Brown Community Management, Inc.

Revdex.com
Date: 8/30/2016 N12th St Phoenix, AZ 85014-Attention: Dispute Resolution Consultant Re: *** *** Complaint # *** Thank you for the opportunity to review and respond to the complaint filed by *** ***It is always our desire to exceed expectations so we assure you this type of complaint is taken very seriously I reached out to Mr*** and we had a healthy discussion about his concerns and our collection processWe have agreed to refund the $late fee and his concerns will be reviewed with the customer service team I would like to thank Mr*** for having a fruitful and open dialog that allowed us to come to a positive resolution. Sincerely, Courtland B*** Financial Services Manager Brown Community Management

RevDex.com June 22, 2016 N12th St Phoenix, AZ 85014-Attention: Dispute Resolution Consultant Re: Halina S*** Complaint # *** Thank you for the opportunity to review and respond to the complaint filed by Halina S*In reviewing the details of the complaint we found it involves activities that are controlled by the Board of Directors and the Association’s governing documentsThe maintenance of the roof is one of the main topics that will be discussed at the board meeting on June 28thMsS*** is welcome to attend this meeting to discuss her situation and learn more about the Board’s plan Please note *** *** *** is an acting agent for the Association and is responsible for enforcing the decisions made by the Board of DirectorsWe feel it would be better served to address this complaint directly with the Board of Directors Sincerely, Kathy L*** Brown Community Management

Thank you for allowing us to respond again. Perhaps this may help clarify that we were not involved in the decisions affecting this complainant. We are requesting that this complaint be closed. Our reasons for this request are simple and self-evident:
The Complainant is directing his complaint to the wrong party. As a managing agent, we have no authority to make policy decisions that would have an impact on the members of the Association.
As the Agent, we are required by contract to implement Policy decisions (made by a board of directors elected by homeowners, including the complainant)
Accordingly, in this instance we were not authorized by the Association to make the repairs requested by the complainant, since his was one of the units identified to be repaired by the developer. As noted previously, due to very recent developments in the Association’s negotiations with the developer, this unit is on a list to be repaired within the next sixty (60) days. To reiterate, the schedule was not ours to determine
We believe we have provided the Revdex.com with enough evidence to warrant closing this complaint. Please note that we have contacted the complainant by mail and by telephone with an update regarding the schedule for repairs

Thank you for the opportunity to review and respond to the complaint filed by *** ***.It is always our desire to exceed expectations so we assure you this type of complaint is taken very seriously.In speaking with *** *** this afternoon we realized that her payment from October was
not cashedShe is in the process of remitting a new payment as a replacementReceiving a past due notice when you have sent your payment is always a concerning situationTo assist her we have agreed to make an adjustment to some of the fees charged as a result of her payment not reaching our office.It is our hope that today's interaction has resolved this dispute ;however ,if there are any additional questions or concerns Iam happy to assist *** directly

Thank you for the opportunity to respond to this complaint. We as the management company are not setting policy or authorized to settle disputes between the homeowner and the homeowner's association. We are contracted by the Association to process payments and perform the tasks
the Association requires
Mr*** has been made aware on numerous occasions of the payment due dates and grace periods. The payments are due on the 1st of the month, with a late fee after the 15th. Mr*** has acknowledged this (see attached correspondence), but has made payments after the due date and grace period on numerous occasions. Please note that we as the management company do not receive income from late fees, so we have no reason to want the customer's payments to be late, or to "hold" payments
As detailed in the attached correspondence, Mr*** has been invited to address the Board of Directors of the Homeowners Association at their meetings, to discuss his disputes, but he has declined. Mr*** has been asked to provide pictures of the "paint" he says was spilled on his walls when trees were trimmed. To date he has declined. Mr*** did receive a parking violation for a vehicle that apparently was not related to his lot, and that violation was closed, and the fine waived
Finally, Mr*** has been extremely abusive in his conversations with our representatives, to the point where they find it very difficult to converse with him. Since he refuses to address the Board of Directors in a meetingwe have done everything we can at this point to assist in resolving his dispute with his Homeowners Association

I was able to obtain a copy of the inspection and it looks like both the board and management company is well aware of the poor condition of my roof! This is not something I take lightly as it does affect not only the value of our property but it also creates health issues for my baby! There are signs of mold and we can never get rid of termites! There is moisture in the structure of the house. The roof needs to be replaced!

