ComplaintsforSMG

• Initial Complaint

  11/30/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This *** company has incorrectly fined my tenant. There was an issue with the landscape that was remedied with photo evidence before multiple other notices were sent out and a hearing was requested. During the hearing I was the only person to show up in order to explain my case and that my tenant remedied the issue. During the hearing, it was stated that if my tenant were to keep the landscape clear then the fine would be rescinded. This was not the case and *************************, the *** of HMG, recanted on her word to rescind the fee after my tenant has maintained and continues to maintain the landscape. On top of this, one of the board members of the *** is a direct neighbor of the property which points to unfair scrutiny. She has asked through text message evidence that we choose her landscaper and she has made what feels like threatening remarks, that we should have chosen her landscaper and that was the reason we got fined. This *** company needs to be heavily investigated as this is most likely not the only case of malpractice they have exhibited.

  

  Business response

  11/30/2023

  SMG did not fine incorrectly, nor does SMG have the legal authority to fine.  The ********* of ********* (a group of 3 owners) approved and issue fines.  SMG merely does the administrative work and accounting behind the Boards Decisions.  This Property Manager has been going back and forth with me for weeks due to their tenants inability to keep their yard in compliance with the governing documents.  It was the BOARDS decision to fine them for their lack of maintenance, which she obviously disagrees with.

   

  I have attached a legal letter that was provided to this property manager, which was done by the ***'s attorney, as a response to the property manages "cease and desist" letter that was mailed to SMG (Agent for the **** *********************** ***'s legal team has determined that nothing done was incorrect or in violation of NV Law, therefore all fines issued are valid and owed to the *** if the the ***'s board determines that they do not want to reverse the fines.

   

  This complaint is frivolous, has no merit and should not be a part of my record with the BBB.

   

  Respectfully,

   

  *************************, Owner

  SMG

  Customer response

  12/05/2023

   
  Complaint: 20936438
  
  I am rejecting this response because we have requested a full investigation of the matter and are not provided with that information.
  
  Sincerely,
  
  *********************************

  

  Business response

  12/05/2023

  According to the associations attorney, nothing was done incorrectly or in such a way that violates NV Law, specifically NRS116.  The governing documents require that each owner maintain their lot.  They did no do that, the board of directors fined the owner for non-compliance.  Upon receipt of the property managers request to reverse fines, the board reviewed all 18 violations of the governing documents in their file, in addition to the lack of communication with management and/or the board prior to being fined and THEY decided to deny the property managers request for waiver of fine.  Their decision has noting to do with SMG or *************************, owner of SMG.  All decisions are 100% made by the board of directors as it relates to who gets fined and who is approved for a fine waiver, NOT SMG.

   

  Once again, the attorney DID do a full investigation of all letters sent, all fines issued, all email correspondence between owner, manager (complainant) and board of directors, as well as the minutes of the meetings where the board fined the account and the when the board denied their request for fine waiver.  The associations attorney determined that per NRS116 and SOP, NOTHING was done incorrectly by SMG or the ***** and the fines/letters are in fact valid.

  To reiterate, this is NOT a management/SMG issue.  This is a property management (complainant) issue, agent of the owner whose tenant was non-compliant of the governing documents in this complaint against my company, which has no merit whatsoever.

  I'm not sure what else needs to be proven or said to make the complainant understand the course of action taken by the Association's legal counsel and the board of directors (NOT SMG), but nothing that she says or does will make the board decide to reverse the fine that was assessed to their account. They were in violation of the governing documents, that was proven with photos and the fine is valid per the Associations Attorney.  That is something that I have no control over per NRS116, therefore, I should not be responsible for the decisions made by a board of 3 individuals elected by a membership of 139 owners (ie the ***** of *********** nor should I get a **** against my business profile for something that I literally did not do.

  Once again, I reject this property managers allegations that SMG did something wrong, and this frivolous complaint needs to be removed from my profile and rejected by BBB.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