Initial Business Response /* (1000, 5, 2014/04/15) */
Hawaiiana Management Company, Ltd(Hawaiiana) is contracted by The Mary Savio Medical Plaza at Newtown to provide accounting and administrative services including billing and collection of maintenance fees, fines, late fees and legal
fees
Contractually, Hawaiiana reports to the Board of Directors care of the Board President
Revdex.com Consumer has an obligation to pay maintenance fees as a buyer of the commercial condominium
Revdex.com Consumer has been billed from Hawaiiana since the property was recorded by escrow on June 21,
During the last months, Hawaiiana has billed owner using the address listed in their escrow documents
No mail has ever been returned to our office by the post office
On March 4, the Board of Directors authorized Hawaiiana to assess the delinquent owners late fees and have the attorney pursue the collections
On March 10, Revdex.com Consumer emailed Hawaiiana requesting to use the onsite office address
On March 11, address change was made by Hawaiiana
On March 21, Hawaiiana contacted Revdex.com Consumer and emailed the delinquent amounts due with late fees
On April 1, the Board of Directors approved a collection policy, a payment plan for Revdex.com Consumer and waived all late fees on Revdex.com Consumer's account
On April 2, 2014, Hawaiiana contract Revdex.com Consumer that payment plan was approved by the Board and that all late fees were waived
WE are puzzled why Revdex.com Consumer filed this complaint since the Board of Directors agreed to waive the late fees which were assessed to the account
We all wish Revdex.com Consumer well
All owners at this condominium are required
to maintain a homeowner’s insurance policy which covers the deductible portion
of any loss to an apartment
Because Revdex.com Consumer did not fulfill this
requirement to maintain a policy the deductible portion was uninsuredThis
claim is against the owner of unit C8, which was the cause of the loss
Although the responsibilities for the
deductible payments would not change, the loss was not caused by the failure of
the common plumbing line but by the plumbing in unit C
The first settlement payment for all losses
from *** *** total $The amount attributed to unit Cwas $
in the amount attributed to unit Cwas $Unit C4's loss was 34% of the
claim, which amounted to $This adjustment was less deductible and
depreciation*** *** will pay the depreciation upon receipt of a paid
invoice that justifies the additional payment
Mister *** claim is against unit C
and not the associationWhen paid invoices are provided to the Association, a
subsequent claim will be forwarded to *** *** to cover any depreciation
allotted to the claimThe association is the insured and will not authorize
direct payment to the owner
Complaint: ***
I am rejecting this response because:
"Revdex.com Consumer expects the association to reimburse him for the total amount of the losses sustained however, association is not responsible for the deductible portion of the claim." Why am I supposed to pay the deductible part of the claim when I did not cause the damage? I spoke with Insurance Agent for the Unit Cwhich caused the damage, *** *** *** *** Company of Hawaii and he stated that his insured Cwas the cause of the damage so *** *** Company was going to be taking care of the $5,deductible Are you saying the $that I am asking for is my portion of the deductible? If *** *** of *** *** Company of Hawaii is paying the $5,deductible for damages caused by his insured unit Cwhy do you need my $as a deductible? That would give you $5,for a deductible that is $5,
"When the claim was adjusted, the proceeds were distributed between the owners of the damaged apartments less their share of the deductible based on the total percentage of lossesUnfortunately, Revdex.com Consumer, in violation of the association's policies, has failed to obtain the required homeowners insurance which would have covered the deductible portion of the loss." Why would my insurance have to pick up the cost of the deductible if this was not my units fault? Are you saying that this incident was caused by the buildings leaking pipes which is to be taken care of by the master policy? The damage was caused by Units Cleaking sink"Revdex.com Consumer has been informed that *** *** will consider additional funds to cover the depreciated value of the loss upon receipt of paid invoices for the repairsTo date, according to the Association's records, Revdex.com Consumer has not yet provided any additional invoices." I have not started construction or the purchasing of materials because the matter of $has not been resolved yet I am a school teacher I do not have a lot of money I am barely making ends meet Before I start anything I want to know exactly how much I am going to be getting In my complaint to the Revdex.com I have asked this "I have asked that Hawaiiana write a letter to *** *** Agent *** *** on my behalf stating that upon proof of receipts for items purchased towards construction materials that a check be cut straight to me instead of going to HawaiianaI requested the check be cut straight to me because of all the aforementioned problems with Hawaiiana's handling of this current insurance settlement." This question has not been answered to this date *** *** Agent *** *** stated this is not a problem and could be done
In closing I think that Hawaiiana maybe looking at the old pay out sheet. *** *** was originally going to give me less money and then they rechecked and released a 2nd pay out sheet if you are referrencing the old then maybe that is why the difference of $is still unresolved *** *** of *** *** Company of Hawaii who insures unit Cstated that he was going to be taking care of the $5,deductible to the Associations master policy because it was his unit who caused the damages If this is incorrect and Hawaiiana is saying that *** *** is no longer covering the $5,for the deductible please let me know this as I will be asking them to cover the what Hawaiiana says I should owe for the deductible Could Hawaiiana come out with a worksheet detailing how they came up with the number $that I owe for a deductible it seems pretty arbitrary If Hawaiiana could provide a worksheet on how they figured out I owe $for my portion of the deductible it would certainly make it a lot easier for the consumer to understand why they have to pay this amount of money Can Hawaiiana consider writing a letter to *** *** Agent *** *** as previously asked If you can understand what I have been going through since last February to get this whole insurance claim taken care you will understand why I am weary of having moneys due to me sent to Hawaiiana as the process has been extremely slow and frustrating
Sincerely,
*** ***
Initial Business Response /* (1000, 9, 2014/04/16) */
Hawaiiana Management Company, Ltd(Hawaiiana) is contracted by the Condominium to serve as Managing Agent
Contractually, Hawaiiana reports to the Board of Directors care of the Board President
The Revdex.com Complaint is from a rental
agent representing a unit owner who had no homeowner insurance
Revdex.com Consumer is seeking reimbursement of $to cover a claim which is not the responsibility of the condominium Association
There was a water leak from a clogged drain and cracked drain pipe in the unit directly above Revdex.com Consumer's
It is clearly disclosed in the House Rules and in writing annually to every owner that the unit owners are responsible for all pipes which exclusively service their unit, even if the pipe is concealed behind a wall (see attached house rules pages & 10)The pipe in question was the drain pipeAs such, this was not the responsibility of the Condominium
Hawaiiana has explained to Revdex.com Consumer that these items are not covered by the association and are the responsibility of the unit owner where the leak originatedRevdex.com Consumer stated that his client, the unit owner did not have insuranceHomeowner insurance is required at this building and it is each condominium owner's responsibility to purchase and maintain this coverageRevdex.com Consumer advised that he was aware of the requirements but that his client, the owner did not wish to purchase it
The Board denied the reimbursement request because the damage was caused by another unit and not the associationHad the owner carried the homeowners insurance required by the association, the loss or rent and upgrades would have been covered by his policyAttached is a copy of the annual letter which specifies that:
INSURANCE REMINDERSThe association maintains insurance to cover the cost of damages caused by common elements to the building and to limited sections of the unitsAll owners should be aware that when there are damages that originated from a unit (i.ewater, fire, injuries, etc), the cost of the deductible (currently $5,per occurrence) is the responsibility of the owner of the unit that caused the damagesIn addition, most of the damages that occur inside the units (i.eupgrades, electronics, furniture, loss of use/rent, etc.) are not covered by the association's policyALL OWNERS AT THE WAIKIKI MARINA ARE REQUIRED TO CARRY THEIR OWN HOMEOWNER'S INSURANCE (known as a HO-policy) to cover their apartment, damages or injuries caused by the failure of items in their apartment such as fixtures, plumbing, electrical, appliances, actions of their residents, guests, upgrades that were made to the unit and the building's deductibleSome owners may wish to carry additional coverage such as loss or use or rentPlease take this letter to your insurance agent and discuss your individual needs with them to be sure that the coverage you have is right for youIf you do not have a homeowner's policy, please call your insurance agent and obtain one as soon as possible
It is strongly recommended that the Agent work with the owner to secure the mandated insurance coverage
Initial Consumer Rebuttal /* (2000, 11, 2014/04/18) */
(The consumer indicated he/she ACCEPTED the response from the business.)
