Complaints

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• Initial Complaint

  Date:09/04/2022

  Type:Product 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.

  **** Seymour is the property management company for Turnberry Condo's in *************, **. **********************************************; My Unit #*** was sold at the end of April and as part of the selling process **** Seymour collected a refundable $300 move out deposit. To this day they have failed to return the deposit without a word of communication to both myself and my real estate attorney. I need my $300 move out deposit returned immediately.

  

  Business Response

  Date: 09/26/2022

  ****************** violated the Turnberry of ************* Rules and Regulations during his move out from the building.  He moved items out the front door and over the balcony during his move.  All items are required to be moved out through the garage.  ********* charged him a $300 fine for these violations.  He had 15 days to request a hearing before the Board to dispute the charges and did not exercise that right.  His attorney did contact us regarding the $300 and was told that it was tied up in a violation fine.  A copy of the violation letter is attached.

  Customer Answer

  Date: 09/27/2022

   
  Complaint: 17917663
  
  I am rejecting this response because: the allegations made are false, all items were moved through the garage brought to a moving truck parked outside the garage area - timestamped video evidence to substantiate the allegations was never provided and the *** attached letter was never emailed or snail mailed to me and I was therefore not aware of the issue and never allowed the opportunity to discuss the situation. 

  
  

  Furthermore, per the MOVES section of the rules and regulations (see below) it states the $300 deposit is to be used for any damage or loss to the common elements or any other unit occasioned by the move.  Since no damage was assumed to any of the common elements or other units the entire $300 needs to be refunded.  Also, note: the Fines section outlined in the rules and regulations (see below) indicates a violation of $100 being assessed for any violation regarding moving; so even if time stamped video evidence is provided to substantiate the false moving violation claim $200 of the $300 deposit should be refunded.  In my case all rules and regulations were followed and so the entire $300 deposit needs to be returned/refunded back to me asap.  

  
  

  MOVES
  

  All moves must be scheduled with the management company at least 10 days prior to the move in order to ensure the availability and preparation of the elevator

  Moving must be done between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.  Moves are not permitted on Sundays or holidays.

  Prior to any move in or move out, the management company will require a refundable deposit of $300 as security for any damage or loss to the Common Elements or any other unit occasioned by the move.  The deposit or remainder thereof will be returned to the unit owner within 30 days after the move. Acceptance of the deposit by the management company does not and will not relieve the unit owner from liability for any damage that occurs during the move.

  
  

  FINES

  Unless otherwise stated in these Rules, fines for violations of these Rules will be determined by the ***** of **************** style="margin: 0px 0px 5px; padding: 5px 0px; border: 0px; outline: 0px; font-size: 14px; vertical-align: baseline; background: rgb(244, 244, 244); color: rgb(51, 51, 51); font-family: Arial, Tahoma, Verdana, FreeSans, sans-serif;">1.  Violation of any regulation regarding moving in/moving out $100.00

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

  Customer Answer

  Date: 10/06/2022

   
  Complaint: 17917663
  
  I am rejecting this response because: their most recent response is the exact same one as their first and only response they gave to my complaint and this is what I would like for the business to do:
  
  
  #1 - given that the condo association staff reside in a different location than in the physical condo building and given the fact that there was nobody present during my move-out: provide timestamped video evidence showing me personally moving items over my balcony, which is located ~100 feet above ground and also video evidence showing me personally moving items through the front door, post receipt of my move out deposit, in the month of April in the year 2022.
  
  
  #2 - explain why a $300 move-out fine was assessed when no damage was caused to any part of any ****************************; per the rules and regulations fines are only assessed when damage is caused - see page 1 of the attached PDF document containing a screenshot of the applicable highlighted section in the condo rules and regulations indicating such.
  
  
  #3 - explain what gives the association the right to levy a move out fine greater than $100 when the condo bylaws indicate $100 is the maximum move out fine - see page 2 of the attached PDF document containing a screenshot of the applicable highlighted section in the condo rules and regulations indicating such.
  
  
  #4 - provide proof that the letter attached to my initial complaint included in the initial response by the business was emailed or snail mailed to me. [I never received any such letter or other communication from the association regarding my move out deposit].
  
  
  #5 - let it be known that per the condo association rules and regulations, the association receives a non-refundable $250 fee for all move-ins and move-outs to defray administrative costs - that rule is unfair and unjust and shows the greed of the association especially since the association already gets paid a hefty sum to manage the condo building - Id like the association to provide a detailed list of the administrative costs incurred during the move-in and move-out process.  Reference page 3 of the attached pdf indicating the mandatory collection of a $250 non-refundable deposit.
  
  
  #6 - provide an explanation on why my email that was sent on August-15-2022 was ignored - see page 4 of the attached PDF document containing a screenshot of the email sent.
  
  
  Sincerely,
  
  *********************

  

  Business Response

  Date: 10/14/2022

  I have reviewed this again with the Property Manager.  Based on the witness complaint it would appear that only two of the moving rules were violated.  This would make the owner subject to fines totaling $200.00 in our opinion.

  PLEASE NOTE THAT WE, AS THE MANAGEMENT AGENT FOR THE CONDOMINIUM ASSOCIATION, CAN NOT WAIVE ***** ESTABLISHED BY THE ***** OF DIRECTORS.  WE DO NOT HAVE THAT AUTHORITY.  THE ***** ARE NOT BEING PAID TO **** SEYMOUR, BUT TO TURNBERRY CONDOMINIUM ASSOCIATION.

  We can offer to remove the $100 fine that we do not feel should have applied. The Board would agree to this.

  If you wish to further appeal the remaining $200 all we can do is set up a hearing with you before the ***************** of Directors to allow you to present your case as you feel you did not get proper notification. 

  The Board must make the determination, we do not have the authority to override their decision.

  Please let us know if you would like a hearing.

  Thank you.

  ***********************************

  Customer Answer

  Date: 10/21/2022

   
  Complaint: 17917663
  
  I am rejecting this response because: I presented all of the facts in my last response pertaining to the matter at hand in addition to requesting answers to a list questions; none of which were answered; why arent answers to each of my questions being provided by yourselves and the board?  The lack of video evidence presented proves this to be a case of mistaken identity. The alleged witness complaint has now been walked back to only two moving rules being violated supporting lack of witness credibility and therefore invalidating the entire complaint.

  You say that as the management agent for the condominium association you can not waive fines established by the board of directors, however: 
  1. per the rules and regulations the move out deposit is strictly for any damages caused during a move but no damage was caused and all move out rules were followed - have you communicated the afore-mentioned to the board?
  2. when a complaint is brought against an owner it is the condominium associations responsibility to assess and validate the complaint by requesting the complainant provide verifiable evidence - to-date no verifiable evidence has been presented and therefore the complaint is invalid and requires dismissal.
  
  Go back to the board and and have them approve return of the full amount of my move out deposit totaling: $300 - there can be no other acceptable outcome.
  
  Sincerely,
  
  *********************