ComplaintsforEssex Association Management, L.P.

• Initial Complaint

  05/28/2024

  Complaint Type:

  Delivery Issues

  Status:

  Resolved

  More info

  I closed on a house on 5/20/24 in ********************** in ******, which is a gated community. I submitted a form to get gate access on 5/17/24 and still do not have access. ******************************* reached out to me on Thursday 5/23/24, nearly a week after I submitted the form and after calling the main number, to tell me she needed the first page of my closing documents with my name and the address of the home. She told me after I provided this, she would process the gate access immediately. I sent her the document she asked for within 15 minutes. It has been nearly three days since then and I have not heard anything from anyone. I tried to call and apparently no one except billing is available due to the storm (how convenient). I cannot physically access my house and need gate access immediately.

  Customer response

  05/29/2024

  My issue was resolved 

• Initial Complaint

  12/03/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Resolved

  More info

  Upon purchasing this property, we were aware of the *** here in the community. However, I have observed in recent contacts by the company to which nothing drastically changed to our home, we have found that the *** contacts us on ***** issues from a dead tree that was dead when we received it from our contractor and my husband attempted to make our flower bed neat and clean as he is a gardener. The same bricks/rocks from our home that were left over he used to make a flower bed. Neat and decent. I have noticed that the *** made primary up of Hispanics have been targeting Non-Hispanics in this community. While the *** president is African American, we know this is to elude others that the board is not prejudice toward anyone who is not Hispanic. The border around the flower bed is alot neater than most of the properties in this community owned by Hispanics but they are not harassed by the ***. If anything, the Hispanic property owners have tons of cars blocking the through ways from traffic and the yards appear to not have been mowed in months as well as their poor constructed flower beds and them leaving their trash bins in visible sight, something we received a notice for. I am furious!

  Customer response

  12/04/2023

  The company has reached out to me via ****** review willing to discuss my review and verbalized it is a slanderous statement, however the company should be investigated as I have observed alot of the properties that were here before mine and the yards look awful and they still remain in the same state. My husband does an exceptional job keeping up our yard and I take great offense to paying $2400/month for a home for someone else to tell me how to care for my property. My home is well manicured and this HOA feels like they should be consulted on everything regarding discreet hard work that does not make your property look tacky. I feel strongly about this; just take a look at the make up of the Essex Board. I will have a discussion with the company advisor soon.

  Customer response

  12/05/2023

  Cancel complaint as my husband and I will sale and seek another property not in an Essex community. 

  Business response

  12/05/2023

  Good Evening,

  I would like to thank the homeowner for caring for her yard. I saw the pictures the inspector took, and her grass is cut nicely, and it is clean. There are however things that are not in compliance with the Design Guidelines in the CC&Rs (governing documents), and that is the only reason she received the 1st courtesy notice violations. 

  However, I must bring up that this homeowner made this same complaint yesterday on ****** as a 1 Star Review. However, in the ****** Review she stated that Essex is biased toward African Americans who live in the community. I responded to that review and explained that violations are written by our Inspectors according to the Design Guidelines in the CC&Rs (Covenants, Conditions, and Restrictions). The inspectors carry a tablet with the C3 Community software that most *** Management companies nationwide use.  The software has absolutely NO place to indicate the race of a homeowner. That would be illegal and as far as Essex Association is concerned, it is unethical.  We have no way of knowing what race any of our homeowners are from looking at the software.  This is an untrue statement that she made on ****** yesterday and I immediately reported it to ****** and they decided that it violated their policy, and they immediately removed the complaint. As of today 12/5/23 it is no longer on our profile.  I have attached a copy of the ****** review for the homeowner and for BBB's perusal, and also a screenshot of today's (12/5/23) ****** Reviews on our profile showing it is no longer there.

  The reason this homeowner received 1st notice courtesy violations is for valid reasons.

  1. She added a border to her flowerbed of rocks of varying sizes (which isn't allowed per the governing documents) and she did not submit an ACC Request for approval through the *** website portal. If she had followed the rules and submitted the request PRIOR to installing it, she would have received a denial explaining that the type of border isn't allowed by the Design Guidelines because it allows grass and weeds to grow between the rocks. A mortared, even, flowerbed border, of a minimum height is required, to prevent weeds and grass from migrating into the flowerbed from the lawn. That is why she received her ONLY violation for her flowerbed. It had nothing to do with the plants that she has in her flowerbed. I will however ask the homeowner to look at her CC&Rs (governing documents) to see what is required to have in the flowerbed, as what she currently has is not in compliance. HOWEVER, she has not received a violation for that. 