This is a perfect example of the reason for the complaintIt takes a third party complaint process for the this management company to effectively direct an owner with a problemProbably would have taken only a few minutes to point out that the responsibility for the internal drain pipe was the apartment which was served by itInstead we were led to believe that it was a building responsibilityAs a result we settled with the insurance from the upstairs apartment thinking there was a cause for damages from the buildingHad we known these items would be the apartment above we could have made our claim to themAs a result, the property manager and the Board caused the owner a significant lossThe property manager should have been forthright in making sure we had the proper information promptly to settle our claim
The good news we have obtained the required insurance
Once response that is neither accurate nor honest1. The Consumer complains that a violation fine has been imposed without validation Numerous complaints were received from neighbors regarding excessive noise from Consumer’s unit on May 2, 2015. A letter was sent to the Consumer regarding said House Rule infractions on May 15, with a $fine. The Board waived the $fine as a courtesy to Consumer with the agreement that Consumer’s tenant will not cause further noise violations. In July additional complaints were received therefore another letter is sent with a fine of $The Board has a written complaint from a neighbor of said unit. The same Neighbor in his written complaint states that he had spoken to Consumer directly about the excessive noise Answer: They failed to tell you that they lied in the initial complaint regarding a "decibel limit" that was broken Also as of this moment, not letter has ever been shown to validate their claim2. The Consumer states that he has sent numerous emails, letters, and phone calls requesting a meeting and Consumer was not given the opportunity to meet. A meeting was set up in August for the Consumer to appeal the fine in person. Consumer failed to show up to the meeting after having had agreed to a time, date, place. Consumer has threatened Board Members with legal action and intimidates them with his irate conduct demanding the Board waive the fine again. The Board members feel that since they continue to receive complaints from neighbors regarding the Consumers tenants they will not waive fine a second time. The Consumer is demanding an appeal meeting and to video-tape such meeting. The Board has tried to be reasonable and fair and has been advised that they aren’t required to allow video-taping of the appeal meeting Answer: They once again lied in writing I have pasted an email dated October 23, 2015, directly from John K*** of Hawaiiana Management and Gene P*** also of Hawiiana Management was tagged in it and he clearly states in the email that the only meeting I would be offered would be on "November 5th", but no recording would be allowed The reason I want a validated recorded meeting is due to the lies that are told, even to you, and no documentation given to substantiate any claim at the dated time of the offenses for which I was fined
Also, never have I threatened legal action Ask them to validate their claims and they will not be able toI believe the board has been anything but reasonable Shady Deceptive Unneighborly These are just a few of the words I would use to describe the Board at *** *** in Mililani I have all of the emails documented to prove my case, but once again, just look at the emails I attached as both John K*** and Gene P*** clearly state that the meeting was offered months later than they just claimed in a written response to the RevDex.com , which means they have just tried to deceive you with information, which would either make them incompetent at best, or they have tried to corrupt the fact with lies which is my position
Complaint: ***
I am rejecting this response because:
After many phone and e-mail complaints, Hawaiiana Management Company has e-mailed me a Disclosure letterThis letter does not address what my property's buyer's lender is requesting, which is, quote,
“We are going to have to have actual documentation as to what this litigation is about and know what stage of the legal course it is in, before we can even try to unravel and see if it will be ok with ***. There should be court documents that can be suppliedThere must be some sort of documentation or something that is currently available for us to review on this litigationThe current status and outcome of this situation will determine whether or not this condo project is warrantable and whether or the loan will be resalable due to this pending litigation/mediationWithout any type of formal written documentation in regards to this, we cannot proceed with closing this transaction.”
Additionally, it does not explain the anotation on the condo documents provided by Hawaiiana to Escrow
Sincerely,
*** ***
1. Hawaiiana Management Company, Ltd(“Agent”) serves as the
condominium association managing agent for the Association of Apartment Owners (“Association”)
2. Under Agent’s contract with Association, Agent is contracted to “respond as appropriate to queries from individual owners regarding their personal accounts or general Association matters.”
Revdex.com Consumer is asking agent to address a yard maintenance issue and waive a fine imposed on Revdex.com Consumer's account for a rule violation
4. Agent is the managing agent for the Association and does not participate in the Association’s Board’s decision makingIn communicating with owners, Agent follows the instructions, and communicates the decisions of the Association’s Board of Directors
5. It is suggested that Revdex.com Consumer please direct requests to the Association's Board of Directors. Thank you very much
Aloha [redacted], [redacted] [redacted] is the property my condo is #[redacted]. The address there is [redacted]. I initially discovered the interior damage on September 7th 2014 and reported it to our Resident manager and took photos that same day. Initially I was not directly in contact with Hawaiiana Management but after not getting any corrections made or repairs scheduled they were who I was told to contact if I wasn't getting the desired results through the Resident Manager. Mr. [redacted] was our property rep at that time and was of little to no help at all. Ms. [redacted] took over our property for Hawaiiana in the middle of last year and introduced herself as our "Liaison" to facilitate closure and handle communication etc. as the Resident manager was non responsive to me. So I have and still currently send emails to Ms. [redacted] at Hawaiiana and now her response are strictly acknowledgement of a received message. No answers suggestions or direction of any kind and in fact I have been told I can not approach or in any way have contact with ANY employee or persons from Hawaiiana and/or [redacted] Management. I have requested both ver[redacted]y and in writing various documents to learn what is being discussed or considered as a resolution or responsibilities. Specifically quarterly reports of the Resident manager, All Meeting minutes that are NOT currently posted on our website. Current/ Revised Bi laws, Declaration, specific contracts and maintenance expenses, invoices and estimates and in fact submitted them last month using the DCCA/RICO form and hand delivered this to there [redacted] office on February 23rd and did not receive ANY response or acknowledgement of any kind. I am in the process of filing the official complaint follow up to that request as we speak. This has been and continues to be a financial burden for me as well as significant mental stress and anxiety as a result of This water intrusion issue that is almost 2 years old. I hope this is adequate and comprehensive enough for you to understand. Please let me know if there is anything else I can do. Thank You, [redacted]
Worst property management company I've ever dealt with in my 30-plus years of Real Estate. Rude and sometimes offensive staff including and especially Casey and Mark U[redacted]. They're more concerned about placing blame and making excuses than fixing problems.
Complaint: [redacted]
I am rejecting this response because:
Once again, they are lying by only telling the half of the story that they want you to hear.
I received Exhibit A and Exhibit B, both of which I am contesting, and both of which have no validation. John K[redacted] has even told me that Exhibit A was based on a lie as no "decibel limit" was proven broken as no decibel reader was used to obtain a reading to validate this claim. He said he made up the "decibel limit" claim and that's why they didn't actually assess the fine because it was based on a fabrication that had no validity. I was told I could have a meeting to contest the matter within Exhibit B, along with my tenant face to face with the person who filed the complaint, and with the Board of [redacted] and Mililani. What they submitted as Exhibit C is only part of the email conversation . . . What they failed to tell you is that the meeting was set with myself, my tenant, John K[redacted] of Hawaiiana Management Company LTD and a member of the Board of [redacted] in Mililani and the neighbor who lodged the complaint for 10:30 am on August 31st. BUT WHAT THEY FAILED TO TELL YOU IS THAT THEY ARE THE ONES WHO CANCELED THE MEETING ON AUGUST 31ST AT 10:30 AM BECAUSE "The neighbors of your unit informed me they do not want to have a meeting. They just want to keep the peace, and don't feel the need to have a meeting.", WHICH IS IN AN EMAIL FROM JOHN K[redacted] DATED AUGUST 25TH! (Please see the emails following my response for validation of the truth and not the deception they have given to you by only sharing part of the evidence)
They are the ones who canceled the meeting and once again never afforded me what was promised to me in order to contest my case. I find it amazing that they left this information out on purpose seeing that it was within the same email chain that they submitted as Exhibit C! They selectively edited documentation in order to deceive you which is what I am claiming they have done all along! This is not only lying, and deceitful, but a fraudulent covering up of the facts and this is why they need to be held accountable to the greatest degree!
I have many more emails and we can keep this back and forth going as they continue to lie to you as I have already proven on several occasions. Or, we can set up a meeting that is recorded and validated with a mediator and all of the facts can be placed on the table and we can come to a conclusion that is accurate because it's based on facts and truth, not deceptively manipulated emails like the ones just submitted to you. I once again ask for the Revdex.com's help in bringing this matter out into the open so that all of the tenants may see the deceptive manipulation that occurs within Hawaiiana Management Company LTD and [redacted] in Mililani so that others do not have to endure the harassment and attacks against their character as I have.
[redacted]; I am the Management Executive managing [redacted] for Hawaiiana Management. Can you please provide me with the owner who is complaining that they can't get their addresses changed. Every owner who emails me, or calls me I send them the attached document. This document must be completed and signed by the owner, who is on file in our system here at HMC. I personally have at least 1 address change request per week. This issue can be resolved immediately, if the owner provides us with the required information. We cannot change an address in our system without their signature. This is to protect the owner. Mahalo Gene P[redacted] Director, Management Executive Hawaiiana Management Company, [redacted]
[redacted]
[redacted]
Hawaiiana Management Company, Ltd. (Hawaiiana) serves as managing agent for [redacted]. In response:
1. The Consumer complains that a violation fine has been imposed without validation.
Answer: Numerous complaints were received from neighbors regarding excessive noise from Consumer’s unit on May 2, 2015. A letter was sent to the Consumer regarding said House Rule infractions on May 15, 2015 with a $50 fine. The Board waived the $50 fine as a courtesy to Consumer with the agreement that Consumer’s tenant will not cause further noise violations. In July 2015 additional complaints were received therefore another letter is sent with a fine of $50. The Board has a written complaint from a neighbor of said unit. The same Neighbor in his written complaint states that he had spoken to Consumer directly about the excessive noise.
2. The Consumer states that he has sent numerous emails, letters, and phone calls requesting a meeting and Consumer was not given the opportunity to meet.
Answer: A meeting was set up in August 2015 for the Consumer to appeal the fine in person. Consumer failed to show up to the meeting after having had agreed to a time, date, place.
Consumer has threatened Board Members with legal action and intimidates them with his irate conduct demanding the Board waive the fine again. The Board members feel that since they continue to receive complaints from neighbors regarding the Consumers tenants they will not waive fine a second time.
The Consumer is demanding an appeal meeting and to video-tape such meeting. The Board has tried to be reasonable and fair and has been advised that they aren’t required to allow video-taping of the appeal meeting.
Aloha, Hawaiiana Management Company received the attached complaint. Hawaiiana manages more than 600 associations. It would be very helpful to know what Association Mr. [redacted]'s complaint pertains so we can do research.Thank you. Respectfully ,...
Initial Business Response /* (1000, 5, 2014/04/14) */
Hawaiiana appreciates the feedback from Revdex.com Consumer.
An insurance adjuster inspected the damaged to the carpet, but a claim was not filed because the insurance adjuster reported that the damage appeared well below the insurance...
deductible of $5000.
The Board of Directors approved replacing the damaged carpet and the Revdex.com Consumer was informed of this.
We wish Revdex.com Consumer well.
Initial Consumer Rebuttal /* (3000, 7, 2014/04/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
None of my original inquiries have been acknowledged or responded to. The issue is not the damage to our unit, as expressly stated above, but the lack of communication from the assigned manager. I understand if you don't have the answers to, or don't understand my inquiries, and I will be happy to work with you if that is the case. Please just respond.
