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    ComplaintsforSouthern Property Management

    Property Management
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    Complaint Details

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    Complaint Type
    • Complaint Type:
      Order Issues
      Status:
      Answered
      They are a property management company that harasses tenants and seeking to create frivolous actions to create fines.

      Business response

      04/10/2024

      Southern Property Management (SPM) provides association management services to Parkstone HOA, a residential subdivision located in *******, Georgia. As is outlined in the management agreement, all management actions taken on behalf of Parkstone HOA are completed in accordance with the individual communitys governing documents, and in accordance with the wishes of the ***** of **********

      One of the essential duties SPM is contractually obligated to perform is the regular inspections of homes and lots to ensure compliance with the governing documents and community wide standards. If any violations are noted for a property during the inspection, a compliance letter is mailed to the address of record for the account in accordance with the governing documents. The ***** of ********* for the community reviews and approves the inspection report prior to any violation letters being mailed out to homeowners.

      The main purpose of the violation letters is to open a line of communication between the Association and an owner so that any potential issues may be resolved in a timely manner; it is not to generate fines as a revenue source. If an owner has any questions regarding the letter,if they are already working on correcting the issue, if they need to request an extension, or if they believe the letter was sent in error, then the letter encourages the owner to contact our office to discuss the matter. We are happy to speak with homeowners and work through any issues together and hope to make the compliance process as painless as possible. It will never be fun, but we certainly hope that with a bit of patience and understanding on all sides it will be bearable. However, if an owner is unsatisfied with the response from SPM related to a violation, we are happy to put them in contact with the ***** of ********* so that they can discuss the matter directly, as was done in this particular case. Both SPM and the Parkstone ***** of ********* want to work with homeowners in any way possible to resolve issues in order to promote and maintain property values within Parkstone HOA.

      Unfortunately, SPM is contractually obligated to perform the inspection process on behalf of Parkstone HOA, so we cannot simply cease sending violation notices to any owner therein. However, we welcome all owners who receive a violation notice to reach out to our office and we are more than willing to help explain what the letter is referring to,take a second look at the issue, refer it along to the ***** of *********,and/or provide an extension to the original deadline so that the owner has a bit more time to resolve the problem.
    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      I had this storage for a long time at my backyard. Just received a letter say there is an unapproved shed in your back yard, Please remove the shed within 14 days. They took this picture from my backyard without I say yes. There is nothing to do with this storage. It just a small storage. Please do not take picture from my backyard again. Cause someone broke into my house from backyard before. Unprofessional property management

      Business response

      07/24/2023

      Homeowner was initially contacted in June 2021 about the unapproved shed. He submitted a request for the shed which was denied due to lack of required information for the request. He had also moved the shed so the *** thought it had been removed. Recent work in the common area behind the home showed it had not been removed at all. The photo of the shed was not taken from the homeowner's yard, but from common area owned by the ***. If it had been taken in his yard, there would not be a fence between the picture taker and the shed. The shed is still not in compliance with the *** guidelines and must be removed per the covenants of the community.
    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      Southern Property Management "manages" our *** and they are horrid. They took $800 from each resident two and a half years ago for a roads project that never occurred. Multiple attempts have been made to get an update on the project without return of call. The front entrance (which is the only thing that they manage in our neighborhood) looks terrible. They need to be removed as the *** and all residents should get their money back.

      Business response

      11/19/2022

      Southern Property Management is hired by the ******************* of ********* to manage the affairs of the association. All actions are governed by our management contract and the communitys governing documents. While we do collect and manage association funds (that are paid directly to the *** not SPM), those funds are spent at the discretion of the *** ***** of ********** They are not spent by SPM nor at our discretion.

      This homeowner never once reached out to myself, as the community manager, to either ask for an update on the road project nor to complain about the front entrance,which is maintained by a totally independent landscaping company not SPM. Updates were provided at the annual meeting this year (which the homeowner did not attend)and after via eblast to all owners, and at any time thereafter when I have been asked for one. This homeowner has not contacted me to date for an update before submitting this complaint.

