My complaint is related to the poor manner in which Evergreen Management has chosen to resolve a billing issue, as well as a parking issue.
I purchased the condo as a second home in December of 2013. My realtor had said the condo associate would need 6 months of fees paid up front as part of the closing costs. After my first six months of owning the condo, I received my first bill, and it was for the total time I had been there, less one month, and it included late fees for each month. I immediately reached out to the condo association to inquire about this, and then I retrieved my closing documents. I had only been charged one month, but I had emails from my realtor, saying I would need to pay six months up front, and I asked the condo association to waive the late fees as a result of the miscommunication, as well as the fact that I had never once received a condo bill from them until I had been there for six months. They confirmed that all of the bills had been returned to them as undeliverable, and they offered no explanation of why they didn't then send the bills to my permanent address, or try to contact me in any other way. Paying bills is not a hardship for me, and I would have been happy to pay them on time, had I known the amount was due. It was a misunderstanding, and we shared in the blame. I should have noticed at the closing that I was only billed for one month of fees, and they should have made sure I was receiving my bills.
Secondly, my car was towed from the designated parking lot on two occasions when I had not been provided a parking permit. On the first occasion, I didn't even know a parking permit was required. There are two very small signs in the parking lot, and I had never seen them. Evergreen is under contract with a local tow company who has a per-negotiated rate which is higher than their normal rate, and one can only assume that Evergreen is profiting from the towings. Why else would a contract actually cost more than a standard tow in the city?
I had never been provided with parking passes, and as a result, I asked for them to reimburse me for the towing fees. They declined, but they said they would mail me out parking passes immediately, which they never did. The tow company assured me my vehicle was now on a "do not tow" list, and that I would be safe until my parking passes (which were never mailed) arrived. I know the passes weren't mailed, because I received a letter from them saying my request for parking reimbursement was denied, but not the passes themselves.
During this time period, my vehicle was towed again. This time, the tow company said it was because it was uninspected, and per the condo agreement, no uninspected vehicles are permitted to be parked in the parking lot. I have a company car, which was the vehicle in question. It is a new, high end vehicle, and most certainly not uninspected. The mechanic working on it had given it a clear, temporary sticker while completing work, and they had placed back up documentation in the glove box, explaining that it was a legal sticker. Both the CEO of my company, and the owner of the mechanic shop called the tow company to refute their claim that it was uninspected. The tow company then said it was towed because it didn't have a parking permit. I asked Evergreen to please intervene as both issues were false and completely out of my hands, and they refused.
As a result, I short paid the $1,900 condo fee bill they had finally sent me, by the amount of the two tows, as well as the late fees, so that I could continue the dispute.
As a response to my payment and my dispute, they then added an additional $200 "collections fee" to the late fees they had already sent me, and then sent me a total bill for $953, which was extremely inflated.
I cannot afford for them to keep tacking on arbitrary fees, while they lie about sending out parking passes, and participate in a towing scam to line their pockets. I paid the amount in full, and so now I am bringing my grievance to you. I have all supporting documentation needed. Thank you very much.
I would like to be refunded the late fees, the "collections fee," and the towing fees.
Evergreen Management BBB Case XXXXXXXX. Response XXXXXX
******* ******* - ******* *****
Good afternoon. I will attempt to assist in clarifying Ms. *******'s concerns. In the real estate closing process, Evergreen Management was informed that the condominium purchase at ******* ***** was not a second home, but a primary residence. Our paperwork provided from the real estate closing process shows that the purchase is a buyer occupied condo unit with the address of *** ******* ******* **** *** With a buyer occupied condo unit, the system assumes that the buyer is moving from the sold residence to the newly purchased condo residence.
We have made several attempts to mail information concerning the ******* ***** *********** to Ms. ******* at the new ******* ***** address but the post office repeatedly returns the information "return to sender, not deliverable to addressed, unable to forward". This signifies that Ms. ******* did not submit a change of address form at the Post Office, hence the postal rejection of any first class mail sent to Ms. ******* at ******* ****** In the real estate closing paper work, the email address that was provided as a contact for Ms. ******* is not Ms. *******'s but a completely different email address of which when contacted, does not result in a response. In addition, no phone number was provided as a contact to Ms. *******.