Final Business Response /* (4000, 10, 2014/05/01) */
Hawaiiana appreciates the additional feedback from Revdex.com Consumer.
An insurance adjuster inspected the damaged to the carpet, but a claim was not filed because the insurance adjuster reported that the damage appeared well below the insurance deductible of $5000.
The Board of Directors approved replacing the damaged carpet and the Revdex.com Consumer was informed of this.
It is the Board's understanding that Revdex.com Consumer DOES NOT wish to have the water damaged carpet replaced.
As such, the Board of Directors has closed this incident.
The Hawaiiana Management Executive has made communication with Revdex.com Consumer.
Accordingly, a letter was prepared today to inform Revdex.com Consumer that this incident is considered closed.
Letter is being sent via Certified Mail and email to Revdex.com Consumer.
Hawaiiana wishes Revdex.com Consumer well.
1. Hawaiiana Management Company, Ltd. (“Agent”) serves as the condominium association managing agent for the Association of Apartment Owners of [redacted] (“Association”). Under Agent’s contract with Association, Agent is contracted to “respond as appropriate to queries from individual owners regarding their personal accounts or general Association matters.”
2. Revdex.com Consumer wrote in his complaint, “[redacted] is the property my condo is #[redacted].” However, according to Agent’s records, #[redacted] is owned by other party(ies). In accordance with the Association’s By-laws, when ownership of a unit in [redacted] changes, copies of the change in ownership documents should be provided to the Association’s Board and a fee, currently $330, should be paid. (The relevant language is in Section 7, Article IV of the Association’s Bylaws and reads: “In connection therewith every apartment owner shall promptly cause to be duly recorded or filed of record the deed, lease, agreement of sale, assignment or other conveyance to him of such apartment or other evidence of his title thereto and shall file a copy of such document (s) with the Board of Directors through the Secretary or the Managing Agent.”) To date, neither the Owner(s) of record of #[redacted] nor the Consumer have provided any change in ownership documents for #[redacted] to Agent.
3. On March 8, 2016, a letter and deed for a storage locker and an office was received by Agent from Consumer’s attorney, [redacted] of [redacted]. The letter mentioned Consumer’s ownership of #[redacted], but no unit ownership documents were provided. As such, #[redacted] is still listed under the other party(ies).
4. Consumer has made several demands for information from Agent. Agent initially did not respond to Consumer’s demands because Consumer was not an owner of record with a right to receive the requested documents. After receipt of the March 8, 2016 letter, Agent provided Consumer with a list of documents available via either hard copy or for viewing, along with a copy of the section of the Hawaii State Condominium Law (Hawaii Revised Statutes Section 514) that sets out what documents condominium owners are entitled to receive copies of.
5. Agent requests that Consumer please promptly provide the recorded unit #[redacted] deed or other conveyance document along with a transfer fee of $330 made payable to Hawaiiana Management Company, Ltd. to update the Association’s record of ownership of #[redacted].
6. With respect to any complaints Consumer may have with respect to #[redacted], note that Agent is the managing agent for the Association and does not participate in the Association’s Board’s decision making. In communicating with owners, Agent follows the instructions, and communicates the decisions of the Association’s Board.
- [redacted] has communicated with Revdex.com Consumer to acknowledge that she was correct about the website - [redacted] will have on-line access available by the end of September 2016 and inform Revdex.com Consumer. - Revdex.com...
Consumer was informed that the master [redacted]tion has no role or control over the operations of the condo [redacted]tion, and that the quarterly dues paid to the master [redacted]tion through its agent does not cover any of the maintenance or operational expenses of Revdex.com Consumer’s condominium [redacted]tion. - Revdex.com Consumer was sent a copy of the current year condo [redacted]tion operations budget, reserve plan and cash flow plan to provide information about the purpose and uses of monthly maintenance fees and the financial health of the condo [redacted]tion - Revdex.com consumer was invited to contact [redacted]’s designated m[redacted]gement executive and provided with his name, contact information. - [redacted] wishes Revdex.com Consumer well.
Hawaiiana Management Company serves as condominium managing agent for a Condominium Association where Revdex.com Consumer owns a unit. The referenced insurance claim was filed and the Association insurance company's adjustment was made for the damage to the three apartments less...
deductible and depreciation. Mr. [redacted] proportional share of the adjustment was sent to him on September 18, 2014. An additional adjustment was provided by [redacted] on October 29, 2014. This amount was for damages to Revdex.com Consumer's apartment and was forwarded to Revdex.com Consumer on December 5, 2014. Revdex.com Consumer expects the association to reimburse him for the total amount of the losses sustained however, association is not responsible for the deductible portion of the claim. IMPORTANT----The association requires all owners to maintain homeowners insurance to cover losses to their apartment not covered by the association's master insurance policy. The association carries insurance which covers the common elements and the as built portions of the apartment with a deductible of $5000per loss. When the claim was adjusted, the proceeds were distributed between the owners of the damaged apartments less their share of the deductible based on the total percentage of losses. Unfortunately, Revdex.com Consumer, in violation of the association's policies, has failed to obtain the required homeowners insurance which would have covered the deductible portion of the loss. Revdex.com Consumer has been informed that [redacted] will consider additional funds to cover the depreciated value of the loss upon receipt of paid invoices for the repairs. To date, according to the Association's records, Revdex.com Consumer has not yet provided any additional invoices. We recommend that Revdex.com Consumer comply with the association's policy of maintaining homeowners insurance and stand ready to receive Revdex.com Consumer's paid invoices for repairs related to this claim. [redacted], CPM(R), R
This message is in response to your letter dated January 26, 2016. We represent Hawaiiana Management Company, Ltd. ("Hawaiiana"), the managing agent of [redacted] ("[redacted]"), with respect to the complaint lodged by [redacted] (the "Consumer") against Hawaiiana. As managing agent, Hawaiiana implements decisions made by the [redacted] Board and does not unilaterally make decisions such as the imposition of fines or the dates of meetings of the [redacted] Board. These decisions are made by the [redacted] Board and Hawaiiana, as part of its management of the property, implements these decisions.In your letter, you request a copy of the letters to Consumer that were sent in May 2015 and July 2015. It appears there was an inadvertent error with regard to the date of the May letter, which should have been May 5, 2015. The letter is attached hereto as Exhibit "A." Please also find attached as Exhibit "B" the letter dated July 23, 2015 to Consumer.Additionally, you request documents demonstrating Consumer's acceptance of the August 2015 meeting. Please find attached as Exhibit "C" the e-mail string regarding this meeting.In closing, Hawaiiana is the managing agent for [redacted] and has not participated in the decision making, but rather communicated the decisions of the [redacted] Board to the Consumer. [redacted]'s bylaws and rules are intended to protect the use and enjoyment of the community by all owners, including Consumer; and [redacted] ** [redacted]
Revdex.com of Hawaii February 3, 2016Page 2Hawaiiana is merely the property manager charged with facilitating communication and management between residents, owners, and the Board of [redacted].If you have any further questions or concerns, please feel free to contact the undersigned.
Initial Business Response /* (4000, 9, 2014/03/19) */
This is in response to a complaint against Hawaiian Management Co., Inc. ("HMC") by Mrs. [redacted], one of the owners of Unit [redacted].
HMC is the managing agent for the AOAO Palm Court. It cannot take any action independent of...
its principal, the Board of Directors for the AOAO. The issues raised by Mrs. [redacted] have been responded to by both the Board of Directors and the attorney for the AOAO. HMCI simply relays what the Board and the AOAO's attorney recommend with regard to the issues complained of by Mrs. [redacted].
The issues raised by Mrs. [redacted] have been addressed by the Board of Directors for the AOAO, and its attorney. This issue was first brought to the Association's attention when Mrs. [redacted] and her husband acknowledged that they were trapping cats. This caused a problem in that the Board did not authorize this trapping, and since the trapping was occurring on areas administered by the Board, the AOAO's attorney sent the letter dated January 7, 2014 demanding that Mrs. [redacted] and her husband stop trapping cats, and if they wanted to implement any such program, they needed the authorization of the Board. This letter is attached to the material submitted by Mrs. [redacted].
In response to this demand, and in an attempt to address the issues raised by Mrs. [redacted] and her husband, the Board and its attorney made it clear that the Board would be addressing any complaints about anyone's cat being a nuisance, and this had to be brought to the attention of the Board. No one owner could "take matters into their own hands" as the Board had to respect the rights of pet owners and those that did not approve of pets.
In an effort to address the "health and safety" issues raised by the [redacted]s and balancing the rights of pet owners, the Board approved at the cost of the association, to power wash the [redacted]s' lanai and to purchase cat rdant mechanisms so that they could be installed in or about the [redacted]s' lanai so as to reduce the alleged issues in connection with the cats. Pursuant to this authorization, the association at its sole cost has power washed the [redacted]s' lanai twice and is in the process of purchasing the cat rdant mechanisms, and once received they will be installed.
The Association has also spoken to the owners of the cats, that have since been identified as "comfort animals" and is working to reduce any confrontations between these owners. It is the goal of the Board to balance all owners' concerns and attempt to create an environment that allows for all owners to "get along" and allow pet owners and none pet owners to live together in a manner that is fair and equitable to all.
It is unfair for Mrs. [redacted] to attempt to characterize HMC's efforts as "taking sides" as HMC takes direction from the Board majority, and does advise the Board on all issues, including this one. However, here there are others that are involved in counseling the Board, including the AOAO's attorney - for rules enforcement and guidance - and we have to address potential Fair Housing issues.
We thank the Revdex.com for giving us an opportunity to explain "our side of the story". We are Hawaii's largest professional management company and we pride ourselves in doing a good job, fair job and guiding our Board's in fulfilling their fiduciary duties to the owners of all associations. If you need any further information, please let us know. Thank you.
