ComplaintsforQuam Properties Hawaii, Inc.

• Initial Complaint

  12/04/2023

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  RE: QUAM PROPERTIES HAWAII, *** (QPH)(1) Health/Safety a. July 14, 2023, via email to QPH it was stated: I was stung by waspsmultiple nests under my balcony (8 -plus hives) and on the upper outer edge balconyb. My front porch light (over 1 year) does not turn on c. May 17, 2022, in this gated community I had my car stolen from my garage and people in cars tail-gate or wait at the gate to enter. (2) Hawaii Revised statutes (HRS) HRS 514B-154.5 and HRS 514a-83.4 (2017) Association documents:QPH fails to provide timely monthly mailed documents pursuant to HRS and an agreement letter dated November 13, 2020 stating:this is to acknowledge your request has been received and we will continue to send you documentation as you have received from prior managing agents. HRS 514A-83.4 (2017) states in part: (c) Minutes of all meetings shall be available within seven calendar days.The September 29, 2023: QPH emailed documents contain June 22, 2023, BOARD OF DIRECTORS MEETING and June 29, 2023, BOARD OF DIRECTORS SPECIAL MEETING (3) ***************** not rendered, no refund to account:In 2021 and 2023, I did not have these "mandated services."February 7, 2023, QPH Termite Inspection letter states : we do not have a make up day if the inspection doesnt take place as scheduled, you will be required to secure your own inspection-at your cost.(4) Notification for all board meetings such as on 12/06/2023, pursuant to HRS

  

  Business response

  12/14/2023

  We at Quam Properties Hawaii, Inc. have received the BBB complaint notification from the complainant who is an owner of the Villas at Kehalani.  As the managing agent for the Villas at Kehalani AOAO, we do not have the ultimate authority as a decision maker,rather we take direction from the board of directors as a whole in regard to the affairs of the association.
  
  We are disappointed to have to respond to complaints from this owner to whom we have been providing significant information at no cost for time and materials even though this right is available to us under HRS 514B-154.  
  
  Customer Statement of Problem
  Health and Safety
  There is no record of a contact from the complainant regarding the wasp infestation, but there had been from other owners.  The site manager purchased a pole sprayer in July of this year for eradication of wasps.  The site manager regularly removes wasp nests when found on property, and on Friday, December 8, 2023, removed several wasp nests from the outside of the complainants unit.
  
  There is also no record of the door light outage reported to **** or to the Site Manager from the complainant directly.  The site manager regularly replaces lights for any outages, in particular garage door lights which are closest to the street.  The entry doors and door lights are, according to the site manager, not a common element that gets replaced by the association but rather the individual owner.
  
  The theft of a motor vehicle is an unfortunate incident, but it is not the fault of Quam Properties Hawaii, Inc. as the management company. 
  There is a hotline available for owners to contact the site manager, but hotline calls for the light outage nor the wasp nest had not been received from the complainant by the site manager.
  
  HRS 514 and Association Documents              
  HRS 514A-83.4 has been repealed. HRS 514B-154 states that minutes, once approved by the board of directors shall be either available for examination in person at a location determined by the board or be transmitted to an owner making the request. This section specifically states: provided further that the owner shall pay a reasonable fee for administrative costs associated with handling the request. We are asking that the complainant either accept digital copies of the documents she requests, or pay the administrative costs for paper, postage, etc for the documents she requests.
  
  As the result of a previous complaint to the **** about the non-receipt of requested AOAO documentation against Quam Properties Hawaii,Inc. by the complainant, a RICO ********** was executed on 6/1/2022 with Quam Properties Hawaii in which a fine $1,500 was assessed.  There were no stipulations to provide anything more than the law requires, so we are not sure to what agreement dated November 11, 2020, the complainant is referring to.
  
  Monthly association records were sent for the months of September,October, and November via emails on 9/29/2023, 10/30/2023, and 11/30/2023,respectively. In our September email we apologized for the previous month as we did not send a file in the month of August due to the ******* wildfires.  
  
  We also informed the complainant that we would charge $0.20 cents per page for mailed documents in light of the large request for documents received in July of 2023.  On July 29, 2023,the following was items were sent via US Postal Mail:
  **** Properties Management agreement (9 pages)
  Legal counsel agreement (8 pages)
  Landscape Contract (17 pages)
  Construction Contract (8 pages)
  Backflow preventer estimates (4 pages)
  Audited Financials 2020 2023 (22 pages)
  January (22 pages), May (32 pages) and June (37 pages) monthly financials consisting of Reserve Statement, Balance Sheet, Income Statement, AP Distribution GL, *************************** Statements and Reconciliations, Accounts Receivable Aging, General Ledger Detail.
  Water Shut Off Notice 5/25/23 (2 pages)
  Community newsletter May 2023 (4 pages)
  Notice of BOD Meeting 5/15/23 (6 pages)
  Board Meeting Minutes 4/27/23 (3 pages)
  Board Meeting Minutes 6/22/23 (3 pages)
  Pest Control Notice 1/19/23 (3 pages)
  ACH Fee Notice July 5, 2023 (2 pages)
  Water Shut Off Notice 7/25/23 (2 pages)
  Vent Cleaning Notice 8/14- 8/25 (2 pages)
  ******* **** Budget Letter
  
