for and 2015, which he states he owes. He then stated that we filed a lien based on incorrect facts; however, we filed the lien based on a past due balance owed to the association for & HOA assessments, that once again he stated in his complaint, he owes
Mr*** has claimed that his account was turned over to collections because he did not pay his assessments, when in fact, Mr*** had an overpayment that was paid at closing (March 15, 2013) leaving him a credit of $that was applied to his HOA dues
Mr*** has been given ample opportunity to pay his HOA dues or even set up a payment planHe has failed to do thisMr*** was sent a statement with his account balance every month prior to being turned over to collections
After the association turns the account over to the contracted collection attorney, the HOA requires that all communication be handled by the collection attorneyWe have reminded Mr*** of this several times when he contacts our office with questions as to the status of his account
Mr*** states that, “My property is in an HOA and I agreed to those CC&R’s when I purchased the home.” The “CC&R’s” were recorded as a matter of public record on September 9, with the Canyon County Recorder’s office
The CC&R’s State:
We have documented our communicated with Mr*** and if needed, can provide proof that we have not “dodged” or been untruthful with him
The association has a written policy in place to deal with collection matters; again this policy has been followedMr***’s dispute of his dues is not a valid dispute as he had a credit on his account from closingAfter many attempts (Years) the association was forced to turn this matter over to the attorney for further collection efforts per the policy
Ryan M*** CMCA, AMS
Homeowner Association Community Manager
P.OBox Eagle ID
Telephone: 208-287-
www.boardwalkidaho.com
Revdex.com:
?
Re Complaint: ***
?
Thank you for the information belowI have had time to review and can provide some information to hopefully help resolve the matter
?
I am going to do my best to keep this response to the point and state facts as we see them, as requested by the Revdex.com
?
1)? ? ? ? ? ? Mr*** Lives in *** *** Homeowners Association, INCThis Business name has a DBA of *** *** HOA(See attached filings) It is not uncommon to have a business address for a corporation or multiple corporations, and the registered agent be the same addressNothing limits this registered agent from having multiple corporations registered to them.? In fact you can even hire a professional registered agent to serve for your corporationIn this case I serve as the Registered Agent for the Board of directors of *** *** HOA AND for Boardwalk Association ManagementI could have hundreds of corporations point back to me as the registered agentThis does not mean anything other than I am the person on record for the corporation if someone needs to get ahold of that corporation.? What makes us different from the HOA is we have clear and distinct business filings with different members?
2)? ? ? ? ? ? Boardwalk provides the association with a website for members, in good standing with the association, to make automated online paymentsMr***’s online account access was revoked on 7-9-2015, months after the account became past dueMr*** was sent monthly statements and had months to login, review his account balance, and make an online paymentDuring this time, Mr*** logged into his account on the following days: 8-11-at 12:to modify contact information, and again on 6-3-at 10:No payment was made during Mr***’s logged in sessions on either day.? However his entire account ledger was available to him onlineThe account ledger included how his dues were applied in 2013, 2014, and 2015??"up until 7-9-
3)? ? ? ? ? ? The reason we revoke online access is because the online payment feature pulls account historyOnce an account is turned over to collections the account balance shown through the website would be incorrectThe owner would then, at that time, owe for services provided to the association from the collection attorney??"which would not appear on the account ledger on the websiteThis is outlined in Section of the CCR’s (See attached) and the Communities Collection Enforcement Resolution adopted 09-03-
4)? ? ? ? ? ? Boardwalk Association Management is not a fictitious nameBoardwalk is registered with the Secretary of StateOur legal name is BWM LLC, which clearly allows us under the law to operate as BWM LLC OR if we file a DBA, Boardwalk Association Management (See attached)
?
I am unclear as to exactly what the issue is: ?
1)? ? ? ? ? ? Mr*** owes association dues for & 2015, which remain unpaid
2)? ? ? ? ? ? The balance remained unpaid for Months
3)? ? ? ? ? ? He was sent a final demand notice that clearly stated that if he failed to pay his balance due by 6-13-2015, the account would be turned over to an attorney for collections (See attached final demand notice)
4)? ? ? ? ? ? Mr*** failed to bring his account current by 6-13-
5)? ? ? ? ? ? The Association placed a lien on Mr***’s property on 7/8/(Per Section 8-of the CCR’s, See attached)
6)? ? ? ? ? ? Mr***’s account was accepted by the collection attorney on 7/9/
This same day, Mr***’s online account access was revoked in our system once we received notification his account had been accepted by the attorney for collections
?
We welcome resolution to this matter and hope Mr*** will quickly pay the debt he states he owesIf Mr*** would like to discuss payment arrangements, he can contact Jennifer at Vial Fotheringham:? 208-629-
?
