Initial Business Response /* (1000, 8, 2014/12/24) */
New Concepts Management Group is a service based company focused on aiding homeowners in the management and operation of their association. Everyone purchasing a home within a particular association, by state law, enters into a private...
contractual agreement with all the other owners living in that community. The owners collectively pay a monthly assessment fee for the repair and maintenance of all shared items, for example - roofs, snow plowing, etc. These are called "common elements". Homeowners are still responsible individually for the repairs and maintenance to their homes for the items that they use and enjoy exclusively, these examples would be - Garage doors, windows, decks, etc. These are called "limited common elements". Because the homeowner's request was for a repair to the garage which she has exclusive use and enjoyment of as the owner, it is a "limited common element", and the responsibility of that owner to pay for the maintenance and repair of that particular item.
We would also like to take a moment to correct a few misstatements made by the homeowner. There is no contractor that we are aware of that we have used or recommended others to use that is at $200 an hour. This is an exaggerated price. Our offering to send out a contractor, was only meant to aid the owner if they do not know of a competent contractor to use. They are told that that they are in no way obligated to use our recommended contractor(s), but may choose whomever they wish to make the necessary repairs to their own home.
Initial Consumer Rebuttal /* (3000, 10, 2015/01/02) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The company has not even addressed the poor custom service that I received by [redacted]. They did not apologize or even mention it. I want to know whether they believe it is an unacceptable business practice to not even attempt to assist customers? I understand they are servicers of the association, but that means the association is their client, and as a homeowner in connection with the association, I am their client as well. The level of disrespect that was given to me is unacceptable. At one point in the conversation [redacted] even stated, "If you can't afford a home then you shouldn't have bought one."
Further, the business has still failed to even contact me, and recommend a solution, such as contacting the association on my behalf to see if something can be done.
This response is unsatisfactory, because all the company did was tell their side of the story without even trying to resolve the issue.
Beyond the fact that the company states homeowners are responsible for their own repairs, why has the company failed to help me contact the association? And, why does this company think it is acceptable to speak to people in such a manner? Finally, I requested a list of what the association fee of $340 a month covers, and [redacted] has failed to provide me that, when I was told I would be sent a copy via email.
This is very poor customer service. And this response does not resolve any of the issues I mentioned.
Thank you,
Final Business Response /* (4000, 12, 2015/01/23) */
[redacted] originally contacted New Concepts shortly after purchasing her new home. At this time she reported that she was unable to gain access to her garage; [redacted] had explained that the Association did not have access to her garage either but that a contractor could be sent to assist in gaining access. [redacted] explained to the homeowner that because the garage was considered a Limited Common Element, the service call might be assessed back to her as the homeowner. [redacted] explained that she would not be able to afford a contractor at this time. [redacted] also recommended that [redacted] follow up with her realtor or the seller to see if they could provide a garage door opener. [redacted] stated she would try and let New Concepts know if further assistance was needed.
There were two additional calls between [redacted] and [redacted]. During each call [redacted] offered to send a contractor to assist [redacted] but [redacted] declined, as she did not want to pay for the service. Additionally, [redacted] explained that the Governing Documents determine responsibility of the Homeowner and Association in addition to determining when it is appropriate to assess a homeowner an expense incurred. As per Section 3.2, A of the Sutton Place II Declaration the garage is considered a Limited Common Element:
"The Limited Common Elements are described and allocated to the Units as follows:
a. Those areas and items designated as Limited Common Elements on the Plat, such as Garages, balconies, and patios..."
As per Section 6.1, A:
"Any Common Expenses associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired, or replaced, or (iii) the actual cost incurred with respect to each Unit."
[redacted] did not make the statement "if you can't afford a home then you shouldn't have bought one." The homeowner made some comments regarding unexpected expenses and the inability to afford the monthly dues. [redacted] only offered sympathy and understanding regarding the frustration of unexpected expenses at the time of buying a new home.
In addition to submitting this response, New Concepts has provided the homeowner with a copy of the Governing Documents and yearly budget to assist the homeowner in understanding what the monthly assessment covers per her above request. Additionally, New Concepts can recommend a contractor however the homeowner is not obligated to utilize their services.
Initial Business Response /* (1000, 5, 2015/03/10) */
Case#[redacted]: In response to the consumer's complaint regarding a "returned stop payment" fee of $20.00.
The first check (#8461) was received at the associations' bank lockbox on January 12th, 2015 which is located in Los Angeles, CA. The...
bank processes checks the day they are received and New Concepts get the file the following business day. Therefore when the homeowner had her first conversation with Shannon on the 12th we did not know of the payment as we learned about it being received on the 13th. The homeowner chose to contact her bank and put a stop payment on that check.
The homeowner did drop off a replacement check (ck#[redacted]) at our office in St Louis Park, MN. We did not process it right away as we had the other payment showing on her account. [redacted] called the homeowner to inquire if this second check should be cashed. We did not hear back from the homeowner until the 21st and she told us to cash this check which we did.
It is association policy to charge a return payment fee of $20 on any payments that are returned. As agent of the association we follow the policy but also have the authorization to waive that fee which we will do so and the homeowner will notice that on her next bill from us.
Sincerely,
[redacted]
Vice President of Finance
New Concepts Management, Inc.