Initial Consumer Rebuttal /* (4200, 11, 2014/03/31) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Thank you for taking time to read my request and documents.
I really appreciate your response to try to solve these problems.
First, I would like to share with all Revdex.com Hawaii business and consumers that I have been having a wonderful experience with the Hawaiiana Management Company (HMC) since I moved here from Japan 9 years ago.Where I lived, before this the Palm Court property, I had seen 4 of the Resident Managers(RM) and 2 of their Managing Agents and other staff. And, I do agree that all of them were doing a very good job, fair job.
Also, I have met (and some became very good friends later) probably more than 10 people who own units where HMC manages. 3 of them were/are the President of the Board, one of them owns 8 units and all of them are always happy with HMC's job.
I have experienced before, where I lived as a renter, when I had a request, question, complaint, concern, etc., I just needed to contact the RM and they always worked very quickly. If there were anything they could not do by their decision, they always went to talk to the Board Members and gave me an answer. I never really needed to talk to the Managing Agent directly, but this time we did not have a RM and the Directors of the Board were not allowed to talk about cat issues until the next meeting (March 19).
So I had to contact the Managing Agent and my request was denied because she says "All request needs to be made to the Board of Director's in person or by writing."
The new RM from this March is always working hard and busy; the admin lady who helps people in the office is always friendly; all workers who maintain this property work hard.
Second, let me make apology for the confusion about my date from my emails that I provided as a support documents. As I explained to the Revdex.com staff, my email account is set to Japanese time.
Also, let me apologize for accusing HMC for taking the side of the cat owners without providing enough evidence.
My first language is not English, so I might be making mistakes to write emails or/and request. If you have any questions, let me know.
I understand it must be very hard to write the response knowing that my request letter was very long and I had many documents to submit. I also imagine that all of you are busy for general work and it must be hard to take enough time to interview the Managing Agent of Palm Court to write your side of the story.
Reading your response made me believe that the person who made this response was not the Managing Agent I was emailing or any of the staff I met, because there are many misunderstandings and misinformation that are not correct.
So, it is too bad, but simply, I am not happy and I cannot accept HMC's response.
From the beginning, I am not one of the owners of 29U. "I am owner of Unit 28U"
Also, this issue was not first brought to the Association's attention when my husband and I acknowledged that we were trapping cats. As you see on the the Association's Attorney's letter on January 7, my husband brought this issue up as an ongoing problem in Sep. or Oct. 2013, or earlier than that time. My husband mentioned to the Board that feral cats were - and still are now - coming to our private lanai area and urinating and spraying on our children's stuff (e.g., stroller, wagon, snack table and chair, toys, plants, door, etc.); we believed that there were feral cats causing this problem because this Palm Court property has Bylaws that do not allow pets, even cats, to roam without their owners.
We did not trap cats where we needed to have Board authorization, we trapped cats on our own property. We even talked to the Hawaiian Humane Society and Honolulu Police Department to make sure we trapped cats with a humane and legal way.
About the gate installation, power washing the lanai, and purchasing cat rdant mechanisms, it was not an effort to address the "health and safety" issues raised by me; and also I never heard of the reason of "balancing the rights of pet owners".
These were to take responsibility for the damage on my property that was made by lack of the Managing Agent and the Board of Directors supervising skill for the former RM.
The Managing Agent and the Board were aware that the former RM was not doing his job right, and he was getting warning 3 times (and he was fired at end of January 2014). On January 15, 2014 meeting the Management Agent and the Board found out that they had never received my complaints about cats since July 2013 to January 15, 2014 until I asked them how they were handling my complaints.
According to my husband, who is one of the Board members, at January 29, 2014 committee meeting, the President of the Board made a clear comment that if the former RM was doing his job right, my problem was solved long time ago.
At same time the Association Attorney suggested to the Board to take responsibility for the damage to my property made by delay of the Former Manager's work. This was not my request, and my husband did not vote for the Attorney's idea but all other Board Directors did vote to agree.
The gate was installed because the President of the Board made the comment that if they (cats) see it (the gate) they do not come up. The power wash (only once actually) was done to clean the damage to my property that was caused by cats.
I did not know about the process of purchasing the cat rdant mechanisms and I did not know why it was taking so long to receive it if it was decided at the same time ,2 months ago, and I wanted to see the order information and the reason of the delay for delivery. (But the New RM came last week, March 28, and installed it.)
I am very thankful for the Managing Agent and the Directors of the Board to admit their mistake as a supervisor of the Former RM, and I am very thankful that they are, even temporally, trying to ease the damage to my property.
Also, the Attorney made it clear that these solutions were only for temporary, not permanent. I did not hear from anybody, my husband and other Board Members, that this was for "balancing the rights of pet owners".
The Bylaw Article IX General Provisions Section 2. Restriction on Pets (2) says "Except for dogs used by visually impaired persons or hearing impaired persons, no animals shall be allowed on any common element expect in transit when carried or on leash and, in any case, no animals shall be allowed in any part of the recreation areas, or parking areas." which, I believe, means there is no "right of pet owners" to roam their cats, comfort pets or otherwise.
Also, I did not get lanai power washed twice, it was only once.
Again, I do believe you (HMC) have your side of story, and I do know that I am not perfect, so, if you have any document that proves any of the above corrections is wrong, please provide me the documents.
Also, I am requesting the legal document that says "All request needs to be made to the Board of Director's in person or by writing.", please provide me with that document too. And one more document I am requesting is any written legal document that says the Board of Directors can make Policies that go against the Bylaws; which was said by the Managing Agent at the January 15, 2014 meeting to make a new policy to allow residents roam cats.
As you see from previous documents, all I am asking is to have healthy, safe property.
I am not trying to take anybody's pet away, as long as they keep the pet inside by following the Bylaws; and the owner of 29U agreed to have some limit at the Committee meeting on 1/29/14.
According to the Managing Agent's email on 3/3/14, the Board was going to discuss the issues I mentioned in emails to her at an up-coming Board meeting on March 19th (2014). I have not gotten any response form the Board, the Managing Agent, and/or the RM since that meeting. Did the Managing Agent give anybody any Direction or suggestion to give me follow up whether they made any decision or not?
I do not know what other people expect when they email or call, but I expect to get response back every single time, especially when I am paying to get a service. It is too sad that I did not get many responses back so many times and I am not getting any follow-up; this made me disappointed about the Managing Agent and HMC.
But I still would like to understand if there were any reason for the Managing Agent that she was not able to respond. If she is so busy that she can not make 100% response, follow-up, communication, with her customers (I talked to some other Board Directors and there were comments about her that she does not respond back 100% and that they are not happy with her), do you think you can have somebody else for this property from the HMC and not let her work too hard more than she is able to do?
Please let me know what HMC exactly can do to help this situation.
Thank you.
Final Business Response /* (4000, 14, 2014/04/14) */
There seems to be a misunderstanding of Hawaiiana Management's role in this matter regarding Mrs. [redacted]'s (owner of Unit 28U) complaints regarding cats and related issues. Hawaiiana is the managing agent. It advices the Board on issues that are brought to its attention, and Hawaiian also provides oversight of the resident manager.
The cat related issues complained of by Mrs. [redacted] were brought to the attention of the Board. It is up to the Board to then direct Hawaiiana. Hawaiiana cannot take a position that is contrary to its principal the Board, and can only advise the Board. Ultimately if Mrs. [redacted] has problems with the resident manager, cats or any other issue, she has the right to bring these matters to the attention of the Board. We only suggest that this be in writing so that there is no confusion or misstatement as to her complaints.
The Board for her project has been attempting to address Mrs. [redacted]'s concerns. She and her family have not been ignored.
In response to some of the specific points raised by Mrs. [redacted], we are not aware of anyone admitting that there were mistakes in the supervision of the former resident manager. Yes that person is gone, and there is a new resident manager.
Furthermore, there is no specific document that states that all requests need to be made to the Board in person or in writing, but that is a matter of good practice. An owner needs to state requests in writing or attend a Board meeting in order to communicate such requests to the Board. Hawaiiana is not in a position to act as the agent for owners, such as Mrs. [redacted], and in order to correctly communicate issues that are not of an emergency nature, such as complaints about cats, to the Board, we recommend that such communication be handled in this fashion.
Lastly, Hawaiiana can only respond with new information once the Board provides direction. Hawaiiana has provided all information to the Board that has been communicated in writing by Mrs. [redacted]. We will follow up with the Board to determine if any other response will be provided by the Board to her, and that is all we can do at this point. Again we are the agent, and not the decision-maker on these type of issues, and would appreciate it if Mrs. [redacted] would recognize our role as such. The Board is the decision-maker.
Thank you for giving us the opportunity to further respond.