Ryan M***? CMCA, AMS
Homeowner Association Community Manager
? P.OBox Eagle ID
Telephone:? 208-287-
www.boardwalkidaho.com
Revdex.com
E50th? St
Boise ID
?
Reference: *** / *** *** Complaint
?
Thank you for the above information
?
First off I would like to note that this debt is not owed to BoardwalkThe money owed is to *** *** Neighborhood Association,
INC.(The HOA) We are not the association, we are a contracted third party hired by the HOA to handle the day to day operations of the HOAWe are also not contracted to handle this collection matter for the associationWe have no contract with Mr***Based on this information I’m not sure we have any standing in this complaint and we, as the 3rd, party are named by mistake in this complaint
?
However, I have taken the time to respond to this complaint so you’re welcome to use any or all of this information in seeking resolutionWe too desire a fair, fast, and equitable outcome
?
The HOA is governed by its Covenants, Conditions, and Restrictions as well as any policies adopted by the board
?
In this case, the *** *** Neighborhood Association INCadopted a collection resolution on September 3, to ensure that a fair and equitable process was in place regarding the collection delinquent homeowner association dues.? This policy was followed, has been followed and has remained unchanged for the last years of operations.?
?
I have on file Mr***’s Warranty Deed dated March 13, and recorded with canyon county March 15,that transfers the ownership of the property in reference to Mr***
?
Mr*** states in his complaint that, “when *** HOA began having boardwalk handle the claim…” Boardwalk entered into a contract to provide management services in February of 2012, which was? prior? to Mr***’s ownership of the propertyWe have been the only management company contracted with the HOA from February of to current
?
Mr*** states in his complaint that his account has been in dispute for the last two yearsHe later explains that “I am not contesting I owe dues from the or fiscal yearMy property is in a HOA and I agreed to those CC&R’s when I purchased the home.” I have reviewed all statements and closing document associated with Mr***’s homeAfter an in depth review it appears to me (and as has been indicated to Mr***) that the only dues owed on his account are for and 2015, which he states he owes.? He then stated that we filed a lien based on incorrect facts; however, we filed the lien based on a past due balance owed to the association for & HOA assessments, that? once again he stated in his complaint, he owes
?
Mr*** has claimed that his account was turned over to collections because he did not pay his assessments, when in fact, Mr*** had an overpayment? that was paid at closing (March 15, 2013) leaving him a credit of $that was applied to his HOA dues
?
Mr*** has been given ample opportunity to pay his HOA dues or even set up a payment planHe has failed to do thisMr*** was sent a statement with his account balance every month prior to being turned over to collections
?
After the association turns the account over to the contracted collection attorney, the HOA requires that all communication be handled by the collection attorneyWe have reminded Mr*** of this several times when he contacts our office with questions as to the status of his account
?
Mr*** states that, “My property is in an HOA and I agreed to those CC&R’s when I purchased the home.”? The “CC&R’s” were recorded as a matter of public record on September 9, with the Canyon County Recorder’s office
?
The CC&R’s State:
?
We have documented our communicated with Mr*** and if needed, can provide proof that we have not “dodged” or been untruthful with him
?
The association has a written policy in place to deal with collection matters; again this policy has been followedMr***’s dispute of his dues is not a valid dispute as he had a credit on his account from closingAfter many attempts (Years) the association was forced to turn this matter over to the attorney for further collection efforts per the policy
?
?
Ryan M***? CMCA, AMS
Homeowner Association Community Manager
? P.OBox Eagle ID
Telephone:? 208-287-
www.boardwalkidaho.com
Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint.? For your reference, details of the offer I reviewed appear below.Again, MrM*** is caught in a lieHe states he has no knowledge and is simply a third party to this issue but when called on the carpet regarding his true intentions, it's shown he actually is involved with *** HOA which he directly refutes in his previous responseMrM*** made it clear that his company is only involved with daily management and not involved with the actual HOA decision makingYet in numerous business filings with the State of Idaho, he is clearly identified as the point person for both entitiesEven when the State dissolved *** in it was clear MrM*** could not handle running to companies at once.?
The reason this is such an issue is because MrM*** has refused to communicate with me regarding anythingI sent *** HOA multiple letters, including one attached to my proxy vote at the beginning of regarding my duesI also called one of Boardwalk's employees, Nate, who told me he would get back to me regarding the issueHe never didOf course, now that time has passed, Boardwalk has allowed this to continue far enough that attorney fees have been tacked onLuckily I have copies of multiple checks I made out to *** to try and pay this balanceUnfortunately, they were never cashed as MrM*** wanted the opportunity to tack on attorney feesWhich is also against the guidelines as mediation must come before litigationI can understand why MrM*** gets confused because he is running two entities at the same time under the same address and phone numberThat definitely gets confusing after a while!
