Complaints

The complaint text that is displayed might not represent all complaints filed with 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.

• Initial Complaint

  Date:10/12/2022

  Type:Order 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.

  We are seeking resolution to a matter which is simple in nature but difficult to resolve. In October of 2022, we agreed to rent RV space #*** from ***** and *********************************. The Rockafellows had purchased a park model home in Lake San Marino, a Sun Communities resort in ******, **. The Rockafellows were sub-renting to us their RV spot.The rental term with the Rockafellows was November 1, 2021, to May 1, 2022. In March 2022, we started planning our next winter in ******* (November 2022 May 2023) and began working with the Lake San Marino Manager **************************After reviewing the site options, we selected site # *** and were told by **************** that we could only reserve the site if we agreed to a 7/5 placement agreement. We agreed only after making it clear numerous times to **************** that we were paid through the end of ***** on site #*** and would only sign the 7/5 agreement for site #*** if the agreement started May 1, 2022. **************** advised us that would not be a problem, and she agreed to start our rent May 1, 2022. Our main concern was the start date, and we made it clear several times that we would not sign the agreement and pay twice for ***** since we were already paying **** and *********************************. **************** told us repeatedly that this was not a problem and that she would change the ***** date on the pre-printed form we signed. We made the mistake of trusting her to follow through with her verbal commitment. We also ask her what happens in the event we are unable to return to ****** for the 2022-2023 winter. She advised that she make sure any rent paid would be returned to us. With the May start date and future rent payments refunded in the event we could not return to Lake San Marino we felt comfortable signing the agreement. We signed the agreement with her verbal commitment and provided our first rent check of $653. In the notes section on that check, we wrote May 2022. Further, on our RV Resort Application, the estimated move

  Customer Answer

  Date: 10/14/2022

  Better Business Bureau of West *******

  2655 ************************

  **********, ******* 33759

   

  Dear *****,

   