To Revdex.com Hawaii,Your system does not let me upload more than 1 supporting document. Since Hawaiiana Management Company ("Hawaiiana) has not addressed the entirety of my complaint, I'm hereby attaching additional documentation. As you can see, neither [redacted] AOAO, its Attorney [redacted], nor its managing agent Hawaiiana had made their minds as to who is going to bill me the monthly Maintenance Fees or to Whom I am supposed to pay. I get threatening communications from all of the mentioned organizations, with different amounts. This situation, on one hand, is confusing, because it represents a disorganized and inefficient way to do business; and on the other hand, shows the intention to cause me to default in my payment plan.Please understand that Hawaiiana is trying to : 1. Take my parking stalls and tow my vehicles without legal right;2. Misinforms me regarding my obligations; 3. Treats me different than other property owners who get their bills on the mail every month with 15 days in advance, and are given the opportunity ton pay between the 1st and the 15th day of each month.Please forward this message to the Bussiness.Thank you,[redacted]. [redacted]
[redacted]
[redacted]
Initial Business Response /* (1000, 5, 2014/04/15) */
Hawaiiana Management Company, Ltd(Hawaiiana) is contracted by The Mary Savio Medical Plaza at Newtown to provide accounting and administrative services including billing and collection of maintenance fees, fines, late fees and legal
fees
Contractually, Hawaiiana reports to the Board of Directors care of the Board President
Revdex.com Consumer has an obligation to pay maintenance fees as a buyer of the commercial condominium
Revdex.com Consumer has been billed from Hawaiiana since the property was recorded by escrow on June 21,
During the last months, Hawaiiana has billed owner using the address listed in their escrow documents
No mail has ever been returned to our office by the post office
On March 4, the Board of Directors authorized Hawaiiana to assess the delinquent owners late fees and have the attorney pursue the collections
On March 10, Revdex.com Consumer emailed Hawaiiana requesting to use the onsite office address
On March 11, address change was made by Hawaiiana
On March 21, Hawaiiana contacted Revdex.com Consumer and emailed the delinquent amounts due with late fees
On April 1, the Board of Directors approved a collection policy, a payment plan for Revdex.com Consumer and waived all late fees on Revdex.com Consumer's account
On April 2, 2014, Hawaiiana contract Revdex.com Consumer that payment plan was approved by the Board and that all late fees were waived
WE are puzzled why Revdex.com Consumer filed this complaint since the Board of Directors agreed to waive the late fees which were assessed to the account
We all wish Revdex.com Consumer well
All owners at this condominium are required
to maintain a homeowner’s insurance policy which covers the deductible portion
of any loss to an apartment
Because Revdex.com Consumer did not fulfill this
requirement to maintain a policy the deductible portion was uninsuredThis
claim is against the owner of unit C8, which was the cause of the loss
Although the responsibilities for the
deductible payments would not change, the loss was not caused by the failure of
the common plumbing line but by the plumbing in unit C
The first settlement payment for all losses
from *** *** total $The amount attributed to unit Cwas $
in the amount attributed to unit Cwas $Unit C4's loss was 34% of the
claim, which amounted to $This adjustment was less deductible and
depreciation*** *** will pay the depreciation upon receipt of a paid
invoice that justifies the additional payment
Mister *** claim is against unit C
and not the associationWhen paid invoices are provided to the Association, a
subsequent claim will be forwarded to *** *** to cover any depreciation
allotted to the claimThe association is the insured and will not authorize
direct payment to the owner
Complaint: ***
I am rejecting this response because:
"Revdex.com Consumer expects the association to reimburse him for the total amount of the losses sustained however, association is not responsible for the deductible portion of the claim." Why am I supposed to pay the deductible part of the claim when I did not cause the damage? I spoke with Insurance Agent for the Unit Cwhich caused the damage, *** *** *** *** Company of Hawaii and he stated that his insured Cwas the cause of the damage so *** *** Company was going to be taking care of the $5,deductible Are you saying the $that I am asking for is my portion of the deductible? If *** *** of *** *** Company of Hawaii is paying the $5,deductible for damages caused by his insured unit Cwhy do you need my $as a deductible? That would give you $5,for a deductible that is $5,
"When the claim was adjusted, the proceeds were distributed between the owners of the damaged apartments less their share of the deductible based on the total percentage of lossesUnfortunately, Revdex.com Consumer, in violation of the association's policies, has failed to obtain the required homeowners insurance which would have covered the deductible portion of the loss." Why would my insurance have to pick up the cost of the deductible if this was not my units fault? Are you saying that this incident was caused by the buildings leaking pipes which is to be taken care of by the master policy? The damage was caused by Units Cleaking sink"Revdex.com Consumer has been informed that *** *** will consider additional funds to cover the depreciated value of the loss upon receipt of paid invoices for the repairsTo date, according to the Association's records, Revdex.com Consumer has not yet provided any additional invoices." I have not started construction or the purchasing of materials because the matter of $has not been resolved yet I am a school teacher I do not have a lot of money I am barely making ends meet Before I start anything I want to know exactly how much I am going to be getting In my complaint to the Revdex.com I have asked this "I have asked that Hawaiiana write a letter to *** *** Agent *** *** on my behalf stating that upon proof of receipts for items purchased towards construction materials that a check be cut straight to me instead of going to HawaiianaI requested the check be cut straight to me because of all the aforementioned problems with Hawaiiana's handling of this current insurance settlement." This question has not been answered to this date *** *** Agent *** *** stated this is not a problem and could be done
In closing I think that Hawaiiana maybe looking at the old pay out sheet. *** *** was originally going to give me less money and then they rechecked and released a 2nd pay out sheet if you are referrencing the old then maybe that is why the difference of $is still unresolved *** *** of *** *** Company of Hawaii who insures unit Cstated that he was going to be taking care of the $5,deductible to the Associations master policy because it was his unit who caused the damages If this is incorrect and Hawaiiana is saying that *** *** is no longer covering the $5,for the deductible please let me know this as I will be asking them to cover the what Hawaiiana says I should owe for the deductible Could Hawaiiana come out with a worksheet detailing how they came up with the number $that I owe for a deductible it seems pretty arbitrary If Hawaiiana could provide a worksheet on how they figured out I owe $for my portion of the deductible it would certainly make it a lot easier for the consumer to understand why they have to pay this amount of money Can Hawaiiana consider writing a letter to *** *** Agent *** *** as previously asked If you can understand what I have been going through since last February to get this whole insurance claim taken care you will understand why I am weary of having moneys due to me sent to Hawaiiana as the process has been extremely slow and frustrating
Sincerely,
*** ***
Initial Business Response /* (1000, 9, 2014/04/16) */
Hawaiiana Management Company, Ltd(Hawaiiana) is contracted by the Condominium to serve as Managing Agent
Contractually, Hawaiiana reports to the Board of Directors care of the Board President
The Revdex.com Complaint is from a rental
agent representing a unit owner who had no homeowner insurance
Revdex.com Consumer is seeking reimbursement of $to cover a claim which is not the responsibility of the condominium Association
There was a water leak from a clogged drain and cracked drain pipe in the unit directly above Revdex.com Consumer's
It is clearly disclosed in the House Rules and in writing annually to every owner that the unit owners are responsible for all pipes which exclusively service their unit, even if the pipe is concealed behind a wall (see attached house rules pages & 10)The pipe in question was the drain pipeAs such, this was not the responsibility of the Condominium
Hawaiiana has explained to Revdex.com Consumer that these items are not covered by the association and are the responsibility of the unit owner where the leak originatedRevdex.com Consumer stated that his client, the unit owner did not have insuranceHomeowner insurance is required at this building and it is each condominium owner's responsibility to purchase and maintain this coverageRevdex.com Consumer advised that he was aware of the requirements but that his client, the owner did not wish to purchase it
The Board denied the reimbursement request because the damage was caused by another unit and not the associationHad the owner carried the homeowners insurance required by the association, the loss or rent and upgrades would have been covered by his policyAttached is a copy of the annual letter which specifies that:
INSURANCE REMINDERSThe association maintains insurance to cover the cost of damages caused by common elements to the building and to limited sections of the unitsAll owners should be aware that when there are damages that originated from a unit (i.ewater, fire, injuries, etc), the cost of the deductible (currently $5,per occurrence) is the responsibility of the owner of the unit that caused the damagesIn addition, most of the damages that occur inside the units (i.eupgrades, electronics, furniture, loss of use/rent, etc.) are not covered by the association's policyALL OWNERS AT THE WAIKIKI MARINA ARE REQUIRED TO CARRY THEIR OWN HOMEOWNER'S INSURANCE (known as a HO-policy) to cover their apartment, damages or injuries caused by the failure of items in their apartment such as fixtures, plumbing, electrical, appliances, actions of their residents, guests, upgrades that were made to the unit and the building's deductibleSome owners may wish to carry additional coverage such as loss or use or rentPlease take this letter to your insurance agent and discuss your individual needs with them to be sure that the coverage you have is right for youIf you do not have a homeowner's policy, please call your insurance agent and obtain one as soon as possible
It is strongly recommended that the Agent work with the owner to secure the mandated insurance coverage
Initial Consumer Rebuttal /* (2000, 11, 2014/04/18) */
(The consumer indicated he/she ACCEPTED the response from the business.)