Any title company will tell you this is extremely odd behaviorRarely are HOA's ever connected with Association Management companies that share the same agentAnd rarely are any HOA's point of contact the same as their "hired" Association Management teamWhat you see here is a clear umbrella company that MrM*** is using to further his profits and seamlessly deal with any issues by bypassing CC&R'sHe won't even respond to questions regarding CC&R complaints because he knows he's deceitfulHe claimed he had no knowledge and now has backtracked with a well thought out responseIt's too bad he didn't put this much effort in his first Revdex.com response when he basically said this had nothing to do with Bordwalk?
Lastly, I again challenge MrM*** to provide myself the proof that his own Board at *** owns homes within the HOA subdivision as requiredWe both know that the answer is they don't, but I'm sure MrM*** will come up with another excuse as to why this is not the caseOf course with any deceit, there is always a second part of the storyLuckily the paper trail I have with checks written and letters sent, it will prove MrM*** was negligent and extremely dishonest.? Regards,*** ***
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Again, Mr. M[redacted] is caught in a lie. He states he has no knowledge and is simply a third party to this issue but when called on the carpet regarding his true intentions, it's shown he actually is involved with [redacted] HOA which he directly refutes in his previous response. Mr. M[redacted] made it clear that his company is only involved with daily management and not involved with the actual HOA decision making. Yet in numerous business filings with the State of Idaho, he is clearly identified as the point person for both entities. Even when the State dissolved [redacted] in 2013 it was clear Mr. M[redacted] could not handle running to companies at once.
The reason this is such an issue is because Mr. M[redacted] has refused to communicate with me regarding anything. I sent [redacted] HOA multiple letters, including one attached to my proxy vote at the beginning of 2015 regarding my dues. I also called one of Boardwalk's employees, Nate, who told me he would get back to me regarding the issue. He never did. Of course, now that time has passed, Boardwalk has allowed this to continue far enough that attorney fees have been tacked on. Luckily I have copies of multiple checks I made out to [redacted] to try and pay this balance. Unfortunately, they were never cashed as Mr. M[redacted] wanted the opportunity to tack on attorney fees. Which is also against the guidelines as mediation must come before litigation. I can understand why Mr. M[redacted] gets confused because he is running two entities at the same time under the same address and phone number. That definitely gets confusing after a while!
Any title company will tell you this is extremely odd behavior. Rarely are HOA's ever connected with Association Management companies that share the same agent. And rarely are any HOA's point of contact the same as their "hired" Association Management team. What you see here is a clear umbrella company that Mr. M[redacted] is using to further his profits and seamlessly deal with any issues by bypassing CC&R's. He won't even respond to questions regarding CC&R complaints because he knows he's deceitful. He claimed he had no knowledge and now has backtracked with a well thought out response. It's too bad he didn't put this much effort in his first Revdex.com response when he basically said this had nothing to do with Bordwalk.
Lastly, I again challenge Mr. M[redacted] to provide myself the proof that his own Board at [redacted] owns homes within the HOA subdivision as required. We both know that the answer is they don't, but I'm sure Mr. M[redacted] will come up with another excuse as to why this is not the case. Of course with any deceit, there is always a second part of the story. Luckily the paper trail I have with checks written and letters sent, it will prove Mr. M[redacted] was negligent and extremely dishonest. Regards,[redacted]
Thank you for the information below. I have had time to review and can provide some information to hopefully help resolve the matter.
I am going to do my best to keep this response to the point and state facts as we see them, as requested by the Revdex.com.
1) Mr. [redacted] Lives in [redacted] Homeowners Association, INC. This Business name has a DBA of [redacted] HOA. (See attached filings) It is not uncommon to have a business address for a corporation or multiple corporations, and the registered agent be the same address. Nothing limits this registered agent from having multiple corporations registered to them. In fact you can even hire a professional registered agent to serve for your corporation. In this case I serve as the Registered Agent for the Board of directors of [redacted] HOA AND for Boardwalk Association Management. I could have hundreds of corporations point back to me as the registered agent. This does not mean anything other than I am the person on record for the corporation if someone needs to get ahold of that corporation. What makes us different from the HOA is we have clear and distinct business filings with different members.