During the real estate closing process, the real estate agent and the buyer of the condominium are responsible for knowing the details of the association, its governing documents and rules before the purchase. This assures the buyer knows for certain what type of community and its rules they are purchasing into. Also, during the closing process, the closing agent should indeed assure the correct information is relayed to the management company so that communications with the new owner can start with a welcome package, the monthly condo fee structure and payment process. Without the vital owner information, the management company on behalf of the association cannot provide the information that essentially should have been provided during the real estate sale process. Information such as the association governing documents, rules, budget, monthly condo fee, when due, etc.
The monthly condo fees are set by the board and there are specific due dates when they are due for all unit owners in the community. If there were delinquencies that accrued due to lack of owner information, the responsibility falls to the owner for payment. This legal obligation takes place at the time of the real estate closing. On Evergreens efforts, the monthly condominium fee statements were also returned as non-deliverable address.
On the subject of parking passes, these were also sent via first class mail and never received due to the reasons above. Very rare is it that a condominium association permits unregistered and uninspected vehicles on the property. This is also stated in the association's rules. Ms. ******* admits that there are signs in the parking areas stating such but chose to park her vehicle there anyway. Evergreen Management or the association does not profit from a tow contract. The rate for the tow company is worked out in advance with the tow company and the association. I don't now where the statement would come from indicating the range of tow rates and certain parties profiting from such action.
With the parking stickers never being received, once communication was finally achieved with Ms. ******* through her old address of *** ******* **** **** in ***** *** it was requested that she visit the management office to obtain the parking stickers. This way, they could be physically handed to her without the confusion of the mail delivery system. Of which we have the retuned letters with the Post Office stamp indicating no delivery as stated above, in this case to both the old and new address.
The fees imposed are not arbitrary, but set with monthly condominium fees, late fees and the towing expenses to be reimbursed to the association. There are 71 condominium units at ******* ***** and the condominium documents, fees and rules pertain to all residents. It is most unfortunate that Ms. *******'s experience in moving into a condominium community has been unpleasant thus far. Evergreen Management is the managing agent for the board of directors. Evergreen Management does not set policy of the association. After careful consideration and review of Ms. *******'s request, the condominium board of directors denied Ms. ******* reimbursement for the towing situations as voted at the board meeting of June 3, 2014. Again, this is a board of director's decision and not the managing agent.
It appears now that the line of communications is open, the past due fees, interests and towing charges need paid to the association and we are hopeful there is a clearer understanding of the rules and regulations of the association by the new unit owner.
(The consumer indicated he/she DID NOT accept the response from the business.)
This response is not acceptable, as it still contains incorrect information, no admission of fault, and untrue statements. I do not owe anything to the association. I have paid up my fees in full. I issued this complaint because they were not willing to work with me at all, as is evidenced in their untrue/incomplete response. The lines of communication have been open since the day I received the first bill. I sent them a very lengthy email, and we exchanged many emails overtime. To assert that the lines of communication were just opened because of this complaint is consistent with their refusal to deal in facts. Also, the unit is owner occupied, but only as a secondary residence. My permanent address was always listed as my primary address. The office staff have not been truthful about mail that was sent, as with the example of the parking stickers they said they mailed to my primary residence which never arrived, but the bills and the letter saying they wouldn't reimburse me came without trouble. This is a poorly managed company, with poor customer service in the office, and my complaint stands.
Final Business Response
Evergreen Management apologizes it cannot continue to assist Ms. ******* at this time but as the Managing Agent for ******* ****** Evergreen Management cannot change or alter policy for the Board of Directors or the Association. With this in mind, if Ms. ******* is not satisfied with the feedback she has received regarding this case, Ms. ******* is welcome to appeal her concerns and requests directly to the Association's Board of Directors. Ms. ******* can notify the Association's Administrator or Manager at our office and request to be placed on the next board meeting agenda. This will provide Ms. ******* the opportunity to be heard in person with the Associations Board of Directors. The Board of Directors is in the position to make a final judgment on this case.