Better Business...

Bureau                                     ...⇄ July 25, 2016                           4428 N. 12th St Phoenix, AZ 85014-4585 Attention:  Dispute Resolution Consultant   Re: [redacted]/KDS Home Augmentations Complaint # [redacted]   Thank you for the opportunity to review and respond to the complaint filed by [redacted]. In reviewing the details of the complaint we find it pertains to decisions made by the Board of Directors based on provisions found in the CC&Rs. As the managing agent, Brown Community Management does not have the authority to establish policy.   The Covenant, Conditions and Restrictions (CC&Rs) for Ventana Lakes Property Owners Association outlines the requirement for new owners to pay a capital preservation fee when they become an owner in the association. The $2,000 capital preservation fee is a one-time fee charged to each new owner. This amount is not pro-rated based on the length of time they own the property.   Please contact the community manager, Renee B[redacted], at ###-###-#### to obtain the date and time of the next board meeting. We feel this complaint would be better served by addressing it directly with the Board of Directors since BCM has no authority in the decision process for this complaint.   Sincerely, Kathy L[redacted] Brown Community Management

Please see the attached response letter. This letter contains private information that should not be displayed publically based on the FDCPA.Thank you for the opportunity to review and respond to the complaint filed by [redacted]. It is always our desire to exceed expectations so we...

assure you this type of complaint is taken very seriously.On Wednesday April 1, 2015 we received the Revdex.com complaint from Mr. [redacted] stating several concerns.• Concern 1 - HOA management company changed without his knowledge.o [redacted] Property Owners' Association transitioned from First ServiceResidential to Brown Community Management (BCM) on September 1,2014. During the transition, BCM was provided with the owner's mailing addresses.  A welcome letter and information regarding payment options were sent to all of the owners. The documents informed the owners of the transition and provided them with BCM's contact information.• Concern 2 -Payments made to the previous management company are missing.o Mr. [redacted] was contacted on April 1st after receiving his Revdex.comcomplaint. Upon reviewing his account ledger he believed there were payments missing that were mailed to First Service Residential. Upon researching the disputed payments, we confirmed that all payments were properly credited to his account.• Concern 3 - A lien was placed on his home.o Based on the April1st conversation with Mr. [redacted], all payments wereproperly credited to the account. Our records indicate the account became past due in September 2014.  Many attempts were made to contact Mr. [redacted] by phone and mail in November and December 2014. When we did not receive a response to our messages, a Notice of Lien was recorded on2/23115 and a copy was sent to the property address. o In speaking with Mr. [redacted] he noted his mail should have been forwarded, but he also stated that the service may not have been renewed with the post office. In addition, copies of his checks reflect the [redacted] property address as the return address. Therefore, everything that BCM received from First Service Residential and the homeowner had theproperty address, which is the address used for all of the BCMcorrespondence.• Concern 4- Letter received on the March 17, 2015 allowed him 14 days to resolve the HOA violations, but then he was informed on the March 31, 2015 that fees were assessed prior to the 14 days.o The Association has established a CC&R compliance program to notify homeowners when their property is not in compliance. Two notices are sent to the owner prior to charging a fine. Upon issuing the 3rd, and subsequent notices, a fine is charged to the account. On 3/18/15 three non-compliance letters were sent to Mr. [redacted], two of the letters were 3rd notices and one was a 6th notice. Fines were charged to the account for each notice on3/18/15. As of April 2nd, no further fines have been charged to the account.o Copies of the non-compliance letters are available upon request.• Concern 5 - He did not receive an itemized copy of his ledger as requested.o On 3/17/15 Mr. [redacted] spoke with Lizzie Gonzalez and requested his account ledger. The ledger was sent via email that very day. On April1st,Mr. [redacted] verified the email address was accurate.o We are placing another copy of the ledger in the mail today.Mr. [redacted]'s dispute regarding the fees and fines charged to his account will be forwarded to the Board of Directors for review at their April16,  2015 meeting. The community manager, [redacted], will notify him ofthe Board's decision.Please note that Brown Community Management is an acting agent for the Association and is responsible for enforcing the decisions made by the Board ofDirectors. We feel it would be better served to address this complaint directly with the Board of Directors.

