Preserve Community Master Association

As I stated in my August 11, 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 feesThat said, Mr [redacted] can avoid incurring additional legal fees for the filing of a complaint against him to collect the balance owingIn order to avoid incurring additional legal fees and costs totaling $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, I recommend Mr [redacted] first call my office to obtain a payoff amount before writing his checkIf 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 owingMr [redacted] will then be given the opportunity to have a judge decide the caseThank you for your continued cooperationMost sincerely, Jeffrey AD [redacted] Attorney for Preserve Community Master Assn., Inc

We are in receipt of your letter dated July 21, alerting us to the complaint filed withthe Revdex.com by a Preserve Community Master Association, Inc("Preserve")homeownerThe position of the Preserve is as follows:The homeowner is not a "customer" of PreserveWhen he purchased his home at aforeclosure sale on December 18, 2015, he entered into a contractual relationship with thePreserveArticle IV, Section 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 AssociationArticle V, Section 5.1, of the Declaration states in pertinent part, the MasterAssociation has been formed to further the common interests of the OwnersIn 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 AM [redacted] (not by the undersigned) and the undersigned is listedsolely as the Statutory Agent for PreserveSee, attached Corporation Details[Exhibit 2] ThePreserve did not expire in as asserted by the homeowner.The homeowner account was sent to our office for collections on May 19, after nopayments were made for assessmentsAll 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 propertyAs a result, on June 8, 2017two letters were sent to the homeowner regarding a delinquent balanceOne 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, This was the first documentedcontact by the homeowner with anyone associated with PreserveAt that time, the balance due wasbased on the information provided by the CompanyAn initial records search showed that theproperty transferred from the previous owner to the homeowner on December 18, [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, letter requestingpayment be made on the delinquent accountAfter homeowner disputed the 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 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 payAssessmentsIn 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, [Exhibit 6] As of August 10, 2017, the delinquent balance including past dueassessments, late fees and legal fees is $Of course, attorney fees continue to be incurred bythe Association for which homeowner will responsible pursuant to Article VIII, Section ofthe DeclarationAs 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 AD [redacted] Attorney for Preserve Community Master Assn., Inc