This is a perfect example of the reason for the complaintIt takes a third party complaint process for the this management company to effectively direct an owner with a problemProbably would have taken only a few minutes to point out that the responsibility for the internal drain pipe was the apartment which was served by itInstead we were led to believe that it was a building responsibilityAs a result we settled with the insurance from the upstairs apartment thinking there was a cause for damages from the buildingHad we known these items would be the apartment above we could have made our claim to themAs a result, the property manager and the Board caused the owner a significant lossThe property manager should have been forthright in making sure we had the proper information promptly to settle our claim
The good news we have obtained the required insurance
Once response that is neither accurate nor honest1. The Consumer complains that a violation fine has been imposed without validation Numerous complaints were received from neighbors regarding excessive noise from Consumer’s unit on May 2, 2015. A letter was sent to the Consumer regarding said House Rule infractions on May 15, with a $fine. The Board waived the $fine as a courtesy to Consumer with the agreement that Consumer’s tenant will not cause further noise violations. In July additional complaints were received therefore another letter is sent with a fine of $The Board has a written complaint from a neighbor of said unit. The same Neighbor in his written complaint states that he had spoken to Consumer directly about the excessive noise Answer: They failed to tell you that they lied in the initial complaint regarding a "decibel limit" that was broken Also as of this moment, not letter has ever been shown to validate their claim2. The Consumer states that he has sent numerous emails, letters, and phone calls requesting a meeting and Consumer was not given the opportunity to meet. A meeting was set up in August for the Consumer to appeal the fine in person. Consumer failed to show up to the meeting after having had agreed to a time, date, place. Consumer has threatened Board Members with legal action and intimidates them with his irate conduct demanding the Board waive the fine again. The Board members feel that since they continue to receive complaints from neighbors regarding the Consumers tenants they will not waive fine a second time. The Consumer is demanding an appeal meeting and to video-tape such meeting. The Board has tried to be reasonable and fair and has been advised that they aren’t required to allow video-taping of the appeal meeting Answer: They once again lied in writing I have pasted an email dated October 23, 2015, directly from John K*** of Hawaiiana Management and Gene P*** also of Hawiiana Management was tagged in it and he clearly states in the email that the only meeting I would be offered would be on "November 5th", but no recording would be allowed The reason I want a validated recorded meeting is due to the lies that are told, even to you, and no documentation given to substantiate any claim at the dated time of the offenses for which I was fined
Also, never have I threatened legal action Ask them to validate their claims and they will not be able toI believe the board has been anything but reasonable Shady Deceptive Unneighborly These are just a few of the words I would use to describe the Board at *** *** in Mililani I have all of the emails documented to prove my case, but once again, just look at the emails I attached as both John K*** and Gene P*** clearly state that the meeting was offered months later than they just claimed in a written response to the RevDex.com , which means they have just tried to deceive you with information, which would either make them incompetent at best, or they have tried to corrupt the fact with lies which is my position
Complaint: ***
I am rejecting this response because:
After many phone and e-mail complaints, Hawaiiana Management Company has e-mailed me a Disclosure letterThis letter does not address what my property's buyer's lender is requesting, which is, quote,
“We are going to have to have actual documentation as to what this litigation is about and know what stage of the legal course it is in, before we can even try to unravel and see if it will be ok with ***. There should be court documents that can be suppliedThere must be some sort of documentation or something that is currently available for us to review on this litigationThe current status and outcome of this situation will determine whether or not this condo project is warrantable and whether or the loan will be resalable due to this pending litigation/mediationWithout any type of formal written documentation in regards to this, we cannot proceed with closing this transaction.”
Additionally, it does not explain the anotation on the condo documents provided by Hawaiiana to Escrow
Sincerely,
*** ***
1. Hawaiiana Management Company, Ltd(“Agent”) serves as the
condominium association managing agent for the Association of Apartment Owners (“Association”)
2. Under Agent’s contract with Association, Agent is contracted to “respond as appropriate to queries from individual owners regarding their personal accounts or general Association matters.”
Revdex.com Consumer is asking agent to address a yard maintenance issue and waive a fine imposed on Revdex.com Consumer's account for a rule violation
4. Agent is the managing agent for the Association and does not participate in the Association’s Board’s decision makingIn communicating with owners, Agent follows the instructions, and communicates the decisions of the Association’s Board of Directors
5. It is suggested that Revdex.com Consumer please direct requests to the Association's Board of Directors. Thank you very much
Aloha [redacted], [redacted] [redacted] is the property my condo is #[redacted]. The address there is [redacted]. I initially discovered the interior damage on September 7th 2014 and reported it to our Resident manager and took photos that same day. Initially I was not directly in contact with Hawaiiana Management but after not getting any corrections made or repairs scheduled they were who I was told to contact if I wasn't getting the desired results through the Resident Manager. Mr. [redacted] was our property rep at that time and was of little to no help at all. Ms. [redacted] took over our property for Hawaiiana in the middle of last year and introduced herself as our "Liaison" to facilitate closure and handle communication etc. as the Resident manager was non responsive to me. So I have and still currently send emails to Ms. [redacted] at Hawaiiana and now her response are strictly acknowledgement of a received message. No answers suggestions or direction of any kind and in fact I have been told I can not approach or in any way have contact with ANY employee or persons from Hawaiiana and/or [redacted] Management. I have requested both ver[redacted]y and in writing various documents to learn what is being discussed or considered as a resolution or responsibilities. Specifically quarterly reports of the Resident manager, All Meeting minutes that are NOT currently posted on our website. Current/ Revised Bi laws, Declaration, specific contracts and maintenance expenses, invoices and estimates and in fact submitted them last month using the DCCA/RICO form and hand delivered this to there [redacted] office on February 23rd and did not receive ANY response or acknowledgement of any kind. I am in the process of filing the official complaint follow up to that request as we speak. This has been and continues to be a financial burden for me as well as significant mental stress and anxiety as a result of This water intrusion issue that is almost 2 years old. I hope this is adequate and comprehensive enough for you to understand. Please let me know if there is anything else I can do. Thank You, [redacted]
Worst property management company I've ever dealt with in my 30-plus years of Real Estate. Rude and sometimes offensive staff including and especially Casey and Mark U[redacted]. They're more concerned about placing blame and making excuses than fixing problems.
Complaint: [redacted]
I am rejecting this response because:
Once again, they are lying by only telling the half of the story that they want you to hear.
I received Exhibit A and Exhibit B, both of which I am contesting, and both of which have no validation. John K[redacted] has even told me that Exhibit A was based on a lie as no "decibel limit" was proven broken as no decibel reader was used to obtain a reading to validate this claim. He said he made up the "decibel limit" claim and that's why they didn't actually assess the fine because it was based on a fabrication that had no validity. I was told I could have a meeting to contest the matter within Exhibit B, along with my tenant face to face with the person who filed the complaint, and with the Board of [redacted] and Mililani. What they submitted as Exhibit C is only part of the email conversation . . . What they failed to tell you is that the meeting was set with myself, my tenant, John K[redacted] of Hawaiiana Management Company LTD and a member of the Board of [redacted] in Mililani and the neighbor who lodged the complaint for 10:30 am on August 31st. BUT WHAT THEY FAILED TO TELL YOU IS THAT THEY ARE THE ONES WHO CANCELED THE MEETING ON AUGUST 31ST AT 10:30 AM BECAUSE "The neighbors of your unit informed me they do not want to have a meeting. They just want to keep the peace, and don't feel the need to have a meeting.", WHICH IS IN AN EMAIL FROM JOHN K[redacted] DATED AUGUST 25TH! (Please see the emails following my response for validation of the truth and not the deception they have given to you by only sharing part of the evidence)
They are the ones who canceled the meeting and once again never afforded me what was promised to me in order to contest my case. I find it amazing that they left this information out on purpose seeing that it was within the same email chain that they submitted as Exhibit C! They selectively edited documentation in order to deceive you which is what I am claiming they have done all along! This is not only lying, and deceitful, but a fraudulent covering up of the facts and this is why they need to be held accountable to the greatest degree!
I have many more emails and we can keep this back and forth going as they continue to lie to you as I have already proven on several occasions. Or, we can set up a meeting that is recorded and validated with a mediator and all of the facts can be placed on the table and we can come to a conclusion that is accurate because it's based on facts and truth, not deceptively manipulated emails like the ones just submitted to you. I once again ask for the Revdex.com's help in bringing this matter out into the open so that all of the tenants may see the deceptive manipulation that occurs within Hawaiiana Management Company LTD and [redacted] in Mililani so that others do not have to endure the harassment and attacks against their character as I have.
-----Original Message----- From: Gene P[redacted] Sent: Thursday, February 26, 2015 2:21 PM To: [redacted] Cc: [redacted] Subject: RE: Revdex.com Complaint [redacted] Aloha Mr....
[redacted]; I am the Management Executive managing [redacted] for Hawaiiana Management. Can you please provide me with the owner who is complaining that they can't get their addresses changed. Every owner who emails me, or calls me I send them the attached document. This document must be completed and signed by the owner, who is on file in our system here at HMC. I personally have at least 1 address change request per week. This issue can be resolved immediately, if the owner provides us with the required information. We cannot change an address in our system without their signature. This is to protect the owner. Mahalo Gene P[redacted] Director, Management Executive Hawaiiana Management Company, [redacted]
[redacted]
[redacted]
Hawaiiana Management Company, Ltd. (Hawaiiana) serves as managing agent for [redacted]. In response:
1. The Consumer complains that a violation fine has been imposed without validation.
Answer: Numerous complaints were received from neighbors regarding excessive noise from Consumer’s unit on May 2, 2015. A letter was sent to the Consumer regarding said House Rule infractions on May 15, 2015 with a $50 fine. The Board waived the $50 fine as a courtesy to Consumer with the agreement that Consumer’s tenant will not cause further noise violations. In July 2015 additional complaints were received therefore another letter is sent with a fine of $50. The Board has a written complaint from a neighbor of said unit. The same Neighbor in his written complaint states that he had spoken to Consumer directly about the excessive noise.
2. The Consumer states that he has sent numerous emails, letters, and phone calls requesting a meeting and Consumer was not given the opportunity to meet.
Answer: A meeting was set up in August 2015 for the Consumer to appeal the fine in person. Consumer failed to show up to the meeting after having had agreed to a time, date, place.
Consumer has threatened Board Members with legal action and intimidates them with his irate conduct demanding the Board waive the fine again. The Board members feel that since they continue to receive complaints from neighbors regarding the Consumers tenants they will not waive fine a second time.
The Consumer is demanding an appeal meeting and to video-tape such meeting. The Board has tried to be reasonable and fair and has been advised that they aren’t required to allow video-taping of the appeal meeting.
Aloha, Hawaiiana Management Company received the attached complaint. Hawaiiana manages more than 600 associations. It would be very helpful to know what Association Mr. [redacted]'s complaint pertains so we can do research.Thank you. Respectfully ,...
phyllisPhyllis K[redacted], CPM(R), R
Initial Business Response /* (1000, 5, 2014/04/14) */
Hawaiiana appreciates the feedback from Revdex.com Consumer.
An insurance adjuster inspected the damaged to the carpet, but a claim was not filed because the insurance adjuster reported that the damage appeared well below the insurance...
deductible of $5000.
The Board of Directors approved replacing the damaged carpet and the Revdex.com Consumer was informed of this.
We wish Revdex.com Consumer well.