2) Boardwalk provides the association with a website for members, in good standing with the association, to make automated online payments. Mr. [redacted]’s online account access was revoked on 7-9-2015, 18 months after the account became past due. Mr. [redacted] was sent monthly statements and had 18 months to login, review his account balance, and make an online payment. During this time, Mr. [redacted] logged into his account on the following days: 8-11-2014 at 12:18 to modify contact information, and again on 6-3-2015 at 10:10. No payment was made during Mr. [redacted]’s logged in sessions on either day. However his entire account ledger was available to him online. The account ledger included how his dues were applied in 2013, 2014, and 2015—up until 7-9-2015.
3) The reason we revoke online access is because the online payment feature pulls account history. Once an account is turned over to collections the account balance shown through the website would be incorrect. The owner would then, at that time, owe for services provided to the association from the collection attorney—which would not appear on the account ledger on the website. This is outlined in Section 8.2 of the CCR’s (See attached) and the Communities Collection Enforcement Resolution adopted 09-03-2009.
4) Boardwalk Association Management is not a fictitious name. Boardwalk is registered with the Secretary of State. Our legal name is BWM LLC, which clearly allows us under the law to operate as BWM LLC OR if we file a DBA, Boardwalk Association Management (See attached).
I am unclear as to exactly what the issue is:
1) Mr. [redacted] owes association dues for 2014 & 2015, which remain unpaid.
2) The balance remained unpaid for 18 Months.
3) He was sent a final demand notice that clearly stated that if he failed to pay his balance due by 6-13-2015, the account would be turned over to an attorney for collections (See attached final demand notice).
4) Mr. [redacted] failed to bring his account current by 6-13-2015.
5) The Association placed a lien on Mr. [redacted]’s property on 7/8/2015 (Per Section 8-2 of the CCR’s, See attached).
6) Mr. [redacted]’s account was accepted by the collection attorney on 7/9/2015
This same day, Mr. [redacted]’s online account access was revoked in our system once we received notification his account had been accepted by the attorney for collections.
We welcome resolution to this matter and hope Mr. [redacted] will quickly pay the debt he states he owes. If Mr. [redacted] would like to discuss payment arrangements, he can contact Jennifer at Vial Fotheringham: 208-629-4567.
Ryan M[redacted] CMCA, AMS
Homeowner Association Community Manager
P.O. Box 2654 Eagle ID 83616
Telephone: 208-287-8811
www.boardwalkidaho.com
Revdex.com: Re Complaint: [redacted] Thank you for the information belowI have had time to review and can provide some information to hopefully help resolve the matter I am going to do my best to keep this response to the point and state facts as we see them, as requested by the Revdex.com 1) Mr [redacted] Lives in [redacted] Homeowners Association, INCThis Business name has a DBA of [redacted] HOA(See attached filings) It is not uncommon to have a business address for a corporation or multiple corporations, and the registered agent be the same addressNothing limits this registered agent from having multiple corporations registered to them In fact you can even hire a professional registered agent to serve for your corporationIn this case I serve as the Registered Agent for the Board of directors of [redacted] HOA AND for Boardwalk Association ManagementI could have hundreds of corporations point back to me as the registered agentThis does not mean anything other than I am the person on record for the corporation if someone needs to get ahold of that corporation What makes us different from the HOA is we have clear and distinct business filings with different members 2) Boardwalk provides the association with a website for members, in good standing with the association, to make automated online paymentsMr***’s online account access was revoked on 7-9-2015, months after the account became past dueMr [redacted] was sent monthly statements and had months to login, review his account balance, and make an online paymentDuring this time, Mr [redacted] logged into his account on the following days: 8-11-at 12:to modify contact information, and again on 6-3-at 10:No payment was made during Mr***’s logged in sessions on either day However his entire account ledger was available to him onlineThe account ledger included how his dues were applied in 2013, 2014, and 2015—up until 7-9- 3) The reason we revoke online access is because the online payment feature pulls account historyOnce an account is turned over to collections the account balance shown through the website would be incorrectThe owner would then, at that time, owe for services provided to the association from the collection attorney—which would not appear on the account ledger on the websiteThis is outlined in Section of the CCR’s (See attached) and the Communities Collection Enforcement Resolution adopted 09-03- 4) Boardwalk Association Management is not a fictitious nameBoardwalk is registered with the Secretary of StateOur legal name is BWM LLC, which clearly allows us under the law to operate as BWM LLC OR if we file a DBA, Boardwalk Association Management (See attached) I am unclear as to exactly what the issue is: 1) Mr [redacted] owes association dues for & 2015, which remain unpaid 2) The balance remained unpaid for Months 3) He was sent a final demand notice that clearly stated that if he failed to pay his balance due by 6-13-2015, the account would be turned over to an attorney for collections (See attached final demand notice) 4) Mr [redacted] failed to bring his account current by 6-13- 5) The Association placed a lien on Mr***’s property on 7/8/(Per Section 8-of the CCR’s, See attached) 6) Mr***’s account was accepted by the collection attorney on 7/9/ This same day, Mr***’s online account access was revoked in our system once we received notification his account had been accepted by the attorney for collections We welcome resolution to this matter and hope Mr [redacted] will quickly pay the debt he states he owesIf Mr [redacted] would like to discuss payment arrangements, he can contact Jennifer at Vial Fotheringham: 208-629- Ryan M*** CMCA, AMS Homeowner Association Community Manager P.OBox Eagle ID Telephone: 208-287- www.boardwalkidaho.com
