The Management Trust - Northwest

Complaint: [redacted] I am rejecting this response because: Again, if the management company was directed by the board of directors to jump off the proverbial cliff, will they do it? According to this last response, they willSuch an action is counter productive and counter intuitive to the management consulting services they are supposed to provide Again, if at the direction of the board of directors is to break the law...the management company is stating, and rather emphatically with this last response, that they will follow the direction of the board of directors even if that means breaking the law With the Board of Directors willingly and wantonly desiring to break the law and deny the homeowners their right to a vote to changing, modifying or redefining the CC&Rs, and directing the management company to do the same by facilitating this illegal act by overseeing the meeting with NO rebuttal from them and filing the illegal resolution as well as enforcing the illegal resolution against the best interests of the homeowners of this community As a result of this Street Tree resolution, moneys will be illegally assessed against the homeowners and illegally spent on items the board of directors illicitly considers a "common improvement" when these items are NOT "common improvements." Redirecting my complaint to the board of directors and/or attorneys is uselessThe board of directors are ignorant "volunteers" who know full well that they are breaking the law and denying the homeowners their rights under the governing documents, and they are doing it under the guise of (albeit false) legal protection(s) This complaint is about Management Trust and its failure to provide the sort of honest and legal management consulting services to board of directors of homeowner associations, which they clearly ARE NOT DOING!!! Sincerely, [redacted]

It is our standard practice to confirm the mailing address for each homeowner in the associations we manage, by obtaining a copy of the recorded warranty deed for each lot we serve, from County recordsWhile Mrs [redacted] suggests she was never notified that her home was in danger of being liened, our records indicate otherwiseAll statements and correspondence have been mailed to the record addressMrs [redacted] acknowledged receipt of a Notice of Lien, sent by certified mail, to the same record address on April 10, Therefore, we believe that reasonable and reliable efforts were put forth in order to notify Mrs [redacted] of the statusof her account

Thank you for the opportunity to consider these concernsAt this time, we have reached out to Ms [redacted] directly to review the situation, and the requested lender questionnaire has been submittedShould she have any remaining concerns, she is welcome to contact The Management Trust, and we will continue to oversee this matter until it is resolved

Complaint: [redacted] I am rejecting this response because: The Board of Directors rely heavily on the guidance, counsel, experience and knowledge of the management company - which is why the Board of Directors hired the management company in the first placeFor years the Board members were ignorant (and still are) of the governing documents, their rights and responsibilities, as well as the law governing HOAs (Oregon Planned Community Act)At each board meeting they demonstrate their ignorance of the documents by their own words making things up as they go, NEVER having a copy of the governing documents with them at ANY meeting to refer toAs such, they look HEAVILY upon the management company for advice and direction, and only then when they feel they have enough advice and direction provided by Management Trust, they act in what they perceive to be is in their own best interestsSame goes for legal counsel...no one on the Board of Directors is competent enough to understand the governing documents or statutory law, thus relying heavily on what the attorney says and does when drafting the resolutions dreamed up by the Board of Directors but executed by the attorney, the Board members merely sign it if it contains what they want to protect themselves and their interests and not the interests of all homeowners - which is what Management Company is supposed to guide and counsel the Board of Directors on, and they do notThe resent resolutions prove it Bottom line, what Management Trust is saying in their response, is if the Board of Directors directed them to jump off the proverbial cliff, they would because they act at the direction of the Board of DirectorsThat is an implicit contradiction to their duties as counselors to HOAsThe management company has an obligation to make sure the Board of Directors follows the governing documents, not act against those documents; which is the case with the Street Tree Resolution specifically, which REQUIRES a vote of 75% of the homeowners to be passed because what the Board is doing is changing, modifying or amending the CC&Rs to memorialize their gross misinterpretation of CC&R Section for more than yearsBy allowing the Board to pass this resolution under their direction, guidance, and counsel, Managemnt Trust facilitated the Board of Director's violation of our HOA's CC&Rs at the expense of all homeowners by taking away their right to vote to amend the CC&Rs.Sincerely, [redacted]

Thank you for the opportunity to consider these concernsThe Management Trust works at the direction of the Board of Directors for each association we serveIn this matter, we executed the resolutions adopted by the Board, as prepared by the Association’s legal counselThe request for mediation was made to the Association, not to The Management Trust directly, and the Board has not agreed to enter into mediation at this timeWe will continue to oversee this matter, and to facilitate communications between the Board of Directors and the Complainant, until it is resolved