Thank you for the opportunity to respond to the complaint filed by Mr. [redacted]. Our desire is to exceed expectations so we assure you this complaint is taken very seriously. The first item noted is a concern about how payments are applied to accounts. Payments are applied based on ARS 33-1807 in...

the following order: 1) assessment; 2) late charges; 3) collection fees 4) attorney fees/costs 5) all other charges. The second concern relates to the date assessments are due. Per Section 8.8 in the HOA’s CC&Rs the Board is authorized to set the due date for assessments. Section 8.10 states an assessment is considered late if not paid within 15 days of the due date. The Board has set quarterly assessments with the due date on the first day of the month.  The third concern focused on the circumstances for a notice of lien to be placed on a property. The Board’s Assessment Collection Policy of October 15, 2013 states that a lien should be filed when the balance of at least $200 reaches a ninety (90) day past due status. The lien shall not be released until such time as the account is paid in full.  The final concern stated that an employee represented herself as an attorney. After further clarification with Mr. [redacted] we feel the employee stated she answered the calls for the attorney and not that she was the attorney. Any confusion was not intended and our goal is to represent the HOA’s interest accurately and professionally.  On March 15, 2016, Mr. [redacted] met with the HOA Board and they came to an agreement that was beneficial to all parties. We believe Mr. [redacted]’s concerns have been addressed and we thank him for keeping the lines of communication open so we could obtain a positive resolution.  Please note that Brown Community Management is an acting agent for the Association and is responsible for enforcing the decisions made by the Board of Directors. Please let us know if there are additional questions.  Court B[redacted]

Thank you for allowing us to respond. Ms. S[redacted] was able to attend the June 28th meeting and presented her concerns. The Board of Directors made the decision to go forward with the repairs on her roof and work is scheduled to begin on Thursday, [redacted]. 2016. While we are very pleased a resolution was reached between the two parties, we do feel the complaint was directed towards the wrong party. As a managing agent, we have no authority to make policy decisions that impact the association members; we are required by contract to implement policy decisions made by the Board.Sincerely,Kathy L[redacted]Brown Community Management

Thank
you for the opportunity to respond. The Ciento Condominium Association is
governed by a board of directors. Brown Community Management is the managing
agent and we take direction from the board with regard to matters of the
Association. Therefore, with regard to the request for car...

damages to be paid,
Brown Community Management does not make that decision. That decision is made
by the Association's board of directors. To that point, this incident has
been addressed through different avenues. The community manager presented [redacted] (Ciento Tenant) request to have [redacted]' car repaired by the Association to the
board of directors and the board denied this request. The Association's attorney,
[redacted], advised the association to have the [redacted] file a claim through
the Association’s insurance. The claim was denied because the adjuster found no
evidence that the association or the association’s gate were responsible for
the damage. There have been a multitude of emails that have been exchanged
between the community manager, [redacted], the attorney, and the insurance rep.
Since
The Ciento Condominium Association is governed by a board of directors, the
appropriate forum to address the directors is at a board meeting. The next
meeting is scheduled for [redacted] at [redacted] in the Associations east
meeting room. Sincerely,Courtland B[redacted]    Financial Services ManagerBrown Community Management

Thank you for submitting your concern and request for reimbursement.  Brown Community Management, as the management company, will gladly provide your appeal to the Board of Directors of your community association.  The management company is not the party that makes...

decisions on appeals for reimbursement, and is therefore not the party about whom this complaint should be filed.  The Board of Directors for your community association must decide on appeals for reimbursement from the community association.

