Complaints

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• Initial Complaint

  Date:05/11/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  There was a leaky pipe that was under the HOA's responsibility to get fixed, this started in October of 2022. We are now in May of 2023, and it is still unresolved. My tenants have been without a kitchen for months. *******************************, the community Manager, has made false statements indicating when work was to be complete but was not. The only time ***** reaches out to me, or the other owner is when we ask for an update. ***** is not proactive nor experienced to handle this project. His lack of involvement to see this through has caused a lot of stress for both the owners and the tenants involved. ***** failed to get the necessary information to satisfy the tenants insurance company so that they could be relocated, so they remain in the unit, without a kitchen or the comforts of normal living. The wall between the two units was removed and replaced with plastic sheeting, and it's been this way since December. ***** stated he would get the next contractor lined up so that there would not be a delay in the work, however, that contractor hasn't even contacted either owner to schedule a time to revisit the units since the last time they were there in January. This was a water issue that required immediate attention, but the HOA's insurance company didn't even get anyone out there for a month according to what ***** said in an email. I want to be credited or reimbursed for the *************** I have paid for the past 7 months, because there is little to no management regarding this ongoing issue. I am out thousands of dollars because I'm not collecting rent.

  Business Response

  Date: 05/25/2023

  To Whom It May ****************** are in receipt of the complaint against Terra West Management Services (Agent) regarding our employee *******************************, as the assigned Community Manager for ******* Creek ********************************** ************** for which ********************* owns a unit within at ****************************************************************
  
  Our offices received notice of the damage, as the managing agent for the non-profit homeowners association ******* Creek ********************************** for which ************** is a member, on October 24, 2022. Jet Plumbing was dispatched and arrived on-site on October 25, 2022. Upon their assessment, they advised they could not complete the necessary repairs. Therefore, Summit Fire and Water was dispatched,arriving on property on October 26, 2022. Summit reported that there was a nail in the pipe, that caused the leak, which Summit repaired while onsite.
  
  Summit provided a proposal for additional repairs, which were to include the two impacted units, 103 and 104. However, when the bid was received on October 28, 2022, it only included unit 103. Summit rescheduled to inspect unit 104 on November 4,2022. The revised bid was received on November 7th, 2022, and routed to the ***** of ********* (*****) of the ************ who are the legal governing authority for the administration of the Association. As the Agent, we are not authorized to engage for any services or incur expenses, without approval from the ***** of *********, which requires a majority vote of five (5) elected members of the community. The ***** approved to open an insurance claim on November 14th, 2022, due to the estimate for repairs quoted, as the Association did not have sufficient funds to cover the repairs,without the proceeds from an insurance claim with the carrier.
  
  On November 16th, 2022,the adjustor was assigned with ************************** the policy that covers the components under the responsibility of the ************ per their governing documents. Coverage of a unit owners individual contents, including loss of revenue for rental income, is not a part of the required insurance coverage per their CC&Rs, which are recorded against the property. The unit owner was legally disclosed of these coverage limits, prior to purchasing the property through their resale package and then again at closing when they purchased their home. The owner was notified that the Association does not provide coverage in this respect and had to file on their individual insurance policy for the unit. It is our understanding that the unit owner did not obtain such coverage.
  
  The Association received confirmation from American Family on December 6, 2022, that the claim was opened and to proceed forward. ****** Water and Fire was notified on December 8th to initiate the work, in which the Agent received confirmation of receipt on December 9th. Testing on the units was completed on December 13th,2022. ****** Water and Fire notified the Agent on December 21, 2022, that there was additional damage found during their discovery/repairs and more work was needed, including mold remediation and water mitigation. Updated repair estimates were received on December 22, 2022, which were not signed by the ***** until the new year, due to the holidays and board members being out of town.
  
  The Agent confirmed on December 28th,2022, that all parties had the necessary paperwork. The asbestos testing was completed on January 5, 2023. On January 17, 2023, ****** Water and Fire notified the Agent that Unit 103 was not allowing any vendors into the unit to perform the work. This is the unit represented by the owner who has filed this complaint with the BBB. Furthermore, the owner of Unit 103 advised they were obtaining a second opinion from another company. This information was not provided to the Agent, and they were advised the unit repairs were already engaged under a signed legal contract.
  
  On February 15, 2023, the owner of Unit 103 confirmed they were in contact with the vendor and the start date of the work was scheduled for February 20th, 2023. The Agent become aware that the work did not actually start until February 27th,2023. The secondary vendor ******* Contracting was engaged for the restorative portion of the work, in which they advised they were 6 weeks out in scheduling.The ***** did an emergency vote to engage *** to complete the scope, as they were available sooner than *******.
  