Initial Consumer Rebuttal /* (3000, 7, 2014/04/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
None of my original inquiries have been acknowledged or responded to. The issue is not the damage to our unit, as expressly stated above, but the lack of communication from the assigned manager. I understand if you don't have the answers to, or don't understand my inquiries, and I will be happy to work with you if that is the case. Please just respond.
Final Business Response /* (4000, 10, 2014/05/01) */
Hawaiiana appreciates the additional feedback from Revdex.com Consumer.
An insurance adjuster inspected the damaged to the carpet, but a claim was not filed because the insurance adjuster reported that the damage appeared well below the insurance deductible of $5000.
The Board of Directors approved replacing the damaged carpet and the Revdex.com Consumer was informed of this.
It is the Board's understanding that Revdex.com Consumer DOES NOT wish to have the water damaged carpet replaced.
As such, the Board of Directors has closed this incident.
The Hawaiiana Management Executive has made communication with Revdex.com Consumer.
Accordingly, a letter was prepared today to inform Revdex.com Consumer that this incident is considered closed.
Letter is being sent via Certified Mail and email to Revdex.com Consumer.
Hawaiiana wishes Revdex.com Consumer well.
1. Hawaiiana Management Company, Ltd. (“Agent”) serves as the condominium association managing agent for the Association of Apartment Owners of [redacted] (“Association”). Under Agent’s contract with Association, Agent is contracted to “respond as appropriate to queries from individual owners regarding their personal accounts or general Association matters.”
2. Revdex.com Consumer wrote in his complaint, “[redacted] is the property my condo is #[redacted].” However, according to Agent’s records, #[redacted] is owned by other party(ies). In accordance with the Association’s By-laws, when ownership of a unit in [redacted] changes, copies of the change in ownership documents should be provided to the Association’s Board and a fee, currently $330, should be paid. (The relevant language is in Section 7, Article IV of the Association’s Bylaws and reads: “In connection therewith every apartment owner shall promptly cause to be duly recorded or filed of record the deed, lease, agreement of sale, assignment or other conveyance to him of such apartment or other evidence of his title thereto and shall file a copy of such document (s) with the Board of Directors through the Secretary or the Managing Agent.”) To date, neither the Owner(s) of record of #[redacted] nor the Consumer have provided any change in ownership documents for #[redacted] to Agent.
3. On March 8, 2016, a letter and deed for a storage locker and an office was received by Agent from Consumer’s attorney, [redacted] of [redacted]. The letter mentioned Consumer’s ownership of #[redacted], but no unit ownership documents were provided. As such, #[redacted] is still listed under the other party(ies).
4. Consumer has made several demands for information from Agent. Agent initially did not respond to Consumer’s demands because Consumer was not an owner of record with a right to receive the requested documents. After receipt of the March 8, 2016 letter, Agent provided Consumer with a list of documents available via either hard copy or for viewing, along with a copy of the section of the Hawaii State Condominium Law (Hawaii Revised Statutes Section 514) that sets out what documents condominium owners are entitled to receive copies of.
5. Agent requests that Consumer please promptly provide the recorded unit #[redacted] deed or other conveyance document along with a transfer fee of $330 made payable to Hawaiiana Management Company, Ltd. to update the Association’s record of ownership of #[redacted].
6. With respect to any complaints Consumer may have with respect to #[redacted], note that Agent is the managing agent for the Association and does not participate in the Association’s Board’s decision making. In communicating with owners, Agent follows the instructions, and communicates the decisions of the Association’s Board.
Tell us why here...
- [redacted] has communicated with Revdex.com Consumer to acknowledge that she was correct about the website - [redacted] will have on-line access available by the end of September 2016 and inform Revdex.com Consumer. - Revdex.com...
Consumer was informed that the master [redacted]tion has no role or control over the operations of the condo [redacted]tion, and that the quarterly dues paid to the master [redacted]tion through its agent does not cover any of the maintenance or operational expenses of Revdex.com Consumer’s condominium [redacted]tion. - Revdex.com Consumer was sent a copy of the current year condo [redacted]tion operations budget, reserve plan and cash flow plan to provide information about the purpose and uses of monthly maintenance fees and the financial health of the condo [redacted]tion - Revdex.com consumer was invited to contact [redacted]’s designated m[redacted]gement executive and provided with his name, contact information. - [redacted] wishes Revdex.com Consumer well.
Hawaiiana Management Company serves as condominium managing agent for a Condominium Association where Revdex.com Consumer owns a unit. The referenced insurance claim was filed and the Association insurance company's adjustment was made for the damage to the three apartments less...
deductible and depreciation. Mr. [redacted] proportional share of the adjustment was sent to him on September 18, 2014. An additional adjustment was provided by [redacted] on October 29, 2014. This amount was for damages to Revdex.com Consumer's apartment and was forwarded to Revdex.com Consumer on December 5, 2014. Revdex.com Consumer expects the association to reimburse him for the total amount of the losses sustained however, association is not responsible for the deductible portion of the claim. IMPORTANT----The association requires all owners to maintain homeowners insurance to cover losses to their apartment not covered by the association's master insurance policy. The association carries insurance which covers the common elements and the as built portions of the apartment with a deductible of $5000per loss. When the claim was adjusted, the proceeds were distributed between the owners of the damaged apartments less their share of the deductible based on the total percentage of losses. Unfortunately, Revdex.com Consumer, in violation of the association's policies, has failed to obtain the required homeowners insurance which would have covered the deductible portion of the loss. Revdex.com Consumer has been informed that [redacted] will consider additional funds to cover the depreciated value of the loss upon receipt of paid invoices for the repairs. To date, according to the Association's records, Revdex.com Consumer has not yet provided any additional invoices. We recommend that Revdex.com Consumer comply with the association's policy of maintaining homeowners insurance and stand ready to receive Revdex.com Consumer's paid invoices for repairs related to this claim. [redacted], CPM(R), R
This message is in response to your letter dated January 26, 2016. We represent Hawaiiana Management Company, Ltd. ("Hawaiiana"), the managing agent of [redacted] ("[redacted]"), with respect to the complaint lodged by [redacted] (the "Consumer") against Hawaiiana. As managing agent, Hawaiiana implements decisions made by the [redacted] Board and does not unilaterally make decisions such as the imposition of fines or the dates of meetings of the [redacted] Board. These decisions are made by the [redacted] Board and Hawaiiana, as part of its management of the property, implements these decisions.In your letter, you request a copy of the letters to Consumer that were sent in May 2015 and July 2015. It appears there was an inadvertent error with regard to the date of the May letter, which should have been May 5, 2015. The letter is attached hereto as Exhibit "A." Please also find attached as Exhibit "B" the letter dated July 23, 2015 to Consumer.Additionally, you request documents demonstrating Consumer's acceptance of the August 2015 meeting. Please find attached as Exhibit "C" the e-mail string regarding this meeting.In closing, Hawaiiana is the managing agent for [redacted] and has not participated in the decision making, but rather communicated the decisions of the [redacted] Board to the Consumer. [redacted]'s bylaws and rules are intended to protect the use and enjoyment of the community by all owners, including Consumer; and [redacted] ** [redacted]
Revdex.com of Hawaii February 3, 2016Page 2Hawaiiana is merely the property manager charged with facilitating communication and management between residents, owners, and the Board of [redacted].If you have any further questions or concerns, please feel free to contact the undersigned.
Initial Business Response /* (4000, 9, 2014/03/19) */
dant mechanisms so that they could be installed in or about the [redacted]s' lanai so as to reduce the alleged issues in connection with the cats. Pursuant to this authorization, the association at its sole cost has power washed the [redacted]s' lanai twice and is in the process of purchasing the cat r
dant mechanisms, and once received they will be installed.
dant mechanisms, it was not an effort to address the "health and safety" issues raised by me; and also I never heard of the reason of "balancing the rights of pet owners".
dant mechanisms and I did not know why it was taking so long to receive it if it was decided at the same time ,2 months ago, and I wanted to see the order information and the reason of the delay for delivery. (But the New RM came last week, March 28, and installed it.)
This is in response to a complaint against Hawaiian Management Co., Inc. ("HMC") by Mrs. [redacted], one of the owners of Unit [redacted].
HMC is the managing agent for the AOAO Palm Court. It cannot take any action independent of...
its principal, the Board of Directors for the AOAO. The issues raised by Mrs. [redacted] have been responded to by both the Board of Directors and the attorney for the AOAO. HMCI simply relays what the Board and the AOAO's attorney recommend with regard to the issues complained of by Mrs. [redacted].
The issues raised by Mrs. [redacted] have been addressed by the Board of Directors for the AOAO, and its attorney. This issue was first brought to the Association's attention when Mrs. [redacted] and her husband acknowledged that they were trapping cats. This caused a problem in that the Board did not authorize this trapping, and since the trapping was occurring on areas administered by the Board, the AOAO's attorney sent the letter dated January 7, 2014 demanding that Mrs. [redacted] and her husband stop trapping cats, and if they wanted to implement any such program, they needed the authorization of the Board. This letter is attached to the material submitted by Mrs. [redacted].
In response to this demand, and in an attempt to address the issues raised by Mrs. [redacted] and her husband, the Board and its attorney made it clear that the Board would be addressing any complaints about anyone's cat being a nuisance, and this had to be brought to the attention of the Board. No one owner could "take matters into their own hands" as the Board had to respect the rights of pet owners and those that did not approve of pets.
In an effort to address the "health and safety" issues raised by the [redacted]s and balancing the rights of pet owners, the Board approved at the cost of the association, to power wash the [redacted]s' lanai and to purchase cat r
The Association has also spoken to the owners of the cats, that have since been identified as "comfort animals" and is working to reduce any confrontations between these owners. It is the goal of the Board to balance all owners' concerns and attempt to create an environment that allows for all owners to "get along" and allow pet owners and none pet owners to live together in a manner that is fair and equitable to all.