  The complainant was notified on 9/29/23 that administrative costs would apply to hard copy documents going forward. On 10/4/23 an email from the complainant was received by our office containing a refusal to pay the administrative costs for printed documents. After this refusal requested documents have been emailed due to the above reason and asking to be notified if this is not satisfactory. This complaint did not respond to any of those emails.
  
  *****************
  The complainant is not owed a refund if a termite inspection was not done on their unit.  The owner would be responsible for getting the services on their own should an appointment provided by the association be missed.  The owner would then provide a certificate that the inspection was completed or otherwise subject to a fine.
  
  Desired Settlement:
  USPS monthly Association records pursuant to Nov. 2020 Agreement. We are declining to submit postal records as they are not a requirement per HRS 514B and it would require significant administrative time to compile. We feel we have complied within the terms of 514B to provide the complainant with the requested documents for September, October, and November as mentioned above.
  
  We will mail the complainant the December 2023 financial statement packet at no cost to her one last time. An invoice for the January **** financial statement packet will be included.  Should we not receive payment, then we are not obligated to provide further documents pursuant to HRS 514B. However, well continue to email documents to the complainant without cost.
  
  The door lights are not a common element that gets replaced by the association but rather the individual owner.  A review of the common and limited common elements is underway, but currently this light is not being replaced by the Association.  **** has no determination as to common elements or what the Associations decides to replace on behalf of its owners.
  
  Answer following Questions:
  a) **** received an invoice from Maui Beekeeper in June of 2023 for the removal of bee hives near buildings 9 and 23.  Not sure how many hives were removed, but by law all the bees were removed alive with no harm coming to the bees.
  b) **** pays all invoices including those for irrigation repairs and for the site manager for 6/1/2023 within required terms provided by vendor with a few exceptions.  If an item is not posted in a particular month does not indicate late payment to vendor.
                  c) Yes, a contractor would be responsible for damage caused by their work on site.
  d) Owners are free to submit suggestions to the management company to forward to the board.  Whether the board decides to respond in writing or have management company forward response is entirely up to the board.
  
  Gate access should be one vehicle at a time, but its difficult to enforce as vehicles can piggyback off other gate openers.  Rocks were placed next to the gate entrance over the past year to prevent gate being circumvented all together.  ********* is aware of how the gate operates and a change in the operation of the gate would come from them not Quam Properties Hawaii, Inc.
  
  Unsure of question as vague references to remedies under HRS 514B.
  We have exhausted ourselves in replying to this response and further have noticed the board of directors who received their own request in writing from the complainant which is being reviewed by the Associations legal counsel. We hope you find our answers to this inquiry satisfactory and are happy to answer any questions from the Better Business Bureau.

  Customer response

  12/18/2023

   
  Complaint: 20958429

   Dear  QUAM PROPERTIES HAWAII, *** (QPH),
  

  Thank you for the communication to clarify Association responsibility, costs, and refunds for services. I requested hard copies as agreed to by QPH on November 13, 2020. Please see the attachments for the following:

  Association records:
  November 9, 2020, ******** request to QPH for ongoing monthly documents pursuant to Chapter 514B.
  November 13, 2020, QPH: this is to acknowledge your request has been received and we will continue to send you documentation as you have received from prior managing agents.
  September 3, 2021, QPH: We have multiple mechanisms in place now that will ensure you receive a packet monthly containing all documents as they pertain to the original request. Even with departure of any staff member, this should not fall through the cracks again.

  Email digital records:
  I accept ongoing monthly emailed digital copies pursuant to QPH 9/29/2023 email, with all documents listed on the November 9, 2020, ******** letter (HRS 514B-154.5) or kindly advise. 
  Please provide via US postal mail all association documents for July, and August 2023 pursuant to the 11/13/2020 agreement?

