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Preserve Community Master Association, Inc.

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Preserve Community Master Association, Inc. Reviews (3)

Exhibit 6 . None of the so called write off was ever communicated to me, if it had been then I would have paid the balance. In fact they added a legal fee of more than the write off the day they 'decided' to write it off. IN response presumably to finally realizing they were unfairly charging me for 2014/2015. As you can see I paid what I felt was the fair balance on July 25th 2017. An amount of 191 and one late fee of 20.17The company has decided to write off on August 9 2017 the previous charges from 2014 and 2015 which I appreciated. Then the company charged an additional 247 $ of legal fees on the same day of August 9 2017. That amount is excessive and since we are simply trying to settle the dispute, a very contentious move that also is purely undocumented, without even an invoice or explanation. IS that fair practice. SHould I pay for legal activity that this company has to perform in order to write of the unfair charges it clearly now believes it was making? I have since received a bill different from the exhibit. meaning it does not resemble the balance or charges on exhibit 6, at all. So those amounts on exhibit 6 are exactly the unfair practices that this company is performing.They are 'fabricated' and there is no reason that I should be paying a legal fee for this company to fight a Revdex.com investigation. i.e. the amount of 247 (without invoice or justification, though i'm sure this email will cause them to do just that...) So you can see what I am up against. A company that is charging legal and late fees excessively. And not even sending the invoice to the customer. I would think it is the responsibility of the billing company to communicate properly with the customer, wouldn't you? Not only that but I did reach out to them in May of 2016 and that is the point when I had my name on the bill (they got that information from me in a recorded voice mail). Meanwhile I never have been contacted by the company only it's legal representation in June of 2017.So what one would consider normal business activity for a company selling/conducting a service has never once reached out to its customer, except by repeatedly sending late/legal and incorrect charges. And the incorrect portion of that statement is warranted because now they are at least offering to write off 2014/2015 which has always been a complaint from me. If they hadn't added more legal/late fees at the same time, to more than compensate for the write off. This argument would be over. I will attach the most recent invoice I received on  8/18/2017 and is dated 8/16/2017 which has a different legal fee amount of 203 for Aug 16 2017. and a late fee of 3.38 on Aug 16 2017. (and I am not agreeing with those charges either) What I am saying is that this company is continuing to unfairly charge me. I would rightfully owe 30.31 x 4 payments in 2016 , and 3 x 30.31 payments for 2017. (=212.17). I have paid this company already the amounts of 191.96 and 20.17 which was a settlement for all 30.31 charges up to that time - based on the transfer date of the property on March 5 2016 which is not the sale date of Dec 2015, but the date the property actually transferred into my name.  The 20.17 was me accepting a late fee for not having paid anything up until July 25 2017. The transfer date is clearly in March 2016 in the deed from the county as presented by this company's legal represenation, exhibit 5.If they had not added late and legal fees after July 25 2017 and had given the write off of 2014 and 2015 and communicated it directly to me when they did it, the remaining fees (whcih can be seen on the bill that I originally attached to this dispute) would have been the following entries : Late fees 14.26 3.29 16.23 18.20 20.17 . of which I paid the 20.17. The legal fees at that time would have been 65 and 44.I would not expect any legal fees for the company having to respond to this Revdex.com investigation, would you?  In fact I would expect them to also write off the late fees for 2017 and 2016 and perhaps go half on the legal fees of 65 and 44.If that would be it , I would be ok. If not then I want to point out the late fees and legal fees that they are assessing at their own personal discretion that are extremely excessive on a yearly bill that is a total of 121.22.So i'm rejecting this on those counts. If the company would take 65 + 44 /2 or 54.50 and remove all legal fees and late fees, besides the one I paid, I think that would be fair. OBviously I think this company is an embarassment to good business practices and that the bureau should be aware of this company and that we apparently need to have a judge decide on the practices of this company. I hope that in future they can be a little more customer friendly. INstead they are bullying a customer who just wanted to pay the fair and correct amount.Thanks 
Regards,
Peter [redacted]

We are in receipt of your letter dated July 21, 2017 alerting us to the complaint filed withthe Revdex.com by a Preserve Community Master Association, Inc. ("Preserve")homeowner. The position of the Preserve is as follows:The homeowner is not a "customer" of Preserve. When he purchased...