It is unfair for Mrs. [redacted] to attempt to characterize HMC's efforts as "taking sides" as HMC takes direction from the Board majority, and does advise the Board on all issues, including this one. However, here there are others that are involved in counseling the Board, including the AOAO's attorney - for rules enforcement and guidance - and we have to address potential Fair Housing issues.
We thank the Revdex.com for giving us an opportunity to explain "our side of the story". We are Hawaii's largest professional management company and we pride ourselves in doing a good job, fair job and guiding our Board's in fulfilling their fiduciary duties to the owners of all associations. If you need any further information, please let us know. Thank you.
Initial Consumer Rebuttal /* (4200, 11, 2014/03/31) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Thank you for taking time to read my request and documents.
I really appreciate your response to try to solve these problems.
First, I would like to share with all Revdex.com Hawaii business and consumers that I have been having a wonderful experience with the Hawaiiana Management Company (HMC) since I moved here from Japan 9 years ago.Where I lived, before this the Palm Court property, I had seen 4 of the Resident Managers(RM) and 2 of their Managing Agents and other staff. And, I do agree that all of them were doing a very good job, fair job.
Also, I have met (and some became very good friends later) probably more than 10 people who own units where HMC manages. 3 of them were/are the President of the Board, one of them owns 8 units and all of them are always happy with HMC's job.
I have experienced before, where I lived as a renter, when I had a request, question, complaint, concern, etc., I just needed to contact the RM and they always worked very quickly. If there were anything they could not do by their decision, they always went to talk to the Board Members and gave me an answer. I never really needed to talk to the Managing Agent directly, but this time we did not have a RM and the Directors of the Board were not allowed to talk about cat issues until the next meeting (March 19).
So I had to contact the Managing Agent and my request was denied because she says "All request needs to be made to the Board of Director's in person or by writing."
The new RM from this March is always working hard and busy; the admin lady who helps people in the office is always friendly; all workers who maintain this property work hard.
Second, let me make apology for the confusion about my date from my emails that I provided as a support documents. As I explained to the Revdex.com staff, my email account is set to Japanese time.
Also, let me apologize for accusing HMC for taking the side of the cat owners without providing enough evidence.
My first language is not English, so I might be making mistakes to write emails or/and request. If you have any questions, let me know.
I understand it must be very hard to write the response knowing that my request letter was very long and I had many documents to submit. I also imagine that all of you are busy for general work and it must be hard to take enough time to interview the Managing Agent of Palm Court to write your side of the story.
Reading your response made me believe that the person who made this response was not the Managing Agent I was emailing or any of the staff I met, because there are many misunderstandings and misinformation that are not correct.
So, it is too bad, but simply, I am not happy and I cannot accept HMC's response.
From the beginning, I am not one of the owners of 29U. "I am owner of Unit 28U"
Also, this issue was not first brought to the Association's attention when my husband and I acknowledged that we were trapping cats. As you see on the the Association's Attorney's letter on January 7, my husband brought this issue up as an ongoing problem in Sep. or Oct. 2013, or earlier than that time. My husband mentioned to the Board that feral cats were - and still are now - coming to our private lanai area and urinating and spraying on our children's stuff (e.g., stroller, wagon, snack table and chair, toys, plants, door, etc.); we believed that there were feral cats causing this problem because this Palm Court property has Bylaws that do not allow pets, even cats, to roam without their owners.
We did not trap cats where we needed to have Board authorization, we trapped cats on our own property. We even talked to the Hawaiian Humane Society and Honolulu Police Department to make sure we trapped cats with a humane and legal way.
About the gate installation, power washing the lanai, and purchasing cat r
These were to take responsibility for the damage on my property that was made by lack of the Managing Agent and the Board of Directors supervising skill for the former RM.
The Managing Agent and the Board were aware that the former RM was not doing his job right, and he was getting warning 3 times (and he was fired at end of January 2014). On January 15, 2014 meeting the Management Agent and the Board found out that they had never received my complaints about cats since July 2013 to January 15, 2014 until I asked them how they were handling my complaints.
According to my husband, who is one of the Board members, at January 29, 2014 committee meeting, the President of the Board made a clear comment that if the former RM was doing his job right, my problem was solved long time ago.
At same time the Association Attorney suggested to the Board to take responsibility for the damage to my property made by delay of the Former Manager's work. This was not my request, and my husband did not vote for the Attorney's idea but all other Board Directors did vote to agree.
The gate was installed because the President of the Board made the comment that if they (cats) see it (the gate) they do not come up. The power wash (only once actually) was done to clean the damage to my property that was caused by cats.
I did not know about the process of purchasing the cat r
I am very thankful for the Managing Agent and the Directors of the Board to admit their mistake as a supervisor of the Former RM, and I am very thankful that they are, even temporally, trying to ease the damage to my property.
Also, the Attorney made it clear that these solutions were only for temporary, not permanent. I did not hear from anybody, my husband and other Board Members, that this was for "balancing the rights of pet owners".
The Bylaw Article IX General Provisions Section 2. Restriction on Pets (2) says "Except for dogs used by visually impaired persons or hearing impaired persons, no animals shall be allowed on any common element expect in transit when carried or on leash and, in any case, no animals shall be allowed in any part of the recreation areas, or parking areas." which, I believe, means there is no "right of pet owners" to roam their cats, comfort pets or otherwise.
Also, I did not get lanai power washed twice, it was only once.
Again, I do believe you (HMC) have your side of story, and I do know that I am not perfect, so, if you have any document that proves any of the above corrections is wrong, please provide me the documents.
Also, I am requesting the legal document that says "All request needs to be made to the Board of Director's in person or by writing.", please provide me with that document too. And one more document I am requesting is any written legal document that says the Board of Directors can make Policies that go against the Bylaws; which was said by the Managing Agent at the January 15, 2014 meeting to make a new policy to allow residents roam cats.
As you see from previous documents, all I am asking is to have healthy, safe property.
I am not trying to take anybody's pet away, as long as they keep the pet inside by following the Bylaws; and the owner of 29U agreed to have some limit at the Committee meeting on 1/29/14.
According to the Managing Agent's email on 3/3/14, the Board was going to discuss the issues I mentioned in emails to her at an up-coming Board meeting on March 19th (2014). I have not gotten any response form the Board, the Managing Agent, and/or the RM since that meeting. Did the Managing Agent give anybody any Direction or suggestion to give me follow up whether they made any decision or not?
I do not know what other people expect when they email or call, but I expect to get response back every single time, especially when I am paying to get a service. It is too sad that I did not get many responses back so many times and I am not getting any follow-up; this made me disappointed about the Managing Agent and HMC.
But I still would like to understand if there were any reason for the Managing Agent that she was not able to respond. If she is so busy that she can not make 100% response, follow-up, communication, with her customers (I talked to some other Board Directors and there were comments about her that she does not respond back 100% and that they are not happy with her), do you think you can have somebody else for this property from the HMC and not let her work too hard more than she is able to do?
Please let me know what HMC exactly can do to help this situation.
Thank you.
Final Business Response /* (4000, 14, 2014/04/14) */
There seems to be a misunderstanding of Hawaiiana Management's role in this matter regarding Mrs. [redacted]'s (owner of Unit 28U) complaints regarding cats and related issues. Hawaiiana is the managing agent. It advices the Board on issues that are brought to its attention, and Hawaiian also provides oversight of the resident manager.
The cat related issues complained of by Mrs. [redacted] were brought to the attention of the Board. It is up to the Board to then direct Hawaiiana. Hawaiiana cannot take a position that is contrary to its principal the Board, and can only advise the Board. Ultimately if Mrs. [redacted] has problems with the resident manager, cats or any other issue, she has the right to bring these matters to the attention of the Board. We only suggest that this be in writing so that there is no confusion or misstatement as to her complaints.
The Board for her project has been attempting to address Mrs. [redacted]'s concerns. She and her family have not been ignored.
In response to some of the specific points raised by Mrs. [redacted], we are not aware of anyone admitting that there were mistakes in the supervision of the former resident manager. Yes that person is gone, and there is a new resident manager.
Furthermore, there is no specific document that states that all requests need to be made to the Board in person or in writing, but that is a matter of good practice. An owner needs to state requests in writing or attend a Board meeting in order to communicate such requests to the Board. Hawaiiana is not in a position to act as the agent for owners, such as Mrs. [redacted], and in order to correctly communicate issues that are not of an emergency nature, such as complaints about cats, to the Board, we recommend that such communication be handled in this fashion.
Lastly, Hawaiiana can only respond with new information once the Board provides direction. Hawaiiana has provided all information to the Board that has been communicated in writing by Mrs. [redacted]. We will follow up with the Board to determine if any other response will be provided by the Board to her, and that is all we can do at this point. Again we are the agent, and not the decision-maker on these type of issues, and would appreciate it if Mrs. [redacted] would recognize our role as such. The Board is the decision-maker.
Thank you for giving us the opportunity to further respond.
To Revdex.com Hawaii,Your system does not let me upload more than 1 supporting document. Since Hawaiiana Management Company ("Hawaiiana) has not addressed the entirety of my complaint, I'm hereby attaching additional documentation. As you can see, neither [redacted] AOAO, its Attorney [redacted], nor its managing agent Hawaiiana had made their minds as to who is going to bill me the monthly Maintenance Fees or to Whom I am supposed to pay. I get threatening communications from all of the mentioned organizations, with different amounts. This situation, on one hand, is confusing, because it represents a disorganized and inefficient way to do business; and on the other hand, shows the intention to cause me to default in my payment plan.Please understand that Hawaiiana is trying to : 1. Take my parking stalls and tow my vehicles without legal right;2. Misinforms me regarding my obligations; 3. Treats me different than other property owners who get their bills on the mail every month with 15 days in advance, and are given the opportunity ton pay between the 1st and the 15th day of each month.Please forward this message to the Bussiness.Thank you,[redacted]. [redacted]
[redacted]
[redacted]