  On March 2, 2023, and then again on March 6, 2023, *** was on property to prepare estimates on the scope of work, provided on March 8, 2023. The ***** voted to keep with *******, as the *** scope of work would not include some of the necessary repairs required.******* was not able to start their scope until ****** Water and Fire completed their portion, which as of March 13th, 2023, was still incomplete.The work was then confirmed complete as of April 6th.
  
  On April 13, 2023, ******* confirmed receipt of their 50% deposit and that they were down to 4 weeks out on scheduling of the work. During this period, the Agent was regularly reaching out for requests to expedite and would not receive a response.
  
  ******* was then onsite on May 12th for Unit 103 and then May 18th for unit 104. ******* is in direct contact with the unit owner on the completion of the project scope.
  
  In summary, an executive leadership review of the communication with all vendors, including the insurance agent(s) and impacted unit owners was completed. ********************* performed the responsibilities within his legal authority per ****** Revised Statutes 116A.630 and 116A.640, as authorized by his license to practice as a Community Manager in the *************** and as aligned with our contract of services for the Association and the *****. The record reflects that ***** responded to all communication with the most recent status of the matter at that time.
  As the Agent, which includes ***** as an employee, we were aligned with the contractual obligations of our agreement with the Association and kept the unit owner informed. We facilitated through all parties, to ensure the project was moving forward and the decisions of the ***** were carried out.
  
  The unit owner was impacted by the scheduling of vendors, which is outside of the control of the Agent. Our contract of services is aligned with the statutory regulations which require the *****, ************ and Agent to defer to professionals, which is what occurred.
  
  The owner has requested reimbursement for their assessments. This is not within the power of the Agent.The law provides that all assessments must be equally assessed against all unit owners, as the scope of operational expenses for the Association is vast. The owner must submit a request to the Association ***** with a request for write-off of their assessments, which they will then have to consult with their attorney to see if this is lawful to do so.
  
  The above reflects that as the Agent, we have tracked and pushed this claim through the process of resolution and therefore request that this complaint be closed, as the owners concerns are not tied to the direct performance of the employees of the Agent. Their concerns are tied to the timely scheduling of the service providers facilitating the repair work on the claim, including a request to the Association ***** for a waiver of assessment payments, which we legally are not empowered to decide upon.
  
  Sincerely,
  Terra West Management Services 

  Customer Answer

  Date: 05/30/2023

   
  Complaint: 20048546
  
  I am rejecting this response because:

  
  In February I made multiple requests to obtain paperwork from the parties involved, which included Summit and NWF so that my tenants could file a claim through their renters' insurance.  When ***** failed to produce this paperwork, I went directly to Summit and NWF. ****** refused to provide me with anything because they had not been paid by the ***'s insurance company, claiming it was 90 days past due.   I called *******, who was the claims adjuster for ************************** and she stated she had not heard of Summit and did not receive a bill from the ***.  On 2/13/23 ***** said a check was sent off to Summit, however on 3/3/23, Summit said they never received it.  I had also asked for a timeline from both the *** and NWF, (****** Water and Fire), this was also a request from the tenant's insurance company, they needed this estimate so that they could get them in temporary housing because NWF determined this unit was uninhabitable because they did not have a kitchen.  No estimated timeline was provided so the tenants stayed in the unit because they could not provide the insurance company with the information they required.  I stopped charging them rent and contacted my insurance company to get reimbursed for loss of income.  It is mentioned that I didn't have coverage., not sure where that came from, I am covered on this property.  The lack of communication from ***** is evident in the emails that both me and the owner of unit 104 have record of.  ***** told both of ** that these companies would be reaching out to us to schedule appointments, that has not been the case, NWF just showed up one day to do more testing but never said they were coming, this delayed that testing by two weeks, and the owner of unit 104 was never even contacted.   Most recently ***** sent out an email stating that ******* had old information on the units, and this only included my unit, not 104, unit 104 was never part of the estimate from ******* which I was aware of because I called ***************  I had called ******* and asked them to go back out to both units and reassess the damages, at that time of the call, they were not aware of a second unit, yet ***** states that they were aware.  ********************* approved a proposal for only one unit back In January, how is this even possible?  Your claim that ***** managed this is 100% inaccurate.  If the parties involved would have been made aware months ago, we would not be in this position today. This took as long as it did, not because of lack of materials or people to do the job, but because ***** did not communicate or pay attention to severity of this matter.  I have emails and voicemail messages and Texts from just about everyone involved.  These delays were not because of anything I or the owner of unit ************************************************************************************************ ***********  Here it is May 30th, still no idea of when this will be finished.  The owner of unit 104 called ******* last week, they could not provide him with any updates.

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