  2. The violation for the dead tree is valid. The homeowner is responsible for the home, the lot and the landscaping after purchase. If she bought the home from a builder, and she states in her complaint that it was dead when she purchased the home, she can contact the builder and ask them to warranty it, and if it has been less that one year since she purchased the home from the builder, they should replace it. Either way, THE HOMEOWNER is the one responsible for the tree. Unfortunately, we are required by the Developer, or ***** of ********* of the community, to inspect and write violations. If we do not, then we are not honoring our responsibility to the community.

  3. The violation the homeowner received for trash bins is valid also. The CC&Rs state that the bins must be kept out of sight, other than the day it is out for pick up.  The picture the inspector took of the bin, it was not in the street to be picked up, it was against the garage on the driveway in plain view of the street. This is a violation.

  When the 1 Star Review was made yesterday, I ran a report for her community, and looked to see how many violations have been written. There have been several hundred written for the community for the current year.  There is no way to run a report for what race the person is who received the violation, because there is nothing in our software that allows us to keep track of that information.

  The inspectors spend no more than ******************************************************************** the software prior to moving on to the next home with a violation. They are not allowed to take a picture of a home if there is any person visible in the yard, they do not stop, they do not have the time, or even the opportunity to decide to write a violation based on race. 

  I am not saying that racial biases don't exist in society, they do. However, Essex is a faith based company, and the people we hire would not stay employed if they held that type of attitude or conviction. I know because I am a member of management. 

  I also offered in the response to the homeowner on ******, to message me on the ****** messaging platform and I would be happy to contact her to answer her questions or concerns. She did not. She has now filed a BBB Complaint of the same nature but stating we are biased toward Hispanics.  

  I am very sorry that ******** feels this way. I realize that my response, is most likely not going to change her mind about how she feels about Essex. However, if the reason is due to violations, then the reason is unfounded. We have no way of knowing  the race of anyone who calls us or purchases a home in a community we manage.  The statement she is making is damaging to our company. I am very sorry she feels this way, but it is not accurate.

  Again, if ******** would like to reach out to an Ombudsman, she can reach out at any time and we will be happy to assist.

  Thank you

  Customer response

  12/05/2023

  I have reviewed the business response and accept this resolution. 

• Initial Complaint

  08/11/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In April of 2023, a meeting was held between Essex, Centurian ********, and members of my community in ********, ***** concerning a shady attempt by Centurian to re-zone an area in our community and build a hotel in it without consulting the community. The local city council caught wind that they didn't notify the community of this plan and luckily alerted us to this attempt and refused to allow a vote on it yet. The residents voted down the subsequent vote. Afterward, the developer wanted to have this meeting to talk to us to try and strong arm us into being okay with it. *********************** of Essex, as our property administrator, agreed to record the meeting on the community's behalf and promised to make it available afterward.It was clear that the meeting was not going Centurian's way - especially when they began suggesting that things like landscaping around the hotel could possibly be paid for out of our HOA funds. One of their staff was very upset that the community was not okay with this. He began interrupting people, getting very upset, getting animated, and even started making threats about bringing in something even worse than a hotel and about how he has to look out for himself if we aren't going to work with him.I, and several other residents in our community, have requested access to the recording of this meeting. Essex Property Management refuses to make it available for obvious reasons - they were appointed by Centurian ******** and don't want to get on their bad side. I didn't think this was acceptable and have repeatedly tried to gain access to this meeting over the past four months with no success.Finally, this week, their team must have gotten tired of dealing with me and connected me with their Operations Manager, ***********************. He was no help. He said I can't have access to this meeting but will not go into why I can't have it and tried to spin me a line about how it is actually in my best interests not to have it.