The situation with the referenced condominium unit involved an alleged construction defect.  No lawsuit was filed, but the Condominium Association’s Board of Directors and its legal counsel, along with management company representatives, negotiated with the developer to remediate all alleged...

defects as soon as possible.  Please note that the developer invoked its legal rights, under Arizona statutes and the Association’s governing documents, to make the repairs using its own contractors.  The developer would not agree to reimburse the Association for repairs; consequently, the Board would not authorize the use of the Association’s funds to make the repairs.  Based on recent developments in negotiations with the developer, this unit is on a list for repairs to be completed within the next sixty (60) days.As the Association’s management company, we have been working diligently with the Board and the developer to resolve these alleged construction defect issues as soon as possible.

Thanks for the opportunity to respond. We reviewed the complaint submitted to the Revdex.com and we reached out to Mr. [redacted] to resolve the issue. We would like to thank Mr. [redacted] for his willingness to discuss these matters and work toward a positive resolution. With regard to his statement...

about receiving a letter of non-compliance for painting his home, this has been addresses. Mr. [redacted] recently purchased the home. The previous owner had painted the home prior to selling without getting approval from the HOA board, which is required per the governing documents. This violation was not caught until after the home transferred ownership to Mr. [redacted]. Therefore, when the violation was noted, it was sent to Mr. [redacted] the current owner. The community manager explained what occurred to Mr. [redacted] and during this discussed Mr. [redacted] stated that he intends to paint his home by the end of the year and will get the necessary approval before proceeding. This issue has been resolved and the violation closed.The second part of the complaint with regard to the HOA not allowing Mr. [redacted] to re-rock his yard, trim trees, and fix a broken block was a misunderstanding.  The letter sent Mr. [redacted] stated that the he WAS allowed to re-rock his yard and trim his trees and these actions did not need HOA board approval. However, the letter did DENY the repair of the block wall because the HOA board wanted verification that the neighboring property that share the responsibility of maintaining this block wall was aware and approved of the repairs. This too has been communicated with Mr. [redacted] and he has provided his neighbor’s verification on the needed repairs. On 5/24/17 a formal approval letter was sent to Mr. [redacted] informing him that he could complete the needed maintenance.

We are instructed to contact the HOA for emergencies, the HOA is also the direct contact to the vendor and the owners pay the HOA directly for service. The vendor (landscapers) caused this damage therefore the vendor should be paying the plumbing fee not the Board. I have attached the pictures I took on the day of install and the pictures the plumber took on the day of repair. All of the evidence proves the landscapers caused this damage. I would like to be reimbursed for the plumbing services of $420.00 that I have already paid. Thank you, Serena Feingold

Ms. [redacted] originally submitted a complaint requesting that the "HOA" reimburse her expenses.  Brown Community Management is not the HOA; HOA decisions are made by the Homeowners Association's Board of Directors.  In Ms. [redacted]'s second request, she notes that she contacted the "HOA" because she believes the "landscape service" caused the damage.  Brown Community Management is not the landscape service.  So again, this complaint is incorrectly filed with the Revdex.com against Brown Community Management.  The management company is not alleged to have caused any damage, and should not be the entity against whom this complaint is filed.  We have offered to take Ms. [redacted]'s request to the Board of Directors of her HOA.  Also, we contacted the landscape service ([redacted]) on Ms. [redacted]'s behalf, and they responded that they were not responsible for the alleged damage.  [redacted], the landscape service which Ms. [redacted] believes should reimburse her expenses, has offered to pay 50% of the amount Ms. [redacted] requested, as a goodwill gesture.  Again, this complaint should be filed against the landscape service, not against Brown Community Management, as Brown Community Management is not alleged to have caused the damage.  Thank you.

Attached is the response to Ms. [redacted] complaint. Please be advised that it contains confidential account information that should not be available for review on the public website. We also feel the complaint involves actions completed at the Board's direction and would be better served if...

she discussed it directly with the Board of Directors. We ask that the Revdex.com consider not including this as a BCM complaint as it pertains to actions completed on behalf of the Board.Sincerely,[redacted]

Please see the attached response letter. This letter contains private information that should not be displayed publically based on the FDCPA.Thank you for the opportunity to review and respond to the complaint filed by [redacted]. It is always our desire to exceed expectations so we...

