CAS, Inc.

Complaint[redacted] CAS manager misusing power, unreasonably handles the issue & charged homeowner for the problem directly generated by CAS billing mistakeThe problem was originated because CAS has sent the wrong billing coupons to us for collecting the HOA dues of 2016 in the beginning of the year.Last year (2015), we have purchased two new properties at [redacted], one of the two houses we have paid extra HOA fees during the closing.However, on January 2016, CAS has sent billing requests and coupons for both of our property and required the HOA fees starting from January 2016, which was wrong of one of the house.While we have been trying across of several months to figure out which billing statement was wrong (we have made many calls, and talked to multiple CAS personnel), However, no one at CAS we had reached and talked would be able to give us a clear view of the balance of one of our properties, nor to make the effort to assist the reasonable request to send us the true statement (without a statement, we couldn't make the right payment). We were very confused because the CAS was not only refusing to provide the adequate property account information, rather rude, inpatient and unreasonable.Without any HOA statements (other than the wrong coupons received on January 2016), I have finally reached out [redacted], the manager of HOA [redacted], she has given me our property account information over the phone, then, we first learned one property had overdue payment, the other one's HOA fees had been paid through to August 2016 (as up to this date, we still didn't see any account statement of this property). With the information from the phone, I immediately wrote the two checks and paid for entire 12 months of our properties' HOA dues in full of 2016. It was 4/19/2016.On June, we have received a statement that CAS has taken $319.74 on 5/12/2016 and 5/13/2016 from the HOA payment's we made of $720 (on 4/19/16), for legal fees, without my authority because what we have paid was strictly to our properties' HOA due, not for their legal fees coverage (they have also charged us $25 document process fee).CAS has sent wrong bill to collect HOA fees, they wouldn't allow us to figure out, how is it right? It is not legal to over collect HOA fees! As the home owner, we should have right to get our account information, but upon until this date, we still didn't get any account information we have been asking for of one of our properties.I have been email communicated with [redacted], [redacted] and etc. for waiving the unreasonable legal fees and document process fees.CAS of [redacted] is wrong to send us the wrong billing statement at first place, as home owner, we're entitle to know the correct payment amount of our HOA dues, it took us over 3 months to find out what we should pay (3 months HOA dues = $180.00), then they were unreasonably charged us $344.74 extra fees, they're abusing their power! As [redacted]'s HOA management, CAS should not attack us as the home owner! yes, you have the power in hand, you are intimidating, and wanted to collect more money than it should ... but, that's wrong!Desired Settlementto remove the legal fees and document process fee from our account, total $344.74.NOTE: we have made $720 to the property at [redacted], it's purely for the HOA dues of the property, and it covered through the year 2016.Business Response CAS is the community manager for the [redacted] Homeowners Association, Inc. In 2015 [redacted] and [redacted] Association, Inc. purchased two properties in the [redacted] community. The addresses are [redacted]. We understand they are both investment properties.The homes in [redacted] are single family homes. The accounting work is done per home, not per owner. If an owner owns two units they received coupon books for two units. The units are not combined for accounting purposes. It is certainly possible for one home/account to have a credit balance while another owes dues.Ms. [redacted] stated in an email "When we closed two properties at [redacted], [redacted], last year, we have made an extra HoA payment to one of the two properties at the closing. We expected the additional dollars would be used as part of HoA dues for 2016." The extra payment was made on [redacted] The essence of Ms. [redacted]'s complaint is that the credit on [redacted]was not applied to the dues owed on [redacted].When [redacted] became delinquent CAS, on behalf of [redacted], sent a Reminder Notice to [redacted] & [redacted] Association, Inc.,[redacted], NC XXXXX on January 13, 2016. A Final Notice was sent on February 12, 2016 and on March 15, 2016 another letter was sent which included the required North Carolina statutory language "If the balance due is not paid in full within 15 days of the date of this letter, the Association will turn your account over for collection to the law firm of the Association's choice and you will be responsible under the Association's legal documents and North Carolina statute for the payment of the attorney's fees and costs incurred in the collection of the debt. No notice or letters were sent on [redacted]as that account had a credit balance.The [redacted] provides in Section 47F-3-116(e) that "The association shall be entitled to recover the reasonable attorneys' fees and costs it incurs