  Business response

  08/16/2023

  Dear BBB, 

  We have answered ********************************* several times. I reached out to him after he left two (2)  one Star Reviews on ******* I offered to try to find resolution to his problem. He emailed me and told me basically what is in his BBB Complaint. I explained to him that according to Texas State Regulations (Property Code) Townhall Meetings are not official meetings and no business can be conducted at a Townhall meeting and no minutes are required.  He missed the meeting and because one of Essex Employees said that the meeting would be recorded (on the software we were using) he expected that he should receive a copy.  I explained, quite patiently, that we are not required to take minutes and only the ***** of ********* can view a meeting recording.  I looked for a recording and couldn't find one.  That is because this Townhall Meeting was called by the Developer. We sent out the notices because we manage the association (HOA) but it wasn't an HOA sponsored meeting. It was the Developer wanting to give information to the homeowners.  If it was recorded, it belongs to the Developer and according to Texas State Regulation we do not give out recordings of meeting to any homeowner.  

  This meeting was an unofficial, Townhall Meeting that he didn't attend.  I even spoke to several people who were in attendance (developer and our company) and they told me the 2 items that were discussed and I wrote that to him in an email twice. There is nothing else to give **********************. He has now gone to Reddit, Yelp, Birdeye, and BBB as well as ****** and has accused us of these things. However, we don't even control the community. It is under the ***** of ********* who was appointed by the Developer.  All that Essex Association does is collect assessments (set by the developer) and collections, we send out vendors and pay the bills for the community. We also set up meetings for the community.  

  I have explained this to ********************** numerous times.  I have attached just our email trail and also the web submissions that he has sent through his HOA website.  There is no pleasing this homeowner. We are considering legal action.

  Thank you.

  Business response

  08/22/2023

  Dear BBB, 

  We have answered ********************************* several times. I reached out to him after he left two (2)  one Star Reviews on ******* I offered to try to find resolution to his problem. He emailed me and told me basically what is in his BBB Complaint. I explained to him that according to Texas State Regulations (Property Code) Townhall Meetings are not official meetings and no business can be conducted at a Townhall meeting and no minutes are required.  He missed the meeting and because one of Essex Employees said that the meeting would be recorded (on the software we were using) he expected that he should receive a copy.  I explained, quite patiently, that we are not required to take minutes and only the ***** of ********* can view a meeting recording.  I looked for a recording and couldn't find one.  That is because this Townhall Meeting was called by the Developer. We sent out the notices because we manage the association (HOA) but it wasn't an HOA sponsored meeting. It was the Developer wanting to give information to the homeowners.  If it was recorded, it belongs to the Developer and according to Texas State Regulation we do not give out recordings of meeting to any homeowner.  

  This meeting was an unofficial, Townhall Meeting that he didn't attend.  I even spoke to several people who were in attendance (developer and our company) and they told me the 2 items that were discussed and I wrote that to him in an email twice. There is nothing else to give **********************. He has now gone to Reddit, Yelp, Birdeye, and BBB as well as ****** and has accused us of these things. However, we don't even control the community. It is under the ***** of ********* who was appointed by the Developer.  All that Essex Association does is collect assessments (set by the developer) and collections, we send out vendors and pay the bills for the community. We also set up meetings for the community.  

  I have explained this to ********************** numerous times.  I have attached just our email trail and also the web submissions that he has sent through his HOA website.  There is no pleasing this homeowner. We are considering legal action.

  Thank you.

   

  Attachments:

  *********************************.pdf Web Submissions.png

  
  

• Initial Complaint

  07/04/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Essex management is collecting *************** and assessments from its tenants yet they have failed to build the pool and workout center. We have no amnesties here in Legends Crossings.

  Business response

  07/19/2023

  Hello,

  We regret that the amenities haven't been finished for ****************. However, the community is still a Declarant Community.  It is still in the Declarant period. During the Declarant period, the Developer/Declarant is in complete control of the installation of amenities, i.e., pools, amenity centers, hiking/biking ***********.  The property manager is the liaison with the *************** of Directors, however, Essex Association only manages the community. We pay the bills, hire vendors to clean, do landscaping, ******, etc.  We also make sure the community has insurance and that it gets paid, we collect assessments, handle delinquencies, work with the Board to create budgets, and many other duties.  However, the CC&Rs (governing documents) are written to give the Declarant complete control until the last Declarant Lot is sold. The Declarant/Builder is responsible for the timeline of when amenities are installed, including the pool. We have absolutely no control over them. We do have a line of communication to the Declarant/Developer and the homeowner, and that is why we report to homeowners in periodic meetings the status of those amenities, however, other than tell the Declarant/Developer that the homeowners would like to have them hurry up on the install, or that they were promised by a certain time. That can change, according to several different things that the Developer has to take into account, As soon as it is possible, the Developer will begin or complete the pool and Essex will facilitate the delivery of the pool keys to homeowners.