Revdex.com
E50th St
Boise ID
Reference: *** / *** *** Complaint
Thank you for the above information
First off I would like to note that this debt is not owed to BoardwalkThe money owed is to *** *** Neighborhood Association,
INC.(The HOA) We are not the association, we are a contracted third party hired by the HOA to handle the day to day operations of the HOAWe are also not contracted to handle this collection matter for the associationWe have no contract with Mr***Based on this information I’m not sure we have any standing in this complaint and we, as the 3rd, party are named by mistake in this complaint
However, I have taken the time to respond to this complaint so you’re welcome to use any or all of this information in seeking resolutionWe too desire a fair, fast, and equitable outcome
The HOA is governed by its Covenants, Conditions, and Restrictions as well as any policies adopted by the board
In this case, the *** *** Neighborhood Association INCadopted a collection resolution on September 3, to ensure that a fair and equitable process was in place regarding the collection delinquent homeowner association dues. This policy was followed, has been followed and has remained unchanged for the last years of operations.
I have on file Mr***’s Warranty Deed dated March 13, and recorded with canyon county March 15,that transfers the ownership of the property in reference to Mr***
Mr*** states in his complaint that, “when *** HOA began having boardwalk handle the claim…” Boardwalk entered into a contract to provide management services in February of 2012, which was prior to Mr***’s ownership of the propertyWe have been the only management company contracted with the HOA from February of to current
Mr*** states in his complaint that his account has been in dispute for the last two yearsHe later explains that “I am not contesting I owe dues from the or fiscal yearMy property is in a HOA and I agreed to those CC&R’s when I purchased the home.” I have reviewed all statements and closing document associated with Mr***’s homeAfter an in depth review it appears to me (and as has been indicated to Mr***) that the only dues owed on his account are for and 2015, which he states he owes. He then stated that we filed a lien based on incorrect facts; however, we filed the lien based on a past due balance owed to the association for & HOA assessments, that once again he stated in his complaint, he owes
Mr*** has claimed that his account was turned over to collections because he did not pay his assessments, when in fact, Mr*** had an overpayment that was paid at closing (March 15, 2013) leaving him a credit of $that was applied to his HOA dues
Mr*** has been given ample opportunity to pay his HOA dues or even set up a payment planHe has failed to do thisMr*** was sent a statement with his account balance every month prior to being turned over to collections
After the association turns the account over to the contracted collection attorney, the HOA requires that all communication be handled by the collection attorneyWe have reminded Mr*** of this several times when he contacts our office with questions as to the status of his account
Mr*** states that, “My property is in an HOA and I agreed to those CC&R’s when I purchased the home.” The “CC&R’s” were recorded as a matter of public record on September 9, with the Canyon County Recorder’s office
The CC&R’s State:
We have documented our communicated with Mr*** and if needed, can provide proof that we have not “dodged” or been untruthful with him
The association has a written policy in place to deal with collection matters; again this policy has been followedMr***’s dispute of his dues is not a valid dispute as he had a credit on his account from closingAfter many attempts (Years) the association was forced to turn this matter over to the attorney for further collection efforts per the policy
Ryan M*** CMCA, AMS
Homeowner Association Community Manager
P.OBox Eagle ID
Telephone: 208-287-
www.boardwalkidaho.com
Revdex.com:
?
Re Complaint: ***
?
Thank you for the information belowI have had time to review and can provide some information to hopefully help resolve the matter
?
I am going to do my best to keep this response to the point and state facts as we see them, as requested by the Revdex.com
?
1)? ? ? ? ? ? Mr*** Lives in *** *** Homeowners Association, INCThis Business name has a DBA of *** *** HOA(See attached filings) It is not uncommon to have a business address for a corporation or multiple corporations, and the registered agent be the same addressNothing limits this registered agent from having multiple corporations registered to them.? In fact you can even hire a professional registered agent to serve for your corporationIn this case I serve as the Registered Agent for the Board of directors of *** *** HOA AND for Boardwalk Association ManagementI could have hundreds of corporations point back to me as the registered agentThis does not mean anything other than I am the person on record for the corporation if someone needs to get ahold of that corporation.? What makes us different from the HOA is we have clear and distinct business filings with different members?