      In terms of how things work, I will give background because what has been represented is not true (homeowners have not paid a single dime to SPM for either landscaping or the road project)

      Union Station has private roads, which means the community must pay for all maintenance and upkeep on roads, sidewalks, and curbs. In order to avoid the six-figure cost to repave the roads in the coming years, there is an option to turn over ownership of the streets to the county. Before the county will accept ownership though, they require a punch list of repairs be completed.

      After consulting with an attorney on this matter, he advised the community would need a vote of 67% of the membership to approve a special assessment to fund the road project, and also an amendment essentially relinquishing of ownership of the roads to the county. I personally spent well over TWO YEARS trying to get enough owners to respond one way or another so the community would know if turning over ownership was a viable path forward. That is two years of begging repeatedly over and over for people to simply fill out two slips of paper and return them to our office.

      The price of the road project was initially quoted at $22,608 for just the road work. Then it would be another $4,000 or so for legal work and surveys. These amounts are what determined the special assessment fee eventually collected by each homeowner. It took well over two years for owners to return ballots (so that we had a majority vote to impose the special assessment) and to pay their special assessments, so that the *** could in turn proceed with starting the project. There is no reason it should have taken that long. Had the homeowners actually responded in a timely manner, then frankly the road project would be over by now. In the interim a global pandemic occurred that has had a tremendous impact on the road project, yet that is simply beyond either SPM or the ***** of ********* control.  

      As we found out earlier this year, the price for repairs skyrocketed to $69,995 (a 209% increase) earlier this year due to pandemic related increases in asphalt, scope of work increases, etc. I was able to meet with the county and get that number back down to $39,306, but that is still a substantial increase from the original price, especially once you add on the additional legal and survey fees which have also increased. At the annual meeting this year it was mentioned that with around $19,000 in reserves the Association should be able to meet some shortfall if needed, but neither the ******************* of ********* nor myself could have possibly predicted that the county would radically change the scope of work (mill out depth) to over double what was okay before, plus doubling the areas that needed to be repaved.

      The ***** of ********* consist of homeowners that live in the community who are elected by the membership. As the governing body of the Association, they are who determines how many is spent and when, which contractors to use, etc.   

      In terms of the road project, the ***** decided to not immediately move forward after receiving the latest cost projections due to the following factors:
      Costs will completely wipe out virtually all of the Associations reserve fund
      Historic inflation rates and other economic factors mean the Association would be paying an all-time high rate for the services
      Historic interest rates mean that a loan isnt really a great option to meet at least part of the shortfall in order to avoid spending the Associations entire reserve fund
      The governing documents severely limit the Associations ability to impose special assessments, so once the reserve fund is wiped it cannot quickly raise funds if needed for an emergent repair outside of the budget
      The governing documents severely limit the ability to increase the annual dues, so once the reserve fund is wiped it will be a long road over many, many years to build up any kind of real reserves again
      The ***s budget is razor thin without padding, and it goes into the red more often than not (yearly expenses more than income) which requires drawing money from reserves; thus there has to be SOME money in reserves or the *** will not be able to function
      Rates for everything continue to rise steadily, which means even more money spent on regular operational expenses

      Not moving forward immediately does not mean never moving forward. Rather it means that the board will continue to evaluate the currently economic climate, and once come back down to normal and inflation levels out,then the Association will be ready to move forward. The money collected for the road project is in reserves set aside for this and has not been touched whatsoever.

      As an aside, SPM has done many things for FREE for the road project that should have been charged extra. I had countless meetings on-site and did not charge trip fees. Its standard in our industry to charge a 7-10% project management fee for any contracts/projects that are over $15,000,which we are not charging. Its also standard to charge 5-10% of special assessments to account for all of the additional work involved, which would have been $1300 - $2700, which we did not charge. Lastly, we also went from collecting assessments one time per year on 38 homes to 5 times a year for most homes, which is a dramatic increase in labor. When we quote our services to a community, we absolutely factor in the frequency of dues collection and that is a big component of our price per home. The additional dues collection was something that SHOULD have incurred more fees but was done at no extra cost just because we are trying to help get this done.