his home at aforeclosure sale on December 18, 2015, he entered into a contractual relationship with thePreserve. Article IV, Section 4.2 of the Declaration of Covenants, Conditions, Restrictions andEasements for the Preserve Communities ("Declaration") attached hereto states, in part, eachowner of a Privately Owned Site within the Preserve Communities shall be a member of theMaster Association. Article V, Section 5.1, of the Declaration states in pertinent part, the MasterAssociation has been formed to further the common interests of the Owners. In Article VIII,Section 8.1, the Declaration states, "[the Declarant, for each Privately Owned Site owned by it,hereby covenants, and each Owner for each Privately Owned Site owned by such Owner, byacceptance of a deed therefor, whether or not it shall be so expressed in any such deed, covenantsand agrees and shall be deemed to have covenanted and agreed to pay to the Master AssociationBase Assessments . . . Each such Assessment, together with interest, costs, and reasonableattorneys' fees, shall also be the personal obligation of the Owner of such Privately Owned Site atthe time when the Assessment fell due." [Exhibit 1]Despite the representations in his "Statement of the Problem" to the contrary, Preserve canconfirm it is a valid and active Ohio corporation having an original filing date of February 25,1999, incorporated by Steven A. M[redacted] (not by the undersigned) and the undersigned is listedsolely as the Statutory Agent for Preserve. See, attached Corporation Details. [Exhibit 2] ThePreserve did not expire in 2015 as asserted by the homeowner.The homeowner account was sent to our office for collections on May 19, 2017 after nopayments were made for assessments. All billing statements mailed out were not returned to theproperty management company ("Company"). As such, because the homeowner never putPreserve on notice of his purchase of the foreclosed property, the Company had no reason tobelieve anyone other than the original owner still owned the property. As a result, on June 8, 2017two letters were sent to the homeowner regarding a delinquent balance. One letter was sent to thehomeowner address and the other was sent to the tax billing address provided by the FranklinCounty Auditor's website. [Exhibit 3]The homeowner contacted our office on June 30, 2017. This was the first documentedcontact by the homeowner with anyone associated with Preserve. At that time, the balance due wasbased on the information provided by the Company. An initial records search showed that theproperty transferred from the previous owner to the homeowner on December 18, 2015. [Exhibit 4]At no time did homeowner share with our office the property was bought at Sheriffs Sale and notdirectly purchased from the previous owner after receipt of our June 8, 2017 letter requestingpayment be made on the delinquent account. After homeowner disputed the 2014 and 2015assessments, our office further researched the property's history to discover the Sheriff's Deed.[Exhibit 5] At that time, the balance due was adjusted to reflect the waiver of that portion of thedelinquency incurred prior to the sale date of December 18, 2015.It is worth noting that pursuant to Article VIII, Section 8.11 of the Declaration, "[t]heomission or failure of the Board . . . to deliver or mail to each Owner an assessment notice shallnot be deemed a waiver, modification, or a release of any Owner fiom the obligation to payAssessments. In such event, each Owner shall continue to pay base assessments on the same basisas for the last year for which an assessment was made until a new assessment is made . . ." Assuch, whether homeowner received a billing statement or not, he is obligated to pay all assessmentsand be responsible for any late charges andor attorney fees resulting from the failure to timely payassessments.The Preserve is not obligated by the Declaration to send to the homeowner "the agreementor any documentation" as asserted by the homeowner in the "Statement of the Problem." This isthe obligation of the homeowner as part of his due diligence in purchasing a foreclosure home.Indeed, but for notification by a subsequent homeowner (buyer), there is no way for the Preserve toknow who is buying or selling homes in the community or when.Attached please find the Occupant Ledger provided by the Company illustrating the billingadjustments applied to write-off the balance owing prior to the property transfer to homeowner onDecember 18, 2015. [Exhibit 6] As of August 10, 2017, the delinquent balance including past dueassessments, late fees and legal fees is $432.84. Of course, attorney fees continue to be incurred bythe Association for which homeowner will responsible pursuant to Article VIII, Section 8.6.7 ofthe Declaration. As such, a final payoff amount will need to be obtained by homeowner fiom thisoffice prior to payment being made.Please do not hesitate to contact me if you have any questions.Thank you,Jeffrey A. D[redacted] Attorney for Preserve Community Master Assn., Inc.

As I stated in my August 11, 2017 letter to you, there is a contractual relationship between Mr. [redacted] and the Preserve Community Master Association, Inc.  The Preserve has no ability to negotiate the reduction of assessments and legal fees. That said, Mr. [redacted] can avoid incurring additional legal fees for the filing of a complaint against him to collect the balance owing. In order to avoid incurring additional legal fees and costs totaling $268.00 for filing of a complaint, Mr. [redacted] may make payment to Preserve Community Master Association, Inc., received by this office by no later than September 19, 2017. I recommend Mr. [redacted] first call my office to obtain a payoff amount before writing his check. If payment is not received by September 19, 2017, the Association will be left with no choice but to file a complaint with the Franklin County Municipal Court to collect the entire balance then owing. Mr. [redacted] will then be given the opportunity to have a judge decide the case. Thank you for your continued cooperation. Most sincerely, Jeffrey A. D[redacted] Attorney for Preserve Community Master Assn., Inc.

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Address: 107 W Johnstown Road, Gahanna, Ohio, United States, 43230

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