ComplaintsforFirstService Residential New York Inc.

• Initial Complaint

  11/10/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I closed on my condo April 1, 2021. I was required to leave a $400 electric deposit. I am still waiting for a $250 return of my money. There have been many emails back and forth between *********************** and ***************************** at First Service Residential. FSR was charging me for electricity after I moved. Then they didnt have my address, then I was supposed to get the check. Now no one will return my phone calls. 7 months!

  Business response

  11/11/2021

  Dear ******************,  
  
  On behalf of FirstService Residential, we sincerely apologize for this inconvenience. Now that we have your correct address, a refund check in the amount of $200.82 is on its way to you in ********************.  
  
  As your property manager explained, of your $400 deposit for electric, $199.18 was credited to the common account, which was allocated per the breakdown below: 
  1/7 to 2/8/2021: $104.73  
  2/8 to 3/10/2021: $37.37  
  3/10 to 4/8/2021: $57.08  
  
  You were not charged for electricity usage after you closed. The days you were charged simply reflect the end of your electric cycle. The electric is not billed on a daily basis, so therefore, it cannot be prorated. 
  
  Thank you, 
  FirstService Residential 

  Customer response

  11/26/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved.

  I was supposed to get a credit for March since FSR did not read the meter on April 1 and the new owners moved in on April 2 and started to use the electricity. FSR could not get an accurate reading, I should not have to pay for 6 days of electricity so I was to get a credit for March.Answer Here]

   

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

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

• Initial Complaint

  10/26/2021

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  In july 2020 I was charged $100 in late fees and I believe my state had a moratorium on late fees for HOAs until September 2020. The statement of account they sent once this past September on my request is rather confusing but looks like I was charged $100 in late fees again in August and September 2020. I also believe this amount exceeds the maximum for ny state law in HOA late fees. My total monthly maintenance is $384.10. My monthly statements make no sense at all. They dont itemize them. They seem to be tacking random amounts of money to the **** though after repeated attempts to email after phone calls which are just ridiculous and notes included with checks past year to email me to explain ****, they did put legal fees on a **** clearly in October 2021. but wont tell me what they are for. Ive not been contacted by a lawyer. No one will contact me at all. I have been paying my maintenance. I would like to resolve the issue in good faith, but no one will respond to me. Perhaps I am wrong, but I need a response to my simple questions and I dont understand why I would be charged legal fees for asking to be able to pay what I actually owe if I owe something for that September 2020. What they say I owe is inexplicable. I have heard other neighbors are confused by the peculiar lack of info in billing and fines and randomness and cannot get answers. A large capital assessment is being pushed forward aggressively right now, so in addition to resolving my own problem, I very much want all owners and tenants to have a dependable, agreeable relationship with our management company and a lot of transparency as they are demanding thousands of dollars in assessment fees on top of our maintenance and seem to be unable to manage finances effectively. I hope the photos are somewhat helpful. Its all the info Ive been sent to current date and cant seem to get any more clarity from anyone.

  Business response

  10/27/2021

  Good morning,
  
  Please note, Condominium and Home Owners Associations were never impacted by the prohibition on late charges and interest on common charges and assessments and can continue to charge late fees and interest provided their governing documents permit same, regardless of the time period.
  
  Based on above, it does not appear that condos were exempt during Covid from receiving late fees.  Some condo boards as a courtesy waived late fees for a period of time initially during the onset of Covid. 
  
  Late fees are only $50 per month not $100. On your condo **** (you receive two bills - condo and HOA), you were billed a late fee of $50 in July, September,and December 2020. You also received one in January 2021 (see attached highlighted in yellow).
  
  You also received a $50 late fee in July, August and September 2020 on your HOA **** (see attached highlighted in yellow).
  
  Regards,
  FirstService Residential

  Customer response

  11/03/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  [Your Answer Here]

  this message is their response to two emails I sent directly to them after they responded to BBB complaint last week. All of my questions have not been answered. The legal fees have not been addressed.  Adding what they suggest are the late fees still doesnt account for the arrears that they suggest in unitemized bills. This particular response from them starts with a quote that isnt cited and says that it appears to suggest that the board is not exempt from hiking to maximum late charges as response to covid shut down. I want to know what is true, not so much what appears to be true and if it is true, it is nonetheless worth noting from an ethical standpoint.. in addition Im concerned because a note was slipped under my door saying eviction proceedings would begin a couple months after I moved here around winter 2016 because of non payment of the condo 2 **** ($96.) that hadnt been sent to me and I wasnt aware existed and it felt unnecessarily aggressive for a couple hundred dollars. it was long ago but has affected the trust level as a base for what is happening now. So Im still concerned and uneasy. Hope this is all resolved effectively soon. Best wishes, ******* *****

   

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

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

  Business response

  11/17/2021

  Good afternoon,
  
  In response to the late fees, in March 2020, late fees were adjusted to a flat rate of $50 per month. Previously, late fees were calculated based on a percentage of 4% on current outstanding common charge arrears and an additional 2% interest was added based on the total arrears. This percentage method of charging late fees came out much higher than the change to a $50 late flat fee. The condo made the change from a percentage to a flat fee so that late fee charges would not be so high for the owner and more easily calculated.
  
  Condos were not exempt from charging late fees during the ******19 pandemic; however, the board chose to waive late fees for several months during the heart of the pandemic as a courtesy.
  
  We commenced management in October 2015 and are not aware of any notices that would have been distributed threatening eviction for $96 and this was never mentioned to us by you until now.
  
  In addition, you were provided on 10/26/21 with an itemized resident transaction report for both the condo and HOA fees which shows what was billed and collected.
  
  Related to the one legal fee charged (one legal fee was reversed), management will double check and confirm that the condo attorney submitted a notice of arrears. If yes, then the charge will remain. If it turns out the attorney did not send a legal notice to you, the legal fee charge will be reversed.
  
  Thank you.

  Customer response

  12/03/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  [Your Answer Here]

   Thank you for your response, but I sent an email to first service and the board on 11/30/2021 that the statements are still confusing and dont add up and seems to have been made worse that I paid the capital assessment in full, $2810? On October 29 th in a separate check which I photographed for you and that money has been applied to strange inexplicable fees. The itemized breakdown was sent to me by email on August 17 2021 after my requests. I ve been requesting a response in notes included with my checks during the previous year.. I would very much like to receive clear, itemized statements detailing all money charged as it is very much out of order and gets stranger every month  We cleared up the strange eviction issue promptly back then by phone. I only mention it because i cant help but recall it as my bills seem to be moving all over the place and never make any sense and it doesnt feel right. I just really want an orderly clear billing system. Thank you for clearing things up as soon as possible, applying the capital assessment money appropriately and then explaining the two monthly bills for condo 2 and HOA at your earliest convenience. We probably need a meeting soon before capital assessment work begins. I know there is some concern about that money and perhaps a meeting with an audit that includes that money will put homeowners at ease. Hope everything is worked out to the satisfaction of all soon. Thanks.

   

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

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

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