      So to recap, SPM is NOT the *** we are a third party management company hired by the ***** of ********* to provide consulting services, such as dues collection and CCR enforcement. Homeowners have paid SPM zero for the road project, even though SPM legitimately has provided THOUSANDS of dollars in free services to try and help facilitate getting this done for the homeowners. Homeowners did pay the Association, and it is the Associations ***** of ********* who make decisions for the community, not SPM. It would be a violation of Southern Property Managements contract and licensing law to refund any monies legitimately paid to the Association, unless instructed by the ***** of ********** If the ***** of ********* would like to refund all homeowners,they can certainly let us know and we will be happy to do so. However, SPM is under no obligation to do this entire process for free again in the future and there will be extra charges to the Association for all of the extra work that should have been collected the first time.  

      Lastly, SPM does not provide landscaping services for the community they use a separate landscaper who is in no way affiliated with our management company. I would be happy to speak to the landscaper regarding any issues to try and bring resolve so that homeowners are happy (within reason, because the Association did opt to use a lower cost provider to save money), but I cannot do that if I am never contacted.

      Customer response

      11/20/2022

       
      Complaint: 18438907

      I am rejecting this response because:

      Not only are you incorrect but you are unavailable and unprofessional. I have made THREE written attempts to contact you and I have tried to call you as well but you do not work onsite and are always "out" when an attempt is made to reach you. As the "management" company for our board of directors, that makes SPM the *** for this community. It is SPM that sends out community notifications, holds our funds, and manages what can and cannot be done in this community. 

      From my perspective there is NOTHING wrong with the road in our community. I personally felt like you were forcing us to do something that was not necessary. There was not an option to do nothing and that is something that we also should have been able to decide on. All the extra work that you have done has ultimately been in vain and was not necessary to begin with. 

      The community has not received an update on this project and that is unacceptable. Following a board meeting, it is your responsibility to inform the homeowners the information that was discussed. You have had $765 since April of 2021. The pandemic was in full swing at that point yet you still decided that it was pertinent to obtain money and move forward with the project (that did not happen). Since you have no intention to move forward with it at this time, that money should most certainly be returned to the homeowners and we should be able to decide if it needs to happen at all.

      It is interesting that the things that you "manage" you do not take accountability for. The front entrance is one perfect example. SPM contracts the landscapers correct? The front has not had pine straw in several years, there are weeds everywhere, and the potted plant has been DEAD for at least three years. Homeowners are very quick to receive a notification from you regarding the above issues, yet the same standard is not obtained for the part that you assist in managing. 

      If you look at the reviews for your business profile it becomes easy to see that this kind of behavior is sadly normal for SPM. For your information, I have drafted a petition to have SPM removed from this community. I feel confident that I will obtain the necessary amount of signatures to do so. 


      Sincerely,

      *****************************

      Business response

      11/21/2022

      I am attaching the email I sent directly to the homeowner earlier this morning.Again, this is the FIRST time I have been contacted regarding this request. I have spoken to the owner about other things, and my email and work cell phone are clearly in my signature. I do work remotely 4 days out of the week, but if someone wants to speak to me then they can call the cell phone listed. Also, I do not have a typical desk job. I am in and out a lot for site visits and vendor meetings, but regardless I always follow up promptly upon my return.

      SPM does not determine what is done in the community period. The board of directors make the decisions, and we execute them. Except on certain decisions, like special assessments or amendments. Those require 2/3 membership approval. The road project assessment and vote to turn over road ownership could not have proceeded without the required number of yes votes. The option, had you not wanted to proceed, was to simply vote no. This was all clearly explained see attached.

      Why did owners want to proceed? Because then you can avoid paying $125,000+ to topcoat the roads in 10 years or so. But sure, if you would rather pay a special assessment for that, then please go right ahead. THAT is why I have spent so much time and effort trying to help get this done for zero extra expense paid to SPM for the hours and hours of work involved because I actually care and wanted to save you guys from either having roads that are filled with potholes to the point where the county steps in and will levy fines, or the homeowners having to pay a massive paving bill. Obviously, that has been a waste of time and totally unappreciated.