2)? ? ? ? ? ? Boardwalk provides the association with a website for members, in good standing with the association, to make automated online paymentsMr***’s online account access was revoked on 7-9-2015, months after the account became past dueMr*** was sent monthly statements and had months to login, review his account balance, and make an online paymentDuring this time, Mr*** logged into his account on the following days: 8-11-at 12:to modify contact information, and again on 6-3-at 10:No payment was made during Mr***’s logged in sessions on either day.? However his entire account ledger was available to him onlineThe account ledger included how his dues were applied in 2013, 2014, and 2015??"up until 7-9-
3)? ? ? ? ? ? The reason we revoke online access is because the online payment feature pulls account historyOnce an account is turned over to collections the account balance shown through the website would be incorrectThe owner would then, at that time, owe for services provided to the association from the collection attorney??"which would not appear on the account ledger on the websiteThis is outlined in Section of the CCR’s (See attached) and the Communities Collection Enforcement Resolution adopted 09-03-
4)? ? ? ? ? ? Boardwalk Association Management is not a fictitious nameBoardwalk is registered with the Secretary of StateOur legal name is BWM LLC, which clearly allows us under the law to operate as BWM LLC OR if we file a DBA, Boardwalk Association Management (See attached)
?
I am unclear as to exactly what the issue is: ?
1)? ? ? ? ? ? Mr*** owes association dues for & 2015, which remain unpaid
2)? ? ? ? ? ? The balance remained unpaid for Months
3)? ? ? ? ? ? He was sent a final demand notice that clearly stated that if he failed to pay his balance due by 6-13-2015, the account would be turned over to an attorney for collections (See attached final demand notice)
4)? ? ? ? ? ? Mr*** failed to bring his account current by 6-13-
5)? ? ? ? ? ? The Association placed a lien on Mr***’s property on 7/8/(Per Section 8-of the CCR’s, See attached)
6)? ? ? ? ? ? Mr***’s account was accepted by the collection attorney on 7/9/
This same day, Mr***’s online account access was revoked in our system once we received notification his account had been accepted by the attorney for collections
?
We welcome resolution to this matter and hope Mr*** will quickly pay the debt he states he owesIf Mr*** would like to discuss payment arrangements, he can contact Jennifer at Vial Fotheringham:? 208-629-
?
Ryan M***? CMCA, AMS
Homeowner Association Community Manager
? P.OBox Eagle ID
Telephone:? 208-287-
www.boardwalkidaho.com
Revdex.com
E50th? St
Boise ID
?
Reference: *** / *** *** Complaint
?
Thank you for the above information
?
First off I would like to note that this debt is not owed to BoardwalkThe money owed is to *** *** Neighborhood Association,
INC.(The HOA) We are not the association, we are a contracted third party hired by the HOA to handle the day to day operations of the HOAWe are also not contracted to handle this collection matter for the associationWe have no contract with Mr***Based on this information I’m not sure we have any standing in this complaint and we, as the 3rd, party are named by mistake in this complaint
?
However, I have taken the time to respond to this complaint so you’re welcome to use any or all of this information in seeking resolutionWe too desire a fair, fast, and equitable outcome
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The HOA is governed by its Covenants, Conditions, and Restrictions as well as any policies adopted by the board
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In this case, the *** *** Neighborhood Association INCadopted a collection resolution on September 3, to ensure that a fair and equitable process was in place regarding the collection delinquent homeowner association dues.? This policy was followed, has been followed and has remained unchanged for the last years of operations.?
