Initial Business Response /* (1000, 8, 2014/07/29) */
Per Mr*** property manager and employee of Heil, Heil, Smart & Golee (HHS&G), the call to the office of HHS&G came in a little after 4:p.mMr*** did tell Mr***, the Homeowner, the plumber used by the Association would
not be sent out until the next day due to the Association not wanting to incur overtime charges if the plumbing problem was determined to be the responsibility of the Association and not of the Homeowner
According to Mr*** *** *** the maintenance man, received a call later that evening around 9:p.mfrom Mr*** about the plumbing problemPer Mr*** Mr*** stopped by Mr***'s unit the next morning, but Mr*** did not allow MrMoore to enter the premises
A determination was made that as neither unit nor unit had any plumbing issues due to the blocked pipe, the clog was in a pipe that was the Homeowner's, Mr***, responsibility to maintainAs such, the Association Board decided not to reimburse the Homeowner, Mr***, as that would set a precedent under which the Association Board would need to approve and reimburse other Homeowners for similar plumbing issues within their individual units
According to Mr***, he told the Homeowner, Mr***, that a check would be sent to reimburse him IF approved by the Association BoardAs the Association Board did not approve the reimbursement, no check was sent
After the Homeowner, Mr***, threatened litigation, Mr*** indicated that it seemed appropriate for any further dialogue on this issue be handled by the Association's attorney
Mr*** did provide the Homeowner, Mr***, with his supervisor's name and phone numberIt appears Mr*** did call Mr***'s supervisorHowever Mr***'s supervisor was out of the office at the time of Mr***'s call and Mr*** did not leave a message for Mr***'s supervisor
I have no knowledge of any fictitious names being given to Mr***
HHS&G is the agent for the AssociationHHS&G does not have the authority to request a reimbursement check to be issued from the Association's accounting/bookkeeping firm without approval from the Association BoardAs noted above, the Association Board did not approve the reimbursement so no check was sent to the Homeowner, Mr***
Initial Consumer Rebuttal /* (3000, 10, 2014/08/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Mr*** is a liar and so is the so called maintenance man who never responded to my unit during an extreme emergency which is unacceptableI did threaten legal action against Mr*** via email in late June but just as he has done with previous emails dating back to February, failed to respondThe Association board which was once headed by *** *** ***'s ex wife, is made up of cronies of his who never notified me of their decision to not reimburse me nor did Mr***I have documentation from *** *** that clearly states the problem couldn't be attributed to my negligenceThis building is known to have plumbing problems and you can smell the odor of sewage outside occasionallyMrMoore has knowledge of the association's assets and liabilities and pretty much over talks the other board members during monthly meetings with the few tenants who bother to show upYet his so-called company was contracted to do maintenance work while his wife sat on the boardI again am asking for my money to be reimbursed
Per 765ILCS ILLS 605/-3, If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and partially outside of the designated boundaries of a unit, any portions thereof SERVICING ONLY THAT UNIT SHALL BE DEEMED A PART OF THAT UNIT, WHILE ANY PORTION THEREOF SERVING MORE THAN ONE UNIT OR ANY PORTION OF THE COMMON ELEMENTS SHALL BE DEEMED APART OF THE COMMON ELEMENTSUnit owners are not liable for repairs outside of their units or common areas and per *** *** the clogged vertical pipe is shared by unitsSo under what grounds did the association deny my reimbursement requestv considering the above statue? Their plumber also never visited my unit
Final Business Response /* (4000, 13, 2014/08/14) */
Currently there is a difference of opinion between Mr*** and the Association Board as to where the plumbing blockage occurred
I have no comment on Mr***'s opinion of other individuals mentioned in his response
I am not aware of anyone attributing the plumbing problem to any negligence by Mr***
In the previous response, I indicated the Association Board's determination was the clog was in a pipe that was the Homeowner's, Mr***, responsibility to maintainThe Board has not changed their opinionI realize Mr*** does not agree with the Board's opinion
Article VII section D of the Association Declaration titled "Board's Determination Binding" appears to indicate that "...any question of interpretation of application of this Declaration or the By-Laws, the determination thereof by the Board shall be final and binding on each and all of such Unit Owners."
