Sedona Ranch

My wife applied for an apartment in this complexThe leasing agents employed here told her that the specific apartment advertised was availableShe submitted an application and $deposit for that specific apartmentShortly after, they told her it was no longer availableNow they are telling her that it could be days before she could get her deposit backWe are appalled at the way this was handledNot everyone has an extra $laying around for a negligent company like this to play around withPlease help us find a solution and get our money back

Dear [redacted]:
Please be advised that this firm represents Sedona Ranch ("Sedona Ranch"). Sedona Ranch has requested that we contact you concerning you concerning the Consumer Complaint you received from [redacted].
Before a building can be released to the Community and the...

Community receives a Certificate of Occupancy, the building has a fire, electrical, air conditioning, plumbing (including of the water heater) inspection and the building itself is inspected by the City Inspector. If any of these inspections do not pass, a Certificate of Occupancy is not issued and the Community cannot, allow individuals to take possession of the unit that has been leased to them. The Complainants unit has no code violations.
The Complainant executed the Addendum for Apartments Under Construction agreeing to the terms of a new construction property and knew that all amenities may not be functioning or available for use at the time of move-in.
The gym was open and operating at the time of Complainant's move-in; at the time, however, the gym was not operational 24 hours a day due because there were issues with the fob, the access device that all residents are given to allow access to 24 hour facilities on property.
The use of the tanning bed is regulated by the State of Texas. The office has a log that has to be completed by each and every resident when they use the tanning bed. The tanning bed will not be a 24 hour amenity and can only be used during business hours; when the tanning bed becomes operational, all residents will be given an Addendum to their lease explaining the procedures for use of the tanning bed.
The hot tub will not be installed as planned; this is the owner's decision.
Upon Complainant's move in, the Mail Center was not operational because the United
 
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States Postal Service had not placed locks on the mailboxes. The United States Postal Service sorted the mail by apartment number and delivered the mail to the office. At no time did Sedona Ranch go through residents' mail or sort the mail. When a resident came to the office, the resident would provide their apartment number and staff would pull that individual's stack of mail and hand it to them. The staff of Sedona Ranch had no idea what was in the mail or what mail that tenant received. If Complainant is missing multiple checks, she should make a complaint with the United States Postal Service and contact the individual or company that forwarded her the check to see if the check was negotiated and if so, find out who negotiated the check and press charges against that individual. When the United States Postal Service placed locks on the mailboxes, keys were issued to the office and you immediately received your mailbox key.
Please be further advised that Sedona Ranch gave proper notice of the construction of the community to the United States Postal Service and as residents took possession of their leased units, Sedona Ranch gave the resident's name and unit number to the United States Postal Service. If Complainant feels she still is not receiving all of her mail, she should complete an Address Change Form and deliver to the United States Postal Service.
We are quite perplexed about Complainant's statement that "there was no mention of trash service" as Complainant executed the Lease Addendum for Trash Removal and Recycling Costs-Flat Fee, received a trash receptacle and correspondence dated August 26, 2014, advising her of the times and dates of trash pick-ups. Furthermore, Sedona Ranch offered to meet with Complainant concerning setting up a specific time to pick up her trash at a reasonable time.
We don't quite understand that in one sentence Complainant states "I rarely see the construction foreman on sight working," and then in another sentence she states "workers making comments about peoples work out routines while at the gym." Please have Complainant advise this office as to whether the individuals she is alleging making these comments are staff members or construction personnel, provide a description of that individual, a description of that individual's sexual/inappropriate comments and Sedona Ranch will undertake a thorough investigation concerning her allegations. If we do not receive this information with three days of the date of this letter, we will assume this issue no longer exists.
On September 2, 2014, Sedona Ranch advised Complainant that the online payment program was optional and she could opt out. Sedona Ranch further advised Complainant that the billing system was set up and that she would be receiving her monthly billing statements which include all charges for which you are liable. Complainant was advised by Sedona Ranch that water billing was behind due to construction and that Sedona Ranch was taking all actions necessary to resolve this matter; Complainant was further advised that she would not be billed for water prior to the setup of the system. Copmplainant's first water billing will take place in November 2014.
Upon move-in Complaint was provided with a Inventory and Condition Form to be
 
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completed, she provided the Inventory on July 21, 2014, requesting repairs to items she listed in her correspondence to the property and the repairs to all items were made and on several of the occasions with her present for the repairs. If there are additional repairs that need to be performed, Sedona Ranch requests that the Complainant provide those repairs to Sedona Ranch in writing pursuant to Paragraph 26 of the Lease, Sedona Ranch will then schedule a time for repair personnel to perform the repairs pursuant to the parties' Lease Agreement. If Complainant continues to disallow access to her unit for these repairs, she will be served with a three day Notice to Vacate for Breach of Lease.
For your information, Lease Paragraph 26 provides:
"REQUESTS, REPAIRS, AND MALFUNCTIONS. If you or any occupant needs to send a notice or request —for example, for repairs, installations, services,  ownership disclosure or security —related matters —IT MUST BE SIGNED AND IN WRITING to our destenated representative (except in case offire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, crime in progress, or fair housing accommodation or modifications). Our written notes on your oral request do not constitute a written request from you.
Sedona Ranch is disappointed that Complainant believes her expectations were not met because of the construction, but she was fully aware that she was leasing a unit at a property under construction. In the Addendum for Apartments Under Construction she initialed the following provisions:
"I understand that this community and all of its amenities are currently under construction and that upon move in, the common area amenities, such as the pool, may not be completed"
"I understand that management, while making every effort to meet the targeted move-in date, cannot guarantee the move-in dates due to unforeseen delays.
"I understand that as an applicant and or resident, I will not be compensated for any unforeseen occupancy delays."
As you can see by the foregoing, all of Complainant's allegations have been addressed and taken care of and the Complaint she filed against Sedona Ranch was unmerited and for harassment purposes only.
As we advised Complainant in correspondence dated September 19, 2014, the bad faith allegations she continuously makes against Sedona Ranch and its representatives will no longer be tolerated.
 
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Complainant's actions are material violations of the Lease which subject her to a 24 hour Notice to Vacate under Paragraph 32 of the Lease; if she does not immediately cease and desist from libeling Sedona Ranch and its representatives and complying with the provisions of the parties' lease, we will advise our client to file a lawsuit against her in a court of competent jurisdiction for libel and deliver to her a notice to vacate.
Thank you for your time and attention to this matter and should you have any questions concerning the foregoing, please feel free to contact the undersigned. ANY FURTHER COMMUNICATION CONCERNING THIS MATTER SHOULD BE DIRECTED TO THE UNDERSIGNED. DO NOT CONTACT SEDONA RANCH.
 
 
Very truly yours:
 
 
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