in connection with the collection of any sums due."The account for [redacted] Street was turned over to an attorney for collection. At that point attorneys' fees began to accrue, and in April of 2016 the homeowner made payment.The Association did agree to waive $20 in late fees. The Association is not willing to waive the attorney fees' as that is a bill that the Association has had to pay to bring this account current. HOA fees have not been over charged. [redacted]still has a credit balance as a result of the payment made by the homeowner on that account. The owner's confusion and unreasonable assumption that a credit on one unit would be applied to a debt on a different unit does not constitute an error on the part of CAS or the Association. When the owner failed to respond to three written requests to bring the account current it was properly turned over to an attorney for collection and the fees charged by that attorney are legally owed and reasonably charged to the property owner.Consumer Response We can not accept CAS response of our complaint.Yes, we have two properties in the community, however, one of the two properties' HOA fees has been paid to through August 2016 (there were $433 balance sitting in the account), but CAS has sent us the payment request for this property and request the HOA payment from January 1 of 2016. This was wrong! They should NOT attempt to double collect fund as they did. And we have been called and called from the beginning of January 2016, but no one had help us, rather, they act rude and unprofessional, failed to provide proper information to resolve to issue they have generated.As they have mentioned: "It is certainly possible for one home/account to have a credit balance while another owes dues." But they did not do it, rather than threaten and bully us , yelled at our inquiry phone calls rather than check our accounts balances, then brought the attorney while we're trying to understand the details because they claimed the[redacted] is on their side. HOWEVER,[redacted] didn't permit them to attempt to double charge home owner's HOA fee, nor allow them to bully the home owner unreasonably and misuse their power to abuse the home owner.Again, we have $433 balance sitting in our account, according to their words "It is certainly possible for one home/account to have a credit balance while another owes dues." The $433 should be well covered both properties HOA to the end of April, to avoid the action of using and abuse the power, but they choose to get us in trouble, while they also wrongfully lied about:- The letters they sent - we have never received any letters nor any written requests they have mentioned in Feb. and Mar.- We have requested to review our case and to waive the attorney fees which was wrongfully made to us, we were told the next day that the Board had rejected our review request, but the fact was, there wasn't any Board meeting hosted of this regard, it was one or two person's hustle action. - When we requested to speak to the next level of the management of CAS regarding the trouble we have put into and seek the reasonable resolution, we were told: there wasn't no next level, and they're the highest level of the organization - The CAS association did send the wrong bill to us, but not allow us to figure the situation out, rather to blame us, the home owner has confusedThe [redacted] provides in Section [redacted] has also addressed: A lot owner may not be required to pay attorneys' fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees, costs, and expenses. As we have called 6 times to CAS in order to learn our account and the true payment due, we have never been notified the action, nor in writing.The unfair practices of CAS Association have not only brought to us troubles and difficulties, as well as unnecessary extra efforts as the home owner in the community.We again request to remove the unfair and unreasonable charges of the attorney fees and document process fees from our account, to bring our account to a clean state at we have already made full payments for both properties throughout 2016.Thank you.Final Business Response CAS did not double bill any accounts. Letters were sent to the last known address on the accounts. CAS does not have the right or obligation to move a credit balance on one account to a deficiency on another account. The homeowner did receive the required legal notice that their account was going to be turned over to an attorney and they would be responsible for attorney fees.The Association's Board of Directors is the Association's final authority. Boards have the ability to make decisions over email. Meetings are not always required. CAS does not have the ability to overrule a Board decision on whether or not to refund attorney fees. We work as an agent of the Board, we are not their supervisor.The problem may have been exacerbated by communication issues. We do apologize for the homeowner feeling they were not treated courteously. But, they were certainly not bullied or lied to.CAS does not have the legal authority to remove the attorney fees from the homeowner's account. Those fees were paid by the HOA and the right to receive reimbursement of the fees belongs to the homeowner association, not CAS. CAS does not receive any portion of the attorney fees.