  FYI: 2023 QPH association records:
  July 2, 2023, ******** email to QPH:
  I received in January and February 2023 duplicate documented dated 12/01/2022 to 12/31/2022. The last monthly documents I received list a balance sheet as of 4/01/2023 to 4/30/2023.
  July 6, 2023, email from QPH:
  Well do our best to get the items we are allowed to send you in the next mailing scheduled the end of the month
  July 28, 2023, QPH last US mailed documents contained:
  1/01/2023 to 1/31/2023,
  5/01/2023 to 5/3/2023,
  6/01/2023 to 6/30/2023
  

  Safety and Health
  QPH states: there is no record of the door light outage or wasp infestation. This was reported in July and September 2023:
  July 14, 2023, ******** email to QPH regarding wasp nests and porch light.
  July 14, 2023, QPH email response: I have copied **** on this email, so he may address your balcony upon his next scheduled wasp spraying  Im not sure if your porch is a common element of the property
  September 28, 2023, ******** email to QPH: second request for common element repair.  (front door porch light and wasp nests).
  Thank you for removing several wasp nests on December 8, 2023, from the exterior of the unit. I am reporting that as of December 15,2023, the exterior lower balcony still has wasp nests.  The exterior unit upper and lower balconies may need future wasp nest removals. Considering that I had a medical appointment for wasp stings and have an epinephrine pen, I would be grateful if the Site Manager would include this in inspections.

  
  Gate access
  One vehicle at a time recommendation. See, ******** email July 14, 2023.

  
  Common Elements (Unit exterior porch light/ upper and lower balcony wasp infestation)
  According to Limited Common Elements ********* (in part): The responsibility to maintain, clean, upkeep, repair, replace, alter,improve and/or add to (collectively, Maintain) such Limited Common Elements shall be the responsibility of the Association then the Cost thereof shall be charged to each Unit Owner in proportion to the *********************************** (Termites)

  
  According to TERMITE INSPECTIONS:  The cost of such inspection shall be charged to the Unit Owner as a Common Expense.
  September 2, 2021, QPH email: CONTACT OUR OFFICE IF YOU WANT TO PARTICIPATE.
   February 7, 2023, QPH Termite Inspection letter: we do not have a make up day if the inspection doesnt take place as scheduled, you will be required to secure your own inspection-at your cost.
  June 9, 2023, QPH: I do not know why your unit was not included in the inspection report.

  Association Property damage
  Thank you for the answer.

  Sincerely,
  
  ***********************************

  Customer response

  12/19/2023

  1. Please attach/upload my response with attachments for complaint #********. 
  2. Please verify this has been added to the BBB portal and I appreciate your service.
  
  Thank you,
  
  ********************
  

  
  

  Customer response

  12/19/2023

  1. Please send the attachments only to **** Property Hawaii 
  2. I was able to upload my response to the BBB portal.
  3. I didnt mean to reject the response.
  Thank you.
  

  
  

  Customer response

  01/04/2024

  I sent an email 12/17/2023 to Whitneyw@the bbb.org. Please send **** my attachments only in the email. I was able via the BBB portal to send a response to ****. It should be for acceptance not rejection. Thank you

• Initial Complaint

  03/20/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  1. Pursuant to HI Chapter 514B, **** *************************** has failed to provide ongoing MONTHLY documentation for the Villas at Kehalani, since ******. Since 2021, **** *************************** has failed to provide "common element repair" porch same title replacement or response to three requests for such.3.Pursuant to a letter dated September 3, 2021, To ******************* Subject: Termite Inspection "Contact our office of you want to participate" I did not contact such office. Pursuant to a letter dated January 12, 2022, I received Mandatory "termite inspection" on January 21, 2022. Prior to entry of my residence, I stated to "Mid Pacific" ********************* and "******************** properties", I wanted a copy of the mandatory "termite inspection report." Since January 21, 2022, **** Propery has failed to provide a requested copy of the mandatory termite inspection report.

  

  Business response

  03/30/2022

  In regard to Statement of the Problem as outlined by customer:

  
  1. While we strive to respond promptly to all requests for assistance, customer is correct that ********************** has had difficulty meeting the ongoing document requests for monthly information that the customer will only accept via hard copy, and not via electronic means (email address or website access/download. Unfortunately, when a repeated request is made outside of standard business practices, priorities that have hard deadlines and do not require additional staff resources must occasionally be a lower priority. Our office is working to be in compliance with the requirements of the statute, in relation to staffing availability. Packet of materials was sent to owner March 30, 2022 via US Mail, certified/return receipt requested.

  
  2. Our firm has been advised that due to ongoing litigation, repairs that *** be relevant to the ongoing suit against the developer are being delayed. Our office will inquire with Association counsel if the repair can be made with appropriate documentation in place and advise the customer.

  
  3. Customer is correct that original communication regarding termite inspections was voluntary for inspections completed before the end of 2021. All owners that opted out (as customer did), were then notified that inspections in January and February were mandatory. The copy of the termite report generated by the pest control company has been provided to the owner as of the date of this response. 

   

  In regard to Desired Settlement as outlined by customer:

  
  1. As noted above, requested financial documents have been mailed via **** certified mail.
  

  2. As noted above: Our firm has been advised that due to ongoing litigation, repairs that *** be relevant to the ongoing suit against the developer are being delayed.  Our office will inquire with Association counsel if the repair can be made with appropriate documentation in place and advise the customer.
  

