ComplaintsforLandmark Community Management

• Initial Complaint

  11/17/2021

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I moved into the *********** Community in ************ Alabama in January of 2019. Our offer letter to buy the home was contingent on us being able to park our boat at our home. We had it documented by the builder (dr ******) in that letter. We were told we needed to park it behind the fence, and spoke at length about extending our drive to accommodate. We moved in and immediately did the things required to park our boat at our new home. (So we thought) At this time there were around 20 boats in our community. Everything was fine for close to two years until we received a letter saying our boat violated the covenants. Landmark community management hired a new person to manage our community. I emailed landmark properties the offer letter and they essentially said it doesn't matter it's not an approval letter. We were never told we needed one. The covenants say screened from view. For close to two years the fence was enough screening, but the new property manager doesn't like boats poking over the fence. Meanwhile several other covenants are ignored. My neighbors yard has been more dirt than grass for over a year. I feel tricked into buying a home that we can't park our boat at. After fighting the issue for months they came back and said I could screen it with landscaping, but won't give me details on what they want to see. I said I'll plant evergreens along the side but there is little that can be done along the front. It's only a 22' boat, and the only visible portion is the t top. The developer hired the builders and landmark. The lack of communication between the two is not my responsibility. I tried to do my due diligence putting it in the offer letter. Rules are not being universally enforced, and people are being lied to. Landmark refuses to take the next steps laid out in our covenants to try and resolve my issue. The person in charge of our community is acting as judge and jury, and giving me no recourse to pled my case.

  Business response

  01/10/2022

  Business Response /* (1000, 10, 2021/11/22) */ We are sorry about the misunderstanding regarding boat parking and the Covenant requirements in this Community. The Covenants are clear about boats not being visible above the fences, this is a common restriction and common boat Covenant language in most new Covenant controlled communities, and this is the interpretation of all POAs and Board Directors we have worked with. This boat sticks up at least a few feet and as much as several feet above the fence and is clearly visible from the road and from the neighbor's home. The POA and management company are not involved in the home building and/or selling of homes in a community. The salespeople act separately from the POA and they let buyers know that there are Covenant Rules and Regulations and they encourage prospects to review the Covenant Rules & Regulations before buying in a Covenanted community. The Salespeople could not and would not override the Covenant requirements and accept that contingency. We have not seen a POA approval for a visible boat and we have no emails or records about this contingency. From 2019 to 2021 there were a lot of homes built and sold in this large community all at once. Covenant Enforcement was difficult for that period of time with the fast and large influx of new owners. Some of the homeowners in violation did not respond to our letters / emails and that prolonged the process and removal of boats. The Budget and Management agreement only called for a single weekly patrol in the community, so it was a big job to get that under control, but the boat parking is now under control. The developer and most of the owners in *********** insist that the boat restrictions be enforced, most agree that it is necessary to restrict boats to protect property values. The Association sent a welcome letter to the owners address as soon as we were aware of the home being sold that stated that all changes (including fence construction) had to be approved, and that there are Covenant Rules and Regulations. The rules in this community are being enforced consistently and uniformly but that is not going to stop some owners from violating the rules from time to time, and it takes time to bring these owners into compliance so there will unfortunately always be some visible violations because the Association is not going to forcibly remove a boat usually or pay to have a yard sodded. The noted lawn issue is being addressed with that owner and we are persistently pushing for resolution. The manager had spoken to the boat owner about setting up a meeting, we are waiting on a response. We have spoken to the Board representative on this matter and the Board expects the POA manager to enforce this covenant and not allow an exception in this case. In closing, We want to work with owners on all matters but it is important to the Board and to other owners that the Rules and Regulations be honored and enforced. We hope to resolve this matter and work to make this community better and more beautiful. We are not perfect and we make mistakes sometimes, but we have years of experience in community management , we have industry certifications, we work very hard / long hours, and we care about this community and the neighbors. Consumer Response /* (3000, 12, 2021/11/23) */ (The consumer indicated he/she DID NOT accept the response from the business.) I have been clear on wanting a meeting from the start. I was told the board "denied my request." That is not how the covenants say disagreements will be resolved. It is undeniable that we were mislead into purchasing the home. At the time we bought there were boats at several homes. My neighbor was fined for a bass boat in his driveway while mine was behind the fence. I did not receive a fine. That is how landmark was enforcing/interpreting the rule until the change in manager occurred. The board has said I can screen with landscaping, and I am more than willing to do that. If someone from landmark can come over and tell/show us what they want to see happen I will be happy to do that. The same rule that addresses boat parking talks about commercial vehicles, but lots of people bring there work trucks home. The fence and driveway were not approved because we thought it was covered when we discussed boat parking. I contacted are old manager about it, and was told not to worry about it. Again, I'll do the landscape screening that is approved by the board if someone will tell me what I need to do. Business Response /* (4000, 14, 2021/12/03) */ We have met with the Homeowner and had a good conversation. The Homeowner is a good guy with a fair complaint about the promise made at the purchase of his home and his expectations. We agreed to help the owner to the best of our ability in the limited authority given us.

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