      Owners were given until November 2021 to pay the final road installment assessment cost to the Association. Some paid in a lump sum, but most did not. The project cannot start until the community can actually pay for it, so not really sure what you want me to do about that. Lastly, the asphalt and concrete cannot be poured when the weather is too cold, so we were required to wait until it warmed up earlier this year. Because cold causes damage to roads, you cannot even start the county reinspection project until after or else there may be new issues that need repair by the time you can finally proceed. Again, ALL of this was covered at the annual meeting. No one who actually heard the process that must take place and the steps and timing of when it was complete had any issues. Lastly, inflation was not in full swing in 2021 nor were the other factors mentioned. This is all irrelevant though because SPM DOES NOT DECIDE WHEN TO COLLECT MONEY OR WHEN TO REFUND IT.

      There is no duty to proactively notify owners after every board meeting. Owners should attend the regular meetings of the membership for updates, read the information posted to the homeowner portal, and/or contact me directly for other updates.

      Your statements regarding the landscaping contract are also absolutely false. Your board of directors selects ALL vendors, including SPM. The contract with the landscaper is with the ASSOCIATION, not SPM. Please explain why you think our company, who has ZERO items related to landscaping in our contract, is responsible for the actions of a third-party company selected by your board of directors to actually perform landscaping services? That makes no sense.

      The comments regarding the pine straw are also incorrect. Pine straw has been installed a minimum of once a year since we have been involved with the community. The proof of that is posted on the portal for owners to see in the financials,so please take a look. It is somewhat ironic that you are complaining SPM is actually doing one of the main things we are contracted to do, which are the community inspections.

      I am not going to continue arguing back and forth over things that are beyond our control and the scope of our contract, so this will be my last response. SPM has done the job we are contractually obligated to do, plus many, many other services that went way above and beyond our contract for no extra charge. End of story.

      Customer response

      11/22/2022

       
      Complaint: 18438907

      I am rejecting this response because:
      1. Attach a copy of the ballot that we were required to submit by mail with no action being an option. 

      2. You are in an uproar over simply being asked to be available and accountable- neither of which you have been. Your business is to provide a service and that includes addressing questions and concerns. PROVIDE IT. 

      3. SPM notifications specifically include the spm email address as the preferred address for communications (not yours). If you have a problem with your coworkers not giving you that information maybe you should take it up with them.

      4. You have our money for a project that is not happening! How is it unreasonable to ask for that back?! 

      5. I have attached a picture of my email correspondence to your company (that you still say that you never received) from July.

      6. I have attached a picture from the by-laws of the association stating that landscaping and the upkeep of the common area is indeed your responsibility.

      7. You have lied repeatedly in these communications (you have never heard from me, stating that our annual dues are mailed to a bank instead of SPM) and I hope that anyone reading this knows that that is what they can expect from your company. 

      8. You billing us for pine straw is not us actually getting pine straw. We will be glad to take a $500 credit there.

      9. Your job is to assist homeowners. If you cant do that then FIND ANOTHER JOB. 


      *****************************

    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      I initially reached out to my neighborhood's HOA on 5.21.22 regarding obtaining a pool key. No response. I then followed up a month later on 6.18.22. I did receive a response and was directed to contact *****************. I reached out to ***************** regarding a pool key and provided them with the necessary information on 7.25.22. It is now 8.17.22 and I still have not received a response regarding this. Summer is now over which means my children were not able to utilize the pool area at all. Which means I am paying rent that includes amenities that are either broken or we do not have access too. What's the point of having an association if you are not available to assist with community needs/requests. I see the head of HOA everyday out walking. It takes less than 2 minutes to follow up on an email from almost 2 months ago. UNACCEPTABLE!!!