assure you this type of complaint is taken very seriously.On Wednesday April 1, 2015 we received the Revdex.com complaint from Mr. [redacted] stating several concerns.• Concern 1 - HOA management company changed without his knowledge.o [redacted] Property Owners' Association transitioned from First ServiceResidential to Brown Community Management (BCM) on September 1,2014. During the transition, BCM was provided with the owner's mailing addresses.  A welcome letter and information regarding payment options were sent to all of the owners. The documents informed the owners of the transition and provided them with BCM's contact information.• Concern 2 -Payments made to the previous management company are missing.o Mr. [redacted] was contacted on April 1st after receiving his Revdex.comcomplaint. Upon reviewing his account ledger he believed there were payments missing that were mailed to First Service Residential. Upon researching the disputed payments, we confirmed that all payments were properly credited to his account.• Concern 3 - A lien was placed on his home.o Based on the April1st conversation with Mr. [redacted], all payments wereproperly credited to the account. Our records indicate the account became past due in September 2014.  Many attempts were made to contact Mr. [redacted] by phone and mail in November and December 2014. When we did not receive a response to our messages, a Notice of Lien was recorded on2/23115 and a copy was sent to the property address. o In speaking with Mr. [redacted] he noted his mail should have been forwarded, but he also stated that the service may not have been renewed with the post office. In addition, copies of his checks reflect the [redacted] property address as the return address. Therefore, everything that BCM received from First Service Residential and the homeowner had theproperty address, which is the address used for all of the BCMcorrespondence.• Concern 4- Letter received on the March 17, 2015 allowed him 14 days to resolve the HOA violations, but then he was informed on the March 31, 2015 that fees were assessed prior to the 14 days.o The Association has established a CC&R compliance program to notify homeowners when their property is not in compliance. Two notices are sent to the owner prior to charging a fine. Upon issuing the 3rd, and subsequent notices, a fine is charged to the account. On 3/18/15 three non-compliance letters were sent to Mr. [redacted], two of the letters were 3rd notices and one was a 6th notice. Fines were charged to the account for each notice on3/18/15. As of April 2nd, no further fines have been charged to the account.o Copies of the non-compliance letters are available upon request.• Concern 5 - He did not receive an itemized copy of his ledger as requested.o On 3/17/15 Mr. [redacted] spoke with Lizzie Gonzalez and requested his account ledger. The ledger was sent via email that very day. On April1st,Mr. [redacted] verified the email address was accurate.o We are placing another copy of the ledger in the mail today.Mr. [redacted]'s dispute regarding the fees and fines charged to his account will be forwarded to the Board of Directors for review at their April16,  2015 meeting. The community manager, [redacted], will notify him ofthe Board's decision.Please note that Brown Community Management is an acting agent for the Association and is responsible for enforcing the decisions made by the Board ofDirectors. We feel it would be better served to address this complaint directly with the Board of Directors.

March 10, 2014

Revdex.com

4428 N. 12th Street 

Phoenix, AZ 85014-4585

Attention: [redacted]

Re: [redacted]

ID # [redacted]

Dear [redacted],

/>

Thank  you for  the opportunity  to review  and  respond  to the  complaint  filed  by [redacted].   It  is always  our  desire  to exceed  expectations  so  we assure  you  this type  of complaint is taken very seriously.

In researching  Ms. [redacted]'s complaints,  we feel it important  to mention  the Association is still under Declarant  control  as [redacted]  continues  to build  homes  and controls  the assets of the Association.   [redacted]  Management  is not unable to sign contracts on  behalf  of  the  Association   nor  are  we  authorized  to  spend  monies  without  express permission beyond utilities, signed contracts or emergency  repairs above $500.

Ms.  [redacted]  stated  that  there  has  not  been  a  meeting  since  November   2011;  this  is accurate.    The  [redacted]   manager,  [redacted]  [redacted],  as  well  as  previous  [redacted] managers, has made recommendations to the previous builders that a "town  hall" type of meeting be held at least annually.   The governing  documents  do not require  this but we do agree with Ms. [redacted]'s assertion  that  it would benefit  the membership and  builder. [redacted]  will  continue   to  press  for  this  type  of  meeting  to  happen  by  requesting  the Declarant to approve  holding  this meeting.   Additionally,  homeowners  can approach [redacted] directly  by visiting  the model  homes  at the [redacted]  and speaking  to the [redacted] representative  staffed  on site.  Ms. [redacted]  has communicated  this to Ms. [redacted] previously, though it is our understanding  that Ms. [redacted] is unwilling  to do so.