  I apologize that the customer/homeowner is upset that the pool/amenities aren't built yet, however, it is not something that Essex Association can control. 

  Kind Regards,

  Customer response

  07/19/2023

  I am rejecting this response because:   as a resident of ****************, I have been paying monthly dues for amenities that I have not had as of a year of my residence here. I expect a refund as some of those dues surely were intended to cover amenities that I have not had for my duration on living here.

• Initial Complaint

  05/01/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Essex Association Management is the *** management company for the ********************* community in **************, **. As a homeowner in the ********************* community my expectation is that Essex delivers on its responsibilities to protect and improve the property value of the community. Unfortunately, I have had 2 property issues that I reached out to Essex about and it has failed to provide a resolution which is why I am escalating the matter with this BBB complaint. I will only address the most recent issue due to BBB's word limitations for submission. On 4/25/23 it came to my attention that Essex approved a fence modification for my neighbor that would result in completely restricting my access to be able to go from my backyard to my front yard since one side of my home is already fenced off. I provided photographs of the area along with screenshots of the fence proposals. I asked Essex how it could approve a modification that: (1) encroaches on my property line and (2) not take into consideration how the modification would impact my ability to walk or even perform necessary maintenance tasks such as mowing the lawn which needs a minimum 22-inch clearance between homes. I also provided multiple articles that reference the industry recommendation of 2-3 feet clearance from a fence for a HVAC unit to work properly. These are all steps that should have been taken with a thorough review by the ***. I also take serious issue with Essex's consent form for modifications because it does not require the homeowner to include dimensions or drawings, hence me having to inform my neighbor he would be encroaching on my property line. As of today, 5/1/23, the fence is not yet constructed so Essex has the opportunity to amend its approval now that these facts, which they should have taken time to investigate and think through, have been raised. An issue like this is why Essex exists--a homeowner having full access to their land is central to property value.

  Business response

  05/01/2023

  *****,

  I wanted to answer right away to let you know that I will look into this matter with the *** Manager. Thank you for sending the pictures. I see the photo with the red lines drawn for the proposed location of the fence. Did you make that photo with the indications where the fence will be?  When the *** Committee approves a fence extension, they are responsible for checking the CC&Rs to see if the fence can go the the front facade of the home or if it has to have a setback of 5' from the front of the home. They are allowed to take the fence to the shared property line. They also check to make sure it is the proper type of fencing and stain. 

  I have never had a question about the homes being so close together that it would not leave enough maintenance room around the neighbors A/C unit.  I will need to call the City and speak to the *** Manager. In the meantime, I will ask the *** Committee if it is possible for them to reach out to the homeowner and ask them to hold off on the fence until we have an answer.  Because they received the signed neighbor consent from you, they may have it scheduled, but I will ask them to hold off on it.

  You have raised a very good question that I have not had in the 6 years I have been here.  I don't think I've ever had this complaint before as well.  It may be because of the space between the homes.  I will get back to you as soon as I have some answers for you.  

  Kindest Regards,

   

  ****

  Customer response

  05/02/2023

  I would appreciate the *** committee reaching out to my neighbor and requesting that the fence extension not move forward since this matter is not resolved.  I am attaching an additional photo of the opposite side of my home which is already fenced off and central to my argument of not doing the same on the other side with the fence extension since I will need at minimum a 22-inch-wide clearance for the reasons previously outlined.  I also think its important to note that another reason I take serious issue with Essexs consent form is in this specific case it was signed nearly a year ago on June 11, 2022.  Exterior modifications should not be considered for approval until all homes surrounding the properties involved are built (the home on my left side was not built until after June 11, 2022) and it should be required that the modification has to take place within a certain timeframe once approved. That way a homeowner is: (1) fully aware of what future limitations would or would not be before making a decision since all surrounding properties are built and (2) knows when to expect the modification.  This is on top of the recommendation I suggested in my original submission that the dimensions of the modification be required as part of the approval process. I should not have been able to provide you a screenshot of my neighbors proposal that included him encroaching on my property line by 2 feetthat alone is evidence that this approval process was not handled properly.  I hope Essex will confirm contact with my neighbor today about this fence modification not moving forward now that these facts, which Essex should have taken time to investigate and think through, have been raised.  