Complaint: ***
I am rejecting this response because:It is unfortunate that the delays by the HOA Property Management Company cost me additional funds to extend the rate lockThey admit to this delay and are declining to accept responsibilityI have reached out to the lender requesting documentation of a call log to show the lack of responseIf they cannot provide that, then I will honor that part of the respomse on the second delay. My concerns remain that I was advised that the Management Trust did not fill those forms out that were requested, yet it was signed by an employeeSo again I was provided with inaccurate informationThe form also stated that the *** *** *** is FHA qualified, yet the reason for the initial delay was due to being told that *** ***l was not in fact FHA approved. Thank you for your time and consideration I understand you have a lot more resources and documentation than I am able to research in regards to the Community records I again appreciate the response and further consideration to misinformation which led to additional costs on my part to refinance
Sincerely,
*** ***

Management can only reiterate that we work at the direction of the association’s Board of DirectorsOur ability to address the complainant’s concerns is limited, in that we have no decision making authority As such, our response remains unchanged from those previously providedWe recognize the complainant considers this matter unresolvedAt this time, management recommends that the complainant address any ongoing concerns directly to the attention of the Board of Directors, or the association’s legal counsel

Thank you for the opportunity to consider these concernsThe Management Trust works at the direction of the Board of Directors for each association we serveIn this matter, we executed the assessment and collection policies adopted by the Board, following a maintenance related violationAs we
have communicated to the Complainant in the past, she is able to contest the Board’s decision, including any request for a reversal of fees, once the pending maintenance matter is resolvedWe will continue to oversee this matter, and to facilitate communications between the Board of Directors and the Complainant, until it is resolved

I'm writing to inform you the dispute I was having with the Madison Park HOA has been resolved as the Board of Directors have reversed their decision. I do not know if The Management Trust - Northwest was a part of this decision but would like to withdraw my complaint as a good outcome was
eventually achieved. I have attached a signed copy
Thank You,
*** ***

It is our standard practice to confirm the  mailing address for each homeowner in the associations we manage, by obtaining a copy of the recorded warranty deed for each lot we serve,  from  County records. While Mrs. [redacted] suggests she was never notified that her home was in danger of being liened, our records indicate otherwise. All statements and correspondence have been mailed to the record address. Mrs. [redacted] acknowledged receipt of a Notice of Lien, sent by certified mail, to the same record address on April 10, 2015. Therefore, we believe that reasonable and reliable efforts were put forth in order to notify Mrs. [redacted] of the statusof her account.

Complaint: [redacted]I am rejecting this response because: I never received any correspond relating to this matter. I should have been notified prior to the lien. Sincerely,[redacted]

Thank you for the opportunity to consider these concerns. The Management Trust works at the direction of the Board of Directors for each association we serve. In this matter, we executed the resolutions adopted by the Board, as prepared by the Association’s legal counsel. The request for mediation...

was made to the Association, not to The Management Trust directly, and the Board has not agreed to enter into mediation at this time. We will continue to oversee this matter, and to facilitate communications between the Board of Directors and the Complainant, until it is resolved.

Complaint: [redacted]I am rejecting this response because:
Again, if the management company was directed by the board of directors to jump off the proverbial cliff, will they do it? According to this last response, they will. Such an action is counter productive and counter intuitive to the management consulting services they are supposed to provide.
Again, if at the direction of the board of directors is to break the law...the management company is stating, and rather emphatically with this last response, that they will follow the direction of the board of directors even if that means breaking the law.
With the Board of Directors willingly and wantonly desiring to break the law and deny the homeowners their right to a vote to changing, modifying or redefining the CC&Rs, and directing the management company to do the same by facilitating this illegal act by overseeing the meeting with NO rebuttal from them and filing the illegal resolution as well as enforcing the illegal resolution against the best interests of the homeowners of this community.
As a result of this Street Tree resolution, moneys will be illegally assessed against the homeowners and illegally spent on items the board of directors illicitly considers a "common improvement" when these items are NOT "common improvements."
Redirecting my complaint to the board of directors and/or attorneys is useless. The board of directors are ignorant "volunteers" who know full well that they are breaking the law and denying the homeowners their rights under the governing documents, and they are doing it under the guise of (albeit false) legal protection(s).
This complaint is about Management Trust and its failure to provide the sort of honest and legal management consulting services to board of directors of homeowner associations, which they clearly ARE NOT DOING!!!
Sincerely,[redacted]