As stated in the previous response, HHS&G is the agent for the Association and as such, does not have the authority request reimbursement to the Homeowner, Mr***, without approval from the Association Board
Final Consumer Response /* (4200, 15, 2014/08/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Firstly, I would like the name of the plumber who reached the conclusion that I was responsible for the problem and the name of the company for which he is employedSecondly, If Mr*** company can't reimburse for the expense why did he say that the check would be sent out to me the following week upon his receiving a faxed copy of *** ***'s diagnosis of the problem and their receipt of payment? I have a copy of the faxed transmittal sent to and received by Mr***Lastly, how did a plumber hired to diagnose the problem do so without ever entering my unit? On the date in question *** ***'s Technicians visited both the unit directly above me and below me were inspected to determine the origin of the clogPrior to their arrival I had spoken to the owner of unit after warm water and dish washing liquid began shooting up out of my drainI asked her if she was washing dishes and she responded in the affirmativeI then advised her of the situation and requested that she not run water in her kitchen sink until the plumber arrived to repair the problemShe honored my request and let the plumbers I hired into her unit to inspect her pipes as wellI have information that other than my hired plumber only Mr*** the unlicensed jack of all trades visited any of the units to address the problemThat unit was I again am asking for the monies paid to be reimbursed to meThanks for your consideration in advance
Initial Business Response /* (1000, 8, 2014/07/29) */
Per Mr*** property manager and employee of Heil, Heil, Smart & Golee (HHS&G), the call to the office of HHS&G came in a little after 4:p.mMr*** did tell Mr***, the Homeowner, the plumber used by the Association would
not be sent out until the next day due to the Association not wanting to incur overtime charges if the plumbing problem was determined to be the responsibility of the Association and not of the Homeowner
According to Mr*** *** *** the maintenance man, received a call later that evening around 9:p.mfrom Mr*** about the plumbing problemPer Mr*** Mr*** stopped by Mr***'s unit the next morning, but Mr*** did not allow MrMoore to enter the premises
A determination was made that as neither unit nor unit had any plumbing issues due to the blocked pipe, the clog was in a pipe that was the Homeowner's, Mr***, responsibility to maintainAs such, the Association Board decided not to reimburse the Homeowner, Mr***, as that would set a precedent under which the Association Board would need to approve and reimburse other Homeowners for similar plumbing issues within their individual units
According to Mr***, he told the Homeowner, Mr***, that a check would be sent to reimburse him IF approved by the Association BoardAs the Association Board did not approve the reimbursement, no check was sent
After the Homeowner, Mr***, threatened litigation, Mr*** indicated that it seemed appropriate for any further dialogue on this issue be handled by the Association's attorney
Mr*** did provide the Homeowner, Mr***, with his supervisor's name and phone numberIt appears Mr*** did call Mr***'s supervisorHowever Mr***'s supervisor was out of the office at the time of Mr***'s call and Mr*** did not leave a message for Mr***'s supervisor
I have no knowledge of any fictitious names being given to Mr***
HHS&G is the agent for the AssociationHHS&G does not have the authority to request a reimbursement check to be issued from the Association's accounting/bookkeeping firm without approval from the Association BoardAs noted above, the Association Board did not approve the reimbursement so no check was sent to the Homeowner, Mr***
Initial Consumer Rebuttal /* (3000, 10, 2014/08/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Mr*** is a liar and so is the so called maintenance man who never responded to my unit during an extreme emergency which is unacceptableI did threaten legal action against Mr*** via email in late June but just as he has done with previous emails dating back to February, failed to respondThe Association board which was once headed by *** *** ***'s ex wife, is made up of cronies of his who never notified me of their decision to not reimburse me nor did Mr***I have documentation from *** *** that clearly states the problem couldn't be attributed to my negligenceThis building is known to have plumbing problems and you can smell the odor of sewage outside occasionallyMrMoore has knowledge of the association's assets and liabilities and pretty much over talks the other board members during monthly meetings with the few tenants who bother to show upYet his so-called company was contracted to do maintenance work while his wife sat on the boardI again am asking for my money to be reimbursed
Per 765ILCS ILLS 605/-3, If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and partially outside of the designated boundaries of a unit, any portions thereof SERVICING ONLY THAT UNIT SHALL BE DEEMED A PART OF THAT UNIT, WHILE ANY PORTION THEREOF SERVING MORE THAN ONE UNIT OR ANY PORTION OF THE COMMON ELEMENTS SHALL BE DEEMED APART OF THE COMMON ELEMENTSUnit owners are not liable for repairs outside of their units or common areas and per *** *** the clogged vertical pipe is shared by unitsSo under what grounds did the association deny my reimbursement requestv considering the above statue? Their plumber also never visited my unit
Final Business Response /* (4000, 13, 2014/08/14) */
Currently there is a difference of opinion between Mr*** and the Association Board as to where the plumbing blockage occurred
I have no comment on Mr***'s opinion of other individuals mentioned in his response
I am not aware of anyone attributing the plumbing problem to any negligence by Mr***
In the previous response, I indicated the Association Board's determination was the clog was in a pipe that was the Homeowner's, Mr***, responsibility to maintainThe Board has not changed their opinionI realize Mr*** does not agree with the Board's opinion
Article VII section D of the Association Declaration titled "Board's Determination Binding" appears to indicate that "...any question of interpretation of application of this Declaration or the By-Laws, the determination thereof by the Board shall be final and binding on each and all of such Unit Owners."
As stated in the previous response, HHS&G is the agent for the Association and as such, does not have the authority request reimbursement to the Homeowner, Mr***, without approval from the Association Board
Final Consumer Response /* (4200, 15, 2014/08/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Firstly, I would like the name of the plumber who reached the conclusion that I was responsible for the problem and the name of the company for which he is employedSecondly, If Mr*** company can't reimburse for the expense why did he say that the check would be sent out to me the following week upon his receiving a faxed copy of *** ***'s diagnosis of the problem and their receipt of payment? I have a copy of the faxed transmittal sent to and received by Mr***Lastly, how did a plumber hired to diagnose the problem do so without ever entering my unit? On the date in question *** ***'s Technicians visited both the unit directly above me and below me were inspected to determine the origin of the clogPrior to their arrival I had spoken to the owner of unit after warm water and dish washing liquid began shooting up out of my drainI asked her if she was washing dishes and she responded in the affirmativeI then advised her of the situation and requested that she not run water in her kitchen sink until the plumber arrived to repair the problemShe honored my request and let the plumbers I hired into her unit to inspect her pipes as wellI have information that other than my hired plumber only Mr*** the unlicensed jack of all trades visited any of the units to address the problemThat unit was I again am asking for the monies paid to be reimbursed to meThanks for your consideration in advance