Ms. [redacted]  is accurate  that a fire hydrant  flooded  an area and washed  away  gravel and plants.   [redacted]  has worked  with the current  landscape  company  to obtain  a proposal  to replenish this area  with gravel  and plant  material.   This  has  been approved  and will be scheduled to be completed  by the landscapers  within the month of March of this year.

Ms. [redacted] is requesting  that a light pole be installed  in a park area by the Association. Light  pole  installations   are  very  expensive  to install,  typically  costing  $4,000-$6,000.

 

[redacted] does not have the authority to approve such an installation  and has passed along  the recommendation  to the Declarant,  but this has not been approved  at this time.

Ms. [redacted] correctly asserted that the Association removed 20 trees; these trees were determined by an arborist to be deficient and diseased which created a liability for the Association  as  they  were  precariously   leaning  towards  the  street,  walls  and  towards homes.   The Association  did  not want to risk  losing one  of  these trees  in a storm  and having it fall onto personal  property  or common  areas and cause  damage  or potentially harm an individual.

Ms. [redacted] mentioned  that she would like an irrigation line run to a potted  plant but that the landscapers  told  her  that  they  would  not  run  the line.    This  is also  correct  as  the Association does not permit homeowners  to add to or install additional  landscaping  in the front yards as they are maintained  by the Association.  The potted plants that do exist in the [redacted] are in the common areas near Monuments, not in the front yards of homeowners.     Any  potted  plants  in  homeowner   yards  would   be  in  violation   of  the Convenants,  Conditions and Restrictions  of the Association.

Lastly,   Ms.  [redacted]   lives   in  a  [redacted]   whereby   the   front   yard   landscaping    is maintained by the Association  as part of the monthly assessments  collected from the membership.    The  Association   has  retained  [redacted]  [redacted]  Landscape   as  the  landscape contractor  to maintain  the common  areas and  the front  yard  landscaping.    [redacted]  [redacted] follows the horticultural  teachings of the [redacted]  [redacted].)  for landscape  including  plant renovations.   This  type of landscaping  is quite prevalent  in Arizona  and  matches  the type  of  landscaping  requested  by  the  Declarant. [redacted] foreman [redacted]  [redacted] has met with Ms. [redacted] on at least two occasions  at the [redacted]  and her home to explain to her the process of landscaping.   Ms.  [redacted] is requesting that [redacted] have their landscape  contract terminated,  however  that is not the wish of the  Declarant,  **  [redacted].   [redacted]  [redacted]  has  performed  a good  job  at the [redacted].

Thank you for allowing us to provide an explanation  and if there are additional  concerns or questions, please feel free to contact me directly at [redacted].

Sincerely,

VP of Operations

[redacted]  Management

[redacted]management.com

###-###-####

Thank you for allowing us to respond again.  Perhaps this may help clarify that we were not involved in the decisions affecting this complainant.  We are requesting that this complaint be closed.  Our reasons for this request are simple and self-evident:

 

1. The Complainant is directing his complaint to the wrong party.  As a managing agent, we have no authority to make policy decisions that would have an impact on the members of the  Association. 

 

2. As the Agent, we are required by contract to implement Policy decisions (made by a board of directors elected by homeowners, including the complainant).

 

Accordingly, in this instance we were not authorized by the Association to make the repairs requested by the complainant, since his was one of the units identified to be repaired by the developer.  As noted previously, due to very recent developments in the Association’s negotiations with the developer, this unit is on a list to be repaired within the next sixty (60) days.  To reiterate, the schedule was not ours to determine.

 

3. We believe we have provided the Revdex.com with enough evidence to warrant closing this complaint.  Please note that we have contacted the complainant by mail and by telephone with an update regarding the schedule for repairs.