      Business response

      08/18/2022

      Southern Property Managements contract for management services with *************************** was terminated in May 2022 and we no longer provide association management services to the community. Furthermore,neither of the two emails provided attached to the complaint were sent to our company. Lastly, we have nothing to do with the rental management for the tenants home and cannot assist with obtaining a rent reduction.

      This complaint is truly misdirected as there is absolutely nothing Southern Property Management can legally do to assist in getting a rental reduction and/or a pool key.

      I would recommend reaching out to the new management company, whose contact information is included below, for assistance. Hopefully this helps. Good luck!

      Beacon Management Services
      Website: https://www.beaconmanagementservices.com/
      Email: ********************************************************
      Phone: **************

    • Complaint Type:
      Service or Repair Issues
      Status:
      Resolved
      This group manages the home owners association in my subdivision. They are not maintaining an area of the subdivision to the community standard per the bylaws that is their responsibility because it does not belong to any of the lots. I have contacted the group at the email address provided for resolution to the matter. I was asked to confirm the address and name of the property owner (myself) or else they would no longer reply to my emails. I provided that information correctly but they still refuse to assist me because my email signature lists my middle and last name instead of my first and last name. Even after providing the information they requested accurately, information only the homeowner (myself) would know and clarifying the name on the signature they are refusing to help me and therefore refusing me my rights as a homeowner who has paid their annual association fees.

      Business response

      06/29/2022

      Per our management agreement,Southern Property Management (SPM) provides association management services to Rosewood HOA. All management actions taken are done in accordance with the governing documents, our management contract, and the wishes/directions of the ***** of ********** The belief that SPM is failing to abide by our management obligations outlined in our contract is factually untrue.

      The Rosewood HOA Declaration of Covenants, and in fact most Covenants, include minimum standards for the lot maintenance (which is the property owned by individual homeowners) and NOT the common property, owned by the Association. That being said, the particular area the complainant is referencing is NOT common area. Rather the area referenced is located on individual lots, neither of which belong to **********************.

      Southern Property Management performs monthly inspections of homes and lots in Rosewood HOA to ensure compliance with the governing documents and community wide standards. In the event of a violation, Southern Property Management will send written notice to the homeowner on behalf of the Association.

      The main purpose of violation letters is to open a line of communication between the Association and an owner. If owners have any questions regarding the letter, if they are already working on correcting the issue, if they need to request an extension, or if they believe the letter was sent in error, then we urge them to contact our office so we can discuss the matter and make any pertinent notes in their homeowner file.

      This is and has always been standard procedure. If the resident does not avail themselves of these options and does not correct the violations, then certainly fines will be applied. Violations are re-checked at each subsequent monthly inspection. If the violations go uncorrected,then fines will continue to be assessed until the violation has been corrected.

      Neither Southern Property Management nor the Association is responsible for physically maintaining individual lots. Additionally, every lot owner is entitled to their account being handled in a confidential manner. Thus, we are not at liberty to disclose enforcement actions taken against fellow homeowners with a non-***** member.

      Customer response

      07/06/2022

      I just want to confirm that SPM is stating they do not maintain the edge of the road on Thornbush from the stream up the hill where it meets Green leaf lane? That this is not common area but rather this land belongs to ****** and Lot 31? The landscapers that come out and cut this area ( only along side the road not the full lots) are not hired by the association? 

      I would like to know where I can request a copy of the covenants as I cannot find my copy. Also where I can request a copy of the contract Rosewood subdivision has with SPM where it details what their property management obligations are and hopefully it would also state plainly where the common areas are they are to maintain so there isnt any confusion or grey area in the future for either of us. 

      Business response

      07/14/2022

      That is correct. SPM actually does not maintain ANY property in the community. That is not a service that we provide. If you would like a better idea of our services, please visit our website at https://www.southernpropertymgt.com/community-management/.

      In terms of the landscaper hired by the community, he only maintains a small parcel of common area at the front of the community. We rely on the board to identify the common areas, and to our knowledge that is the only common property owned by the **** It is certainly the only tax **** that you are receiving and paying each year.