  3. Requested termite inspection document has been mailed via certified mail on March 30, 2022

  
  4a. Requested list of Board members has been mailed via certified mail including the Board members name and unit number. However, phone numbers are confidential information that cannot be shared with owners without explicit authorization from other owners (even directors).

  4b.The requested information is contained within the monthly financials provided by our office and prior management companies. While state statute and the governing documents of the Association are specific in what documents our office is required to provide upon request, our office is not required by statute or the governing documents to conduct owner requested research and analytics and we therefore respectfully decline to comply.  Owner will have to compile their own reports based on financial information received in accordance with statute and the governing documents.

  Customer response

  04/06/2022

  
  RE: BBB Complaint #********
  **** Properties
  C/O Villas at Kehalani St, Suite 202
  *******, ** 96761
  
  Dear BBB,
  
  A. I reject the business response for the following reasons:
  
  1. **** Properties has failed to comply with state statute commitment for ongoing monthly documentation for October 2021 to February 2022, and December 2020 through July 2021. 
  2. As of April 6, 2022, I have not received the balance sheet documentation for March 2022.
  3. **** Properties does not maintain building/maintenance common element repair as requests were made after any litigation against the developer, without any response.
  
  
  B. Further documentation requested in accordance with state statute:
  
  1. From 12/1/2018 to 4/1/20222, provide the common ground element repairs, costs including the name of companies paid.
  2. A copy of the contract and ALL compensation paid to ********************************************************* for the ongoing litigation. A copy of the initial litigation complaint.
  
  Truly,
  ********************
  

  
  

  

  Business response

  04/08/2022

  In response to the Additional Information provided by the customer after the initial complaint was closed:

  A1. **** Properties has sent to the customer all information requested from the time Management commenced until the date of this response.  It should be noted that the customer does not have a right to demand ongoing monthly documentation per HRS 514B, as that is not the intent of the statute.  The customer is actually required to make her request monthly for the specific documents being requested. HRS 514B then has specific deadlines imposed. **** Properties has accommodated the "ongoing" request even though we are not required to under the statute. And as stated, the information has now been provided via certified mail with confirmation of delivery received.

  A2. Monthly financial statements are generated in a timely manner after the closing of the month, but never before the 21st of the following month.  The Balance Sheet documentation for March has not even been created for distribution and will not be completed until after the 21st of each month.

  A3. While the statement is confusing, we believe this issue was addressed in our original reply in that certain repairs that are cosmetic only in nature and do not present a safety hazard are being delayed until the litigation with the Developer is resolved.

  B1. As stated in our original reply to the complaint that was closed: The requested information is contained within the monthly financials provided by our office and prior management companies. While state statute and the governing documents of the Association are specific in what documents our office is required to provide upon request, our office is not required by statute or the governing documents to conduct owner requested research and analytics and we therefore respectfully decline to comply.  Owner will have to compile their own reports based on financial information received in accordance with statute and the governing documents.

  B2. This was not requested previously, and we feel it is disingenuous to add this demand after the previous complaint was closed. However, to facilitate resolution of this matter, it is noted for the record that all owners have been repeatedly advised that the Association has not (and will not) incur any legal fees in relation to the litigation.  No invoices have been received or paid. The law firms involved in the lawsuit are representing the Association on a contingency basis and will be paid out of any settlement received. The Complaint is a matter of public record and has been provided to all owners at the original time of filing. This demand for a copy was never made previously so again, it is inappropriate to add this request on to a complaint to failure to perform. The attorneys for the Association have created a website specific to the Association for all documents related to the litigation.  The confidential login and password have been provided to all owners to access the information. HRS514B does not compel **** to provide this documentation as provided by other sources. We are happy to provide the website access information to the customer again.

  We hope this matter can be reviewed and again closed as we have complied with the statute as it relates to our original response to the issues identified by the customer.

  
  

  Customer response

  04/11/2022

   
  Complaint: 16918221
  
  I am rejecting this response because:

  1. **** Property is not in compliance for documentation per Hawaii statute or otherwise.
  
  
  2. As of April 11, 2022, I have not received the March 2022 balance sheet. 
  
  
  3. **** Property should have the responsibility and obligation to maintain and/or repair common elements (requested after litigation). 
   
  
  
  Provide additonal documentation:
  
  
  1. Pursuant to statutes of the State of Hawaii, I continue to request timely monthly documentation as in 2020. 
  
  
  2.  Provide access information as set forth in the Governoring documents of the ASSOCIATION and State statutes of Hawaii, that permit:
  "certain repairs that are cosmetic only in nature and do not present a safety hazard are being delayed until the litigation with the developer is resolved."
  
  
  3. A complete signed copy of the contact for all law firms representing the ASSOCIATION on a contingency basis or otherwise.

   

  Sincerely,
  
  ********************

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