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I have on file Mr***’s Warranty Deed dated March 13, and recorded with canyon county March 15,that transfers the ownership of the property in reference to Mr***
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Mr*** states in his complaint that, “when *** HOA began having boardwalk handle the claim…” Boardwalk entered into a contract to provide management services in February of 2012, which was? prior? to Mr***’s ownership of the propertyWe have been the only management company contracted with the HOA from February of to current
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Mr*** states in his complaint that his account has been in dispute for the last two yearsHe later explains that “I am not contesting I owe dues from the or fiscal yearMy property is in a HOA and I agreed to those CC&R’s when I purchased the home.” I have reviewed all statements and closing document associated with Mr***’s homeAfter an in depth review it appears to me (and as has been indicated to Mr***) that the only dues owed on his account are for and 2015, which he states he owes.? He then stated that we filed a lien based on incorrect facts; however, we filed the lien based on a past due balance owed to the association for & HOA assessments, that? once again he stated in his complaint, he owes
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Mr*** has claimed that his account was turned over to collections because he did not pay his assessments, when in fact, Mr*** had an overpayment? that was paid at closing (March 15, 2013) leaving him a credit of $that was applied to his HOA dues
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Mr*** has been given ample opportunity to pay his HOA dues or even set up a payment planHe has failed to do thisMr*** was sent a statement with his account balance every month prior to being turned over to collections
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After the association turns the account over to the contracted collection attorney, the HOA requires that all communication be handled by the collection attorneyWe have reminded Mr*** of this several times when he contacts our office with questions as to the status of his account
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Mr*** states that, “My property is in an HOA and I agreed to those CC&R’s when I purchased the home.”? The “CC&R’s” were recorded as a matter of public record on September 9, with the Canyon County Recorder’s office
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The CC&R’s State:
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We have documented our communicated with Mr*** and if needed, can provide proof that we have not “dodged” or been untruthful with him
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The association has a written policy in place to deal with collection matters; again this policy has been followedMr***’s dispute of his dues is not a valid dispute as he had a credit on his account from closingAfter many attempts (Years) the association was forced to turn this matter over to the attorney for further collection efforts per the policy
?
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Ryan M***? CMCA, AMS
Homeowner Association Community Manager
? P.OBox Eagle ID
Telephone:? 208-287-
www.boardwalkidaho.com
Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint.? For your reference, details of the offer I reviewed appear below.Again, MrM*** is caught in a lieHe states he has no knowledge and is simply a third party to this issue but when called on the carpet regarding his true intentions, it's shown he actually is involved with *** HOA which he directly refutes in his previous responseMrM*** made it clear that his company is only involved with daily management and not involved with the actual HOA decision makingYet in numerous business filings with the State of Idaho, he is clearly identified as the point person for both entitiesEven when the State dissolved *** in it was clear MrM*** could not handle running to companies at once.?
The reason this is such an issue is because MrM*** has refused to communicate with me regarding anythingI sent *** HOA multiple letters, including one attached to my proxy vote at the beginning of regarding my duesI also called one of Boardwalk's employees, Nate, who told me he would get back to me regarding the issueHe never didOf course, now that time has passed, Boardwalk has allowed this to continue far enough that attorney fees have been tacked onLuckily I have copies of multiple checks I made out to *** to try and pay this balanceUnfortunately, they were never cashed as MrM*** wanted the opportunity to tack on attorney feesWhich is also against the guidelines as mediation must come before litigationI can understand why MrM*** gets confused because he is running two entities at the same time under the same address and phone numberThat definitely gets confusing after a while!
Any title company will tell you this is extremely odd behaviorRarely are HOA's ever connected with Association Management companies that share the same agentAnd rarely are any HOA's point of contact the same as their "hired" Association Management teamWhat you see here is a clear umbrella company that MrM*** is using to further his profits and seamlessly deal with any issues by bypassing CC&R'sHe won't even respond to questions regarding CC&R complaints because he knows he's deceitfulHe claimed he had no knowledge and now has backtracked with a well thought out responseIt's too bad he didn't put this much effort in his first Revdex.com response when he basically said this had nothing to do with Bordwalk?
Lastly, I again challenge MrM*** to provide myself the proof that his own Board at *** owns homes within the HOA subdivision as requiredWe both know that the answer is they don't, but I'm sure MrM*** will come up with another excuse as to why this is not the caseOf course with any deceit, there is always a second part of the storyLuckily the paper trail I have with checks written and letters sent, it will prove MrM*** was negligent and extremely dishonest.? Regards,*** ***
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Again, Mr. M[redacted] is caught in a lie. He states he has no knowledge and is simply a third party to this issue but when called on the carpet regarding his true intentions, it's shown he actually is involved with [redacted] HOA which he directly refutes in his previous response. Mr. M[redacted] made it clear that his company is only involved with daily management and not involved with the actual HOA decision making. Yet in numerous business filings with the State of Idaho, he is clearly identified as the point person for both entities. Even when the State dissolved [redacted] in 2013 it was clear Mr. M[redacted] could not handle running to companies at once.
The reason this is such an issue is because Mr. M[redacted] has refused to communicate with me regarding anything. I sent [redacted] HOA multiple letters, including one attached to my proxy vote at the beginning of 2015 regarding my dues. I also called one of Boardwalk's employees, Nate, who told me he would get back to me regarding the issue. He never did. Of course, now that time has passed, Boardwalk has allowed this to continue far enough that attorney fees have been tacked on. Luckily I have copies of multiple checks I made out to [redacted] to try and pay this balance. Unfortunately, they were never cashed as Mr. M[redacted] wanted the opportunity to tack on attorney fees. Which is also against the guidelines as mediation must come before litigation. I can understand why Mr. M[redacted] gets confused because he is running two entities at the same time under the same address and phone number. That definitely gets confusing after a while!