      Homeowners may purchase the governing documents through our third-party service provider, **********. To do so, please go to https://www.southernpropertymgt.com/escrow-services/.The covenants also a matter of public record and are available to homeowners at the county *********.

      SPMs contract is considered proprietary information and is only available to board members. That being said, since we do not maintain ANY property within the community, it would not have the information being requested anyways.  

      Customer response

      07/20/2022

      Can SPM tell me how to contact the board for Rosewood HOA. 

      Business response

      07/22/2022

      Absolutely! As the registered agent of the Association, the Board has designated that all correspondence should be submitted through Southern Property Management.

      If you have a question, comment or concern that you would like to submit, please email it to the ************** of Directors c/o Southern Property Management at ******************************************************** It is helpful, though not required, to include that you are specifically asking for the information to be forwarded to the Board (otherwise if you ask general questions that our staff can answer, they may simply respond thinking they are being helpful rather than forwarding it along).

      All contacts received on behalf of the Board during regular office hours will be forwarded to their personal emails for review within 24 hours, though typically it is same business day.

      Customer response

      07/26/2022

       
      Better Business Bureau:

      I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.

      The correspondence with this business through BBB has been a night and day difference. Had the business responded this professionally and respectfully when I tried to contact them on my own I would not have had to use BBB as a mediator. I am so grateful the BBB is here to help in situations like this. I really appreciate what you guys do. 

      Sincerely,

      *******************************

    • Complaint Type:
      Billing Issues
      Status:
      Answered
      January 2021 I sold my house managed by this company. The closing attorney paid *************** and administrative payment to Southern Property Management ($200.00 2021 ***************). They billed me for the sold property in which I paid $200.00 June 2021 check #****. Their bank ACH, not copy of my check is available, but I have sent them a copy from my bank on their letterhead that this check cleared paid to the **** They do not want to check into my request of a refund because they were not given a copy of the canceled check which is not available. They were very clear that they would not even research the problem because I could not provide them with something that is impossible to get. They would not accept my letter from the bank either. I gave them a copy of the attorney's check sent to them. They accepted the sale of the house but did not use the administrative fees to change owners in computer and mailed the *** **** to me three months after sale of the house. Really this is not that complicated but they refuse to listen or talk to me only email. They will not even investigate the accounting records for a credit on the account.I have copies of all email correspondence with the management company.Please advise.Gay *********

      Business response

      12/22/2021

      Southern Property Management (SPM) provides association management services to Mulberry ******************************* As is outlined the management agreement, all management actions taken are done in accordance with the individual communitys governing documents, and in accordance with the wishes of the ***** of ********** One of Southern Property Managements essential duties for this community is, like the homeowner mentioned, the mailing out of yearly dues assessments.

      While there is a lot that I agree with the homeowner on regarding his claim, which I will get to later in my response, I would like to start out by correcting the record on where we disagree. The homeowners property sold on January 25, 2021. Please see the uploaded settlement document provided to our office by the closing attorney as proof of the closing date.

      SPM uses a third-party service to mail out all annual dues statements and coupons (Optimal Outsource). Because of this I am able to track the time frame that the original dues statements were mailed out, which only happens one time per year for Mulberry Village HOA.

      I have uploaded an invoice sent to our office from Optimal Outsource for the 2021 Mulberry Village assessment billing which shows an invoice date of January 22, 2021 (pricing information is redacted as I am not at liberty to disclose the information due to our contract with the company). Optimal Outsource only sends invoices to any of its clients AFTER the statements have been mailed out. Prior to that our office generates a file from our software data and uses it to place the initial order, after which they generate a proof that must be approved by office, then once approved they take anywhere from 2-5 days to mail out the order. Based on the Optimal Outsource invoice date, the initial order was likely placed in the time frame of January *****th, well before the homeowner sold their home. Even if the closing attorney had placed the order for a closing letter before then, we would still be required by the governing documents to send an invoice for the annual dues to the homeowner of record. Even if we were not required, it would still be done because closings fall through all the time and we have no way to predict whether or not the home will close as intended; and if it does not then the homeowner would need the information to pay their annual dues in a timely manner.  