  A quick history of the issue: We rented a RV site #*** at Lake San Marino RV Resort from November 2021 through May 2022, from ***** and *********************************. In March 2022, we started working with Lake San Marino Manager ************************* to select a site for the 2022 ***** season. We selected site # *** and the agreement we made with **************** was May 2022 to 2023. She agreed to our request and told us that she would alter the pre-printed agreement we signed. To make sure we had evidence, we made out our first rent check ($653) and dated it May 1, 2022. Additionally, our rental agreement application form dated May 1, 2022. We will send you copies of both documents. The reason for our request to start May 1, 2022, was we were already paid through April with **** and *********************************. We did not want to pay twice for ****** On April 22, 2022, we contacted the Lake San Marino office after receiving a utility bill for the month of ****** **************** was on leave during this time, and we spoke with another manager in the office. We advised her that we should not be receiving any utility bills since our agreement does not start until May 2022. We followed up this telephone conversation with an email, dated April 22, 2022, stating our objection to the utility bill and rent start date and attached a copy of our 1^st rent check with the May 1, 2022, start date in the notes section. In June, we followed up with another phone call with the office staff and **************** told us that she did not remember agreeing to start our rent May 1, 2022. We asked to speak with the Lake San Marino Manager, ***********************. We were told that ************ was out on an extended leave of absence. **************** advised during that telephone call that she would call the Sun Communities corporate office and seek approval to change the pre-printed rental agreement to May 1, 2022, stating that she did not remember agreeing to change the date on the pre-printed document we signed. On June 27, 2022, we emailed **************** and ************ to again state our objections to the rent start date and we also advised that our bank drafts were being suspended until this matter is resolved. In that same email, we requested that our 30 days notice to cancel our agreement is April 22, 2022. Additionally, we requested a refund of our three payments ($653), ($603), and ($603). On multiple occasions, we have called the Sun Communities Corporate phone number and left voice messages asking for someone to call us back as well as submitting customer service inquiries on their web site. As of September 10, 2022, we were not contacted by anyone at Sun Communities or Lake San Marino other than ****************. On September 10, 2022, we received a Final Statement of Security Deposit statement from Sun Communities resort manager *********************. The statement listed a balance due of $729.30 for rent due July and Aug along with taxes and non-sufficient funds charges. We contacted **************** on September 12, 2022, where she informed us that we should not be receiving statements and that she would take care of it. Given the history of this matter, we are skeptical and have lost trust with the office staff. On September 13, 2022, contact was made with Lake San Marino manager *************************** regarding this matter. ************ apologized for not being on site when this matter was first disputed. He advised that several corporate vice presidents talked yesterday about a remedy to the situation. I advised that considering the situation and the amount of frustration on our part we are requesting a full refund ($1,859). ************ advised that corporate supervisors only approved refunding the first months rent. He advised that the space that we reserved #*** was rented to another person for the season. I shared my disappointment with this decision and asked ************ to speak and advocate on my behalf and request again a full refund. He agreed and committed to contact me by tomorrow at the latest. On September 13, 2022, contact was made with *******************************, Sun Communities Vice President. She advised that she was aware of the situation as well has her supervisor which she will see Friday September 15, 2022. She advised that she understood the situation and asked how she could help. I briefly reviewed the issue and ask that Sun Communities refund my payments based on the fact that **************** voided our original agreement and when alerted to this fact, would not correct the mistake. **************** referred several times during our discussion that we signed a contract and subsequently voided the contract even when the original documents (rental application and first rent payment) clearly stated May 1, 2022. She agreed to pay back the month of April and stated that we should forfeit the automatic bank draft payments for $603 and $603. She also advised that lot #*** was re-rented but they are willing to assign a remaining concrete pad to us. We restated our position, that Lake San Marino broke the agreement, and we only stopped the bank draft after numerous attempts starting in April asking to speak with supervisors with authority to resolve the situation were not addressed. **************** and ************ both supervisors for Sun Communities advised that they would have corrected the agreement date immediately had they had known about the issue. Understand that we left the Lake San Marino RV Resort in late March 2022 and have not returned to date. Our original plan was to return late November 2022. We paid $1,859 to this point and have received unusual treatment for a business and have lost trust in the office staff. We requested a remedy through the site representative, **************** through the corporate office without success. We are requesting a full refund, at this point, at a loss of how to resolve. Additionally, we have not consulted legal advice, preferring to exhaust all options before speaking with any counsel. In late September, the attorney representing Sun Communities contacted me by phone. It was a Saturday, and I was out walking so I couldnt take notes. We discussed the facts of the dispute and he agreed to advocate on my behalf the following settlement: Lake San Marino would pay me for the month of April $653, and they would provide me a credit that I could gift to my friend at Lake San Marino for $603 and $603. We have not heard from Sun Communities since that phone call. We have called numerous times and tried to leave messages without success. We called the Lake San Marino office and spoke with the Manager ***********************, and he advised that it was out of his hands since I hired an attorney. I reiterated that I had not hired an attorney to this point, it was the Sun Communities attorney that contacted me. He was insistent that he could not talk with me because I hired an attorney. We have not hired an attorney, but we have asked the Better Business Bureau of West ******* to advocate on our behalf to resolve this matter. Please feel free to contact me at the number below to assist in this matter.

   

  Best Regards,

   

  ***** & *********************

  19408 *****^nd Street

  ******, ** 66220

  ************** cell    

  Business Response

  Date: 10/18/2022

  ************* was subleasing a lot within the Lake San Marino ** Community in spring of 2022.  ************* wished to ensure that he would have a lot to lease in Lake San Marino for the upcoming year.  ************** came to the office in march of ****************************** leasing a lot for the upcoming year.  ********** staff prepared a lease agreement, which ************** signed.  That lease agreement, which is attached to this response, states that the ** Arrival Date is March 29,2022.  The lease agreement start date is April 1, 2022, and the lease agreement end date is March 31, 2023.  The lease agreement was signed on March 16, 2022 by ***************  ************** initialed a specific clause, which reads I have read and understand this ** Placement Agreement and the Community Rules and Regulations and agree to all of the terms and conditions of these documents.  The terms of the lease that ************** signed clearly states that the lease commences in April of 2022, not May of 2022.  If the agreement did not reflect the proper terms, ************** could have refrained from signing it, or he could have insisted that it be changed to reflect a May 1,2022 start date.  ************** did neither of those things.  Instead, he signed the agreement with an April 1, 2022 start date. 
  