Initial Business Response /* (1000, 8, 2014/12/24) */
New Concepts Management Group is a service based company focused on aiding homeowners in the management and operation of their association. Everyone purchasing a home within a particular association, by state law, enters into a private...
contractual agreement with all the other owners living in that community. The owners collectively pay a monthly assessment fee for the repair and maintenance of all shared items, for example - roofs, snow plowing, etc. These are called "common elements". Homeowners are still responsible individually for the repairs and maintenance to their homes for the items that they use and enjoy exclusively, these examples would be - Garage doors, windows, decks, etc. These are called "limited common elements". Because the homeowner's request was for a repair to the garage which she has exclusive use and enjoyment of as the owner, it is a "limited common element", and the responsibility of that owner to pay for the maintenance and repair of that particular item.
We would also like to take a moment to correct a few misstatements made by the homeowner. There is no contractor that we are aware of that we have used or recommended others to use that is at $200 an hour. This is an exaggerated price. Our offering to send out a contractor, was only meant to aid the owner if they do not know of a competent contractor to use. They are told that that they are in no way obligated to use our recommended contractor(s), but may choose whomever they wish to make the necessary repairs to their own home.
Initial Consumer Rebuttal /* (3000, 10, 2015/01/02) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The company has not even addressed the poor custom service that I received by [redacted]. They did not apologize or even mention it. I want to know whether they believe it is an unacceptable business practice to not even attempt to assist customers? I understand they are servicers of the association, but that means the association is their client, and as a homeowner in connection with the association, I am their client as well. The level of disrespect that was given to me is unacceptable. At one point in the conversation [redacted] even stated, "If you can't afford a home then you shouldn't have bought one."
Further, the business has still failed to even contact me, and recommend a solution, such as contacting the association on my behalf to see if something can be done.
This response is unsatisfactory, because all the company did was tell their side of the story without even trying to resolve the issue.
Beyond the fact that the company states homeowners are responsible for their own repairs, why has the company failed to help me contact the association? And, why does this company think it is acceptable to speak to people in such a manner? Finally, I requested a list of what the association fee of $340 a month covers, and [redacted] has failed to provide me that, when I was told I would be sent a copy via email.
This is very poor customer service. And this response does not resolve any of the issues I mentioned.
Thank you,
Final Business Response /* (4000, 12, 2015/01/23) */
[redacted] originally contacted New Concepts shortly after purchasing her new home. At this time she reported that she was unable to gain access to her garage; [redacted] had explained that the Association did not have access to her garage either but that a contractor could be sent to assist in gaining access. [redacted] explained to the homeowner that because the garage was considered a Limited Common Element, the service call might be assessed back to her as the homeowner. [redacted] explained that she would not be able to afford a contractor at this time. [redacted] also recommended that [redacted] follow up with her realtor or the seller to see if they could provide a garage door opener. [redacted] stated she would try and let New Concepts know if further assistance was needed.
There were two additional calls between [redacted] and [redacted]. During each call [redacted] offered to send a contractor to assist [redacted] but [redacted] declined, as she did not want to pay for the service. Additionally, [redacted] explained that the Governing Documents determine responsibility of the Homeowner and Association in addition to determining when it is appropriate to assess a homeowner an expense incurred. As per Section 3.2, A of the Sutton Place II Declaration the garage is considered a Limited Common Element:
"The Limited Common Elements are described and allocated to the Units as follows:
a. Those areas and items designated as Limited Common Elements on the Plat, such as Garages, balconies, and patios..."
As per Section 6.1, A:
"Any Common Expenses associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired, or replaced, or (iii) the actual cost incurred with respect to each Unit."
[redacted] did not make the statement "if you can't afford a home then you shouldn't have bought one." The homeowner made some comments regarding unexpected expenses and the inability to afford the monthly dues. [redacted] only offered sympathy and understanding regarding the frustration of unexpected expenses at the time of buying a new home.
In addition to submitting this response, New Concepts has provided the homeowner with a copy of the Governing Documents and yearly budget to assist the homeowner in understanding what the monthly assessment covers per her above request. Additionally, New Concepts can recommend a contractor however the homeowner is not obligated to utilize their services.
Initial Business Response /* (1000, 5, 2015/03/10) */
Case#[redacted]: In response to the consumer's complaint regarding a "returned stop payment" fee of $20.00.
The first check (#8461) was received at the associations' bank lockbox on January 12th, 2015 which is located in Los Angeles, CA. The...
bank processes checks the day they are received and New Concepts get the file the following business day. Therefore when the homeowner had her first conversation with Shannon on the 12th we did not know of the payment as we learned about it being received on the 13th. The homeowner chose to contact her bank and put a stop payment on that check.
The homeowner did drop off a replacement check (ck#[redacted]) at our office in St Louis Park, MN. We did not process it right away as we had the other payment showing on her account. [redacted] called the homeowner to inquire if this second check should be cashed. We did not hear back from the homeowner until the 21st and she told us to cash this check which we did.
It is association policy to charge a return payment fee of $20 on any payments that are returned. As agent of the association we follow the policy but also have the authorization to waive that fee which we will do so and the homeowner will notice that on her next bill from us.
Sincerely,
[redacted]
Vice President of Finance
New Concepts Management, Inc.