      I do not necessarily understand why the homeowner paid a **** that they say arrived four months later, on a home they no longer own. If the homeowner would have contacted our office, we could have explained that nothing further was owed on the account. Nevertheless, I do understand that mix-*** happen and assume that is what occurred in this case.

      As to how an invoice mailed out around/right before January 22, 2021 does not arrive for four months, I honestly have no answer. If the mail piece truly arrived approximately four months after the mailing date, then the homeowner will need to follow up with **** to figure out why. While exceedingly rare, at least based on what we see with the large volume of mail we send out, **** does sometimes misplace mail that shows up and is delivered at a much later date. Offhand I can think of one other instance where a piece of mail showed up almost a year later to our office, much to everyone's confusion. Needless to say, all of this is speculative in nature and I cannot give a definite answer aside from the fact that SPM did not mail out an invoice in June 2021 to the previous owner of record for the address. Our software does not even have a feature to mail out statements to inactive accounts, and dues statements are only mailed out once a year for the association.

      However, contrary to what the homeowner states, SPM did change the ownership records upon receipt of the closing documentation from the attorney on 2/5/2021 for this property. That task was completed the following week after closing, and within 5 business days of our receipt of the closing information. To demonstrate this fact, please see the attached screenshot from our management software that shows the address was updated on 2/5/2021 (the new owner's information has been redacted in case this information is published on the BBB site).

      Aside from the information above, and after reviewing the account and data requested and speaking with the ****************** I do agree with the homeowner on the other points in their complaint. In reviewing this claim information and the communication on file, there seemed to be a misunderstanding on the part of SPMs employee with whom the homeowner was corresponding. I sincerely apologize that we were unable to truly hear and understand the information they conveyed to us before it got to this point. This has raised an area where further training is clearly needed, and which we will address internally to prevent the same mistake in the future.

      On the Association invoices, owners are instructed to mail their dues payments to the ***************** lockbox. Some owners follow instructions, some still mail payments directly to our office which are then manually deposited, and some choose to pay online. All payments that are processed through the lockbox are subject to electronic draft, which is how the homeowner mailed a payment but there is no cleared check. I have discussed this with our employee to provide further training on the fact that payments made directly to the lockbox may not have a cleared check as proof of payment, and in the future a letter from the bank as provided by this homeowner should be an acceptable jumping off point to contact the ***************** and verify the payment.

      Payments are typically matched by homeowner last name, account, and other data to ensure that when the lockbox file is downloaded that they are correctly attributed. Any exceptions that do not match are flagged on an exception list emailed daily to our office, which the ** employee must handle manually. This payment did not trigger an exception with the bank (Im assuming because the payment coupon was used) thus it was processed as a regular lockbox download. Because the homeowners account was already inactive when the funds were paid though, the payment was not attributed to the old account (and the new homeowner has a totally different account number so it was not shown there either), so our employee was not seeing an overpayment on the homeowners account, which furthered the confusion.

      In conclusion, after confirming the payment was made with the ***************** using the information provided to us by the homeowner, I do agree that they are entitled to a refund of the $200 dues payment made in error to Mulberry ******************************* On behalf of SPM, I would like to extend my sincere apologies to the homeowner for the hassle that they have been through in order to obtain the refund that is rightly owed. We strive to do better, though sometimes we fall short, but will use this experience to improve our processes going forward so that hopefully this does not occur to anyone else.

      I kindly request that the homeowner confirm to me directly at ************************************************************ that the prior mailing address in ******** (which was not the property address), is the correct address to use for mailing the refund check. If the homeowner wishes to utilize the complaint process to submit the response, that is absolutely fine but I would encourage them to also email it directly to me as well in order to speed up processing of the refund as I believe the BBB reviews all responses prior to sending them on to us and I am not sure of the BBB holiday closings. Please note our office will be closed Thursday 12/23/2021 Friday 12/24/2021.

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