  There was no confusion regarding the start date of the lease, as the start and end date of the lease are provided in multiple locations on the lease agreement.  ************** paid rent for ****** May and June of 2022.  For a reason unknown to the community, ************** then contacted the office seeking to terminate his lease.  Despite the fact that there was no legal basis to terminate the lease, the Community, as a consideration to **************, allowed him to terminate his lease and agreed not to seek payment of any additional monthly lot rent. After being advised that the Community would let him out of his lease without penalty, ************** insisted that he be refunded any lot rent that he had paid.  ************** requested a refund of rent, despite the fact that the Community held his lot exclusively for him during the months of ****** May and June of 2022.  ************* demand for a refund of rent for an ** lot that was specifically reserved for him and his spouse is not an acceptable or fair resolution for the **************** ************* already gave ************** a significant benefit when it agreed to terminate the remainder of ************** lease without penalty.
  
  ************* goes on to state in his complaint that the Community manager made a verbal statement that the Community would refund all of ************** money if he was unable to make it to the resort to take advantage of his ** lot.  ************* is asking the BBB to believe that an ** Community would agree to hold an ** lot for a specific tenant, accept rent from that tenant in exchange for holding that lot, and then agree to return all paid rent if the tenant later stated that he did not use the ** lot.  It would be an unacceptable business practice to hold a lot for a resident subject to a lease,and then refund that money for the lot if the tenant at the end of the lease declares that he/she did not use the lot.  If the Community holds an ** lot for a resident and doesnt allow others to rent the ** lot, the tenant must pay for the lot whether he/she uses the lot or not.
  
  For the aforementioned reasons, the Community disputes ************** entitlement to any refund.  ************* already gave ************** due consideration when it agreed to terminate the lease agreement.  ************* could have insisted that ************** continue to abide by lease agreement and remit monthly rental payments, but it allowed ************** to end the lease agreement prematurely (without any legal basis for doing so).  ************* has no obligation to refund ************** any rent that he paid while the lot was being held for his benefit.  

  Customer Answer

  Date: 10/19/2022

   
  Complaint: 18203345
  
  I am rejecting this response because: The main issue of our dispute with Lake San Marino is the agreement start date.Their pre-printed form and normal start date for RV lots is ***** 1. Since we were already paid through the month of ***** we asked and were granted relief from that date. ************************* the Lake San Marino Office manager we worked with agreed to a May 1, 2022, start date. Why would we agree for pay for ***** twice. Lake San Marino is a nice place but it's not worth double rent.  We paid for our first month's rent with a check and signed the rental application form. On both of these documents we wrote May 1, 2022. **************** told us that she would change the pre-printed rental agreement form dated ***** 1, 2022, to May 1, 2022. When discussing this issue with ************ Hart and the Corporate ****************************************** both of them told us that this would have been an easy fixed this situation , changing the date to May 1, 2022, had known about the date issue. When this issue first was brought to their attention **************** claimed that she didn't remember agreeing to change the date to May 1, 2022. After speaking with numerous Lake San Marino employees, their parent company ************** and their corporate attorney they agreed to pay back the first month's rent and provide me a gift certificate for two months which I could gift to our friends at Lake San Marino. Now they won't talk with us, claiming that I hired an attorney. We have not hired an attorney. We are asking for the first month's rent to be paid back to us, and a gift certificate that we can provide to friends that stay at Lake San Marino.  

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

  Business Response

  Date: 10/21/2022

  ************** was subleasing a home/lot from another resident, which sublease allegedly continued through ***** 30, 2021.   The lease that ************** signed with the community commenced on ***** 1, 2021.  ************** claims that he "double paid" for ***** of 2021, but he did not "double pay" the community.  ************** paid his prior landlord for ***** of 2021, and then he paid the community for its reservation of a completely different lot.  *************'s position has not changed, and it appears as though ************** is unaware that the community had every right to require him to continue to pay monthly lot rent through the end of the lease.  Instead, the community allowed him to break his lease early without penalty.  ************* does not wish to offer ************** any additional compensation, as it has already compensated him by allowing him to break his lease without penalty.