the HOA not following nor enforcing the rules that are stated in the by-laws that are in place.My complaint is that renters have ben allowed to live in this community and trash it, and the HOA has not enforced any rules in the by-laws besides the ones that the members of the board have had issues with. I have attended the board meetings, and the annual HOA meeting, I have sent numerous e-mails to our community manager, and all I get are promises that things will get done, and thus far nothing has been resolved. All I want is to live in a community where the by laws are being followed.Desired SettlementI would like the HOA manager of this community to enforce the by-laws, and to hold every homeowner accountable for their renters violations. To treat every homeowner the same. It shouldn't be special rules for certain homeowners. If one has to submit certain documents then all homeowners should have to do the same if they don't have the documents on file. If someone is in violation of something they ned to be held accountable.Business Response /[redacted]/CAS is the management company for the community. As the management company our role is limited. We visit the property monthly and send violation letters to homeowners who are not abiding by the covenants of the community. This includes homeowners who rent their property. If the violation continues we recommend to the Board of Directors that a due process hearing be held. We do treat every homeowner the same. The Board of Directors of the community, a group of homeowners elected by the residents at the annual meeting of the association, makes the decisions on fines for violations, and decides whether or not to foreclose for the failure to pay fines or dues. The enforcement decisions are made by the Board of Directors, not by the management company. We are simply the Board's agent. We communicate the decisions of the Board.In the case description the homeowner recognizes that the HOA is responsible for enforcing the covenants. CAS is not the HOA, CAS is simply a contractor providing services to the HOA.Consumer Response /[redacted]/If the HOA is just management why can't they release the names of the board of directors so that homeowners can talk to the directly. Why is is such a secret to contact them. Why do we have to send correspondence to the HOA manager is there are not making the decisions. Why is the HOA manager doing the drive bys. And if the HOA is only there to do certain things why can't the homeowners get the contact name and number for the person who can make changes? I have requested several times to have the names of the board members and a contact email and I have gotten no response. If a homeowner is having a issue and the board is the only people who can solve it then why is there information private. They are residents in our community. Final Business Response /[redacted]/As mentioned, CAS is the board's agent. The individuals who serve on the board do not want to be contacted directly, rather they ask that any complaints be forwarded to the entire board by the Manager via email. That has been done. The board has reviewed every ARC request that has been duly filled out and submitted. The complainant has submitted an incomplete ARC request twice and has been notified specifically regarding what she needs to include to have her request reviewed.

Extended communication about issues but no action and also "patch work" done to appease the situation.CAS handles my community HOA money. [redacted] is the person who works for CAS that deals with our community directly.In 2012 I contacted her about my deck (that the HOA is supposed to maintain) about the rot, decay, and actual cracks and holes. I have an email trail that basically puts me off until now. Back and forth emailing about what CAS is responsible for but no action being taken. There is even an incident where I flagged [redacted] down in the neighbor hood, she came in to look at the deck, she stood for a sec, gave it a small bounce, then the deck CRACKED LOUDLY UNDER HER FEET!! That was Oct 2013!! Fast forward to two weeks ago I went above [redacted] and talked to her boss [redacted]). He got the contractor to come to look at the deck within the same day of me talking to him. The contractor only replaced the boards that had holes. He failed to replace the other boards that were decayed. [redacted] contacts me to ask if the work was complete. I let her know that the deck still had boards that were wildy decayed and I sent her pictures in an email. NO RESPONDS(surprise surprise). It was not until I told her that I will/may have to seek counsel that she responded saying that she sent the pictures to the contractor and we need to wait for him to respond. I have been down that road before (several times with her) This will turn into weeks and months until I finally get mad and contact her first. I have pictures and an email trail that backs everything that I have said and claim. It should not take more than a YEAR for the HOA to take care of a problem that is their responsibility. No one is telling me what is going on and we are heading into yet another spring with my deck decaying. I pay my HOA fees on time (early) I don't think I have high expectaions for the decayed boards to be replaced in a timely manor (less than a year) and I am still in this process.Please adviseDesired SettlementReplaced all the decayed boards.Business Response /[redacted]/Contact Name and Title: [redacted], VPContact Phone: XXX-XXX-XXXXContact Email: [redacted]@casnc.comCAS is the management company for Mr. [redacted]'s community. We take direction from the Board of Directors, which is elected by and consists of members of the community.The community has many homes with aging decks, and the Board of Directors, faced with a limited budget, made the decision to prioritize the repair of the elevated decks for safety reasons. Only elevated decks were being repaired in 2012 and for most of 2013. Mr. [redacted]'s deck is at ground level.After Mr. [redacted] contacted me last month I had the contractor go out to check the deck and the manager authorized repairs. The repairs made did not satisfy Mr. [redacted], and indeed they were insufficient, the contractor only replaced the worst of the decking.The contractor was told to properly repair the deck. Support beams in addition to decking were replaced and the homeowner should now be satisfied that the proper repairs have occurred.