Complaint: [redacted]I am rejecting this response because: The Board of Directors rely heavily on the guidance, counsel, experience and knowledge of the management company - which is why the Board of Directors hired the management company in the first place. For years the Board members were ignorant (and still are) of the governing documents, their rights and responsibilities, as well as the law governing HOAs (Oregon Planned Community Act). At each board meeting they demonstrate their ignorance of the documents by their own words making things up as they go, NEVER having a copy of the governing documents with them at ANY meeting to refer to. As such, they look HEAVILY upon the management company for advice and direction, and only then when they feel they have enough advice and direction provided by Management Trust, they act in what they perceive to be is in their own best interests. Same goes for legal counsel...no one on the Board of Directors is competent enough to understand the governing documents or statutory law, thus relying heavily on what the attorney says and does when drafting the resolutions dreamed up by the Board of Directors but executed by the attorney, the Board members merely sign it if it contains what they want to protect themselves and their interests and not the interests of all homeowners - which is what Management Company is supposed to guide and counsel the Board of Directors on, and they do not. The resent resolutions prove it.
Bottom line, what Management Trust is saying in their response, is if the Board of Directors directed them to jump off the proverbial cliff, they would because they act at the direction of the Board of Directors. That is an implicit contradiction to their duties as counselors to HOAs. The management company has an obligation to make sure the Board of Directors follows the governing documents, not act against those documents; which is the case with the Street Tree Resolution specifically, which REQUIRES a vote of 75% of the homeowners to be passed because what the Board is doing is changing, modifying or amending the CC&Rs to memorialize their gross misinterpretation of CC&R Section 7.1 for more than 16 years. By allowing the Board to pass this resolution under their direction, guidance, and counsel, Managemnt Trust facilitated the Board of Director's violation of our HOA's CC&Rs at the expense of all homeowners by taking away their right to vote to amend the CC&Rs.Sincerely,[redacted]

We have received the concerns from Ms. [redacted] regarding thecollections charges on her account. This homeowner is a member of the [redacted] Homeowners Association. For 2015, the association had an annual assessmentof $136.00. The statement for the annual assessment was sent to the [redacted]...

inDecember 2014. Our records do not show that this statement was returned to us -information regarding returned mail is saved to the homeowner’s account. Theassessment was due on January 1, 2015 and was late by January 30, 2015. As payment had not been received by January 30, 2015, an interest chargeof $1.36 and a late charge of $10.00 was placed on the account per theassociation’s CC&Rs and Collection Resolution. In addition, a $10.00 chargewas added to the account to send a late statement to the homeowner. This latestatement was not returned to us, and no payment was received. As payment had not been received by the February 28, 2015, the homeownerwas sent a statement regarding a First Notice of Default, also known as apre-lien. Per the management contract, additional charges totaling $54.20 wereplaced on the account for processing the pre-lien and sending out a notice bycertified mail, and an additional $1.36 in interest was added on February 28, 2015. As payment had not been received by March 30, 2015, the homeowner wassent a statement regarding a lien. Per the management contract, additionalcharges totaling $308.20 were placed on the account for processing the lien.Please note that $144.00 of this is a hard cost from the County for recording thelien, which was recorded by the County on April 10, 2015. Information regarding thelien was sent by certified mail.On April 10, 2015, Ms. [redacted] spoke with [redacted] in ouraccounting department, and was transferred to [redacted] after asking to speak to asupervisor. Per our notes, the homeowner was upset because a lien was placed,and she had not received any mail regarding this matter. [redacted] confirmed thatwe did have the correct mailing address on file, so we are unsure as to why thehomeowner did not receive the statements or certified notices. As a courtesy,we were able to remove a total of $52.72 from the homeowner’s account ($40.00charge for processing the pre-lien, $10.00 for a late statement, and $2.72 ininterest). [redacted] could not remove the charges related to the lien, as she didnot have Board approval to do so.During her call with [redacted], Ms. [redacted] indicated that she wouldbe going online to make a payment for the balance due on the account ($469.76),which included the outstanding annual assessment of $136.00. [redacted] emailed [redacted] inour accounting department to have her complete the courtesy reversal of $52.72 -this was completed on April 13, 2015. As of May 4, 2015, no payments have been made to the account,and the complaint to the Revdex.com was filed on April 13, 2015.  The Management Trust acted according to the Association’s CC&Rs,Collection Resolution, and management contract during the collections process,and confirmed with the homeowner that the correct mailing address was on recordwith the association during this time. While we can reach out to the Board tosee if they will make any additional reversals, management cannot remove anyadditional fees from the account without Board approval, as there aresignificant costs to the association related to removing liens.

Thank you for the opportunity to consider these concerns. At this time, we have reached out to Ms. [redacted] directly to review the situation, and the requested lender questionnaire has been submitted. Should she have any remaining concerns, she is welcome to contact The Management Trust, and we...

will continue to oversee this matter until it is resolved.