Any title company will tell you this is extremely odd behavior. Rarely are HOA's ever connected with Association Management companies that share the same agent. And rarely are any HOA's point of contact the same as their "hired" Association Management team. What you see here is a clear umbrella company that Mr. M[redacted] is using to further his profits and seamlessly deal with any issues by bypassing CC&R's. He won't even respond to questions regarding CC&R complaints because he knows he's deceitful. He claimed he had no knowledge and now has backtracked with a well thought out response. It's too bad he didn't put this much effort in his first Revdex.com response when he basically said this had nothing to do with Bordwalk.
Lastly, I again challenge Mr. M[redacted] to provide myself the proof that his own Board at [redacted] owns homes within the HOA subdivision as required. We both know that the answer is they don't, but I'm sure Mr. M[redacted] will come up with another excuse as to why this is not the case. Of course with any deceit, there is always a second part of the story. Luckily the paper trail I have with checks written and letters sent, it will prove Mr. M[redacted] was negligent and extremely dishonest. Regards,[redacted]
Revdex.com:
Re Complaint: [redacted]
Thank you for the information below. I have had time to review and can provide some information to hopefully help resolve the matter.
I am going to do my best to keep this response to the point and state facts as we see them, as requested by the Revdex.com.
1) Mr. [redacted] Lives in [redacted] Homeowners Association, INC. This Business name has a DBA of [redacted] HOA. (See attached filings) It is not uncommon to have a business address for a corporation or multiple corporations, and the registered agent be the same address. Nothing limits this registered agent from having multiple corporations registered to them. In fact you can even hire a professional registered agent to serve for your corporation. In this case I serve as the Registered Agent for the Board of directors of [redacted] HOA AND for Boardwalk Association Management. I could have hundreds of corporations point back to me as the registered agent. This does not mean anything other than I am the person on record for the corporation if someone needs to get ahold of that corporation. What makes us different from the HOA is we have clear and distinct business filings with different members.
2) Boardwalk provides the association with a website for members, in good standing with the association, to make automated online payments. Mr. [redacted]’s online account access was revoked on 7-9-2015, 18 months after the account became past due. Mr. [redacted] was sent monthly statements and had 18 months to login, review his account balance, and make an online payment. During this time, Mr. [redacted] logged into his account on the following days: 8-11-2014 at 12:18 to modify contact information, and again on 6-3-2015 at 10:10. No payment was made during Mr. [redacted]’s logged in sessions on either day. However his entire account ledger was available to him online. The account ledger included how his dues were applied in 2013, 2014, and 2015—up until 7-9-2015.
3) The reason we revoke online access is because the online payment feature pulls account history. Once an account is turned over to collections the account balance shown through the website would be incorrect. The owner would then, at that time, owe for services provided to the association from the collection attorney—which would not appear on the account ledger on the website. This is outlined in Section 8.2 of the CCR’s (See attached) and the Communities Collection Enforcement Resolution adopted 09-03-2009.
4) Boardwalk Association Management is not a fictitious name. Boardwalk is registered with the Secretary of State. Our legal name is BWM LLC, which clearly allows us under the law to operate as BWM LLC OR if we file a DBA, Boardwalk Association Management (See attached).
I am unclear as to exactly what the issue is:
1) Mr. [redacted] owes association dues for 2014 & 2015, which remain unpaid.
2) The balance remained unpaid for 18 Months.
3) He was sent a final demand notice that clearly stated that if he failed to pay his balance due by 6-13-2015, the account would be turned over to an attorney for collections (See attached final demand notice).
4) Mr. [redacted] failed to bring his account current by 6-13-2015.
5) The Association placed a lien on Mr. [redacted]’s property on 7/8/2015 (Per Section 8-2 of the CCR’s, See attached).
6) Mr. [redacted]’s account was accepted by the collection attorney on 7/9/2015
This same day, Mr. [redacted]’s online account access was revoked in our system once we received notification his account had been accepted by the attorney for collections.
We welcome resolution to this matter and hope Mr. [redacted] will quickly pay the debt he states he owes. If Mr. [redacted] would like to discuss payment arrangements, he can contact Jennifer at Vial Fotheringham: 208-629-4567.
Ryan M[redacted] CMCA, AMS
Homeowner Association Community Manager
P.O. Box 2654 Eagle ID 83616
Telephone: 208-287-8811
www.boardwalkidaho.com