  Customer response

  05/02/2023

  I am rejecting this response because:   There are still steps that need to be taken before there is resolution.  So, I would appreciate the *** committee reaching out to my neighbor and requesting that the fence extension not move forward since this matter is not resolved.  I am attaching an additional photo of the opposite side of my home which is already fenced off and central to my argument of not doing the same on the other side with the fence extension since I will need at minimum a 22-inch-wide clearance for the reasons previously outlined.  I also think its important to note that another reason I take serious issue with Essexs consent form is in this specific case it was signed nearly a year ago on June 11, 2022.  Exterior modifications should not be considered for approval until all homes surrounding the properties involved are built (the home to my left was not completed until after June 11, 2022) and it should be required that the modification has to take place within a certain timeframe once approved. That way a homeowner is: (1) fully aware of what future limitations would or would not be before making a decision since all surrounding properties are built and (2) knows when to expect the modification.  This is on top of the recommendation I suggested in my original submission that the dimensions of the modification be required as part of the approval process. I should not have been able to provide you a screenshot of my neighbors proposal that included him encroaching on my property line by 2 feetthat alone is evidence that this approval process was not handled properly (and yes, my proposal was the one with red writing that shows my neighbor I own 60 inches of land from my foundation before my property line ends).  I hope Essex will confirm contact with my neighbor today about this fence modification not moving forward now that these facts, which they should have taken time to investigate and think through, have been raised.  

  Customer response

  06/12/2023

  Essex has never worked to resolve this matter after its initial response 1.5 months ago.  In the meantime, my neighbor proceeded with the fence construction which caused damaged to my HVAC unit which I've documented with the attached photos.  I have also included photos of the neighbor's fence which as previously mentioned now completely restricts my access from the backyard to the front yard.  Essex's failure to respond to my more than half a dozen email and phone messages is unprofessional and unacceptable since it has a responsibility to homeowners.  Its inaction has resulted in damage to my property, and it has resulted in the failure to protect and improve the property value of the community.  I have included photos of my neighbor's fence post-modification.  It's important to note that this fence does not match the approved fence stain color of the community nor the overall standard of construction of the community.  Essex has failed and needs to be held accountable.

• Initial Complaint

  11/24/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  ****************************** issues: The firepit around the pool is not working since 8/20/20. Issues with the AC and heating system in all areas of the Amenity center need repairing. There is a short in the Christmas lights around the amenity center. They flash on and off throughout the day. They should only come on at night and should not be flashing. Also several are not working anymore and need to be replaced. Piano is not working or out of tune. Dead trees throughout the neighborhood that need to be replaced. Pool lights in the pool and around the pool are not working. Both of the speakers over the covered patio are blown. Several of the pool speakers throughout the pool garden by the day beds are blown and sound distorted when playing music. The left door going out from the living room to the amenity center is again not closing. You can no longer control the televisions and music for the gym, front entrance way to the gym, and the bowling alley from the Ellan 8 app. The rooms no longer show up when the app is launched. We can no longer control the music or the television stations by the wall unit in the gym. The AC in the gym appears to not be working properly. Hot tub is not working still as of 8/27/22. The safety light of the left bowling alley is malfunctioning after ***** put the signs down to not step on the lanes. Les Mills cycling bike is broken noted on 9/26/22.. When turning off the fitness entry tv from the wall unit in the gym since you still haven't fixed the ******* app, the soundbar power does not turn off with it like it should. The sound from the left television in the gym is distorted and not as clear as the sound coming out of the middle and right television. Something is wrong with the configuration. The Fitness Floor Chandelier Lights works sometimes and sometimes they don't. Sometimes we have to workout in the dark.

  Business response

  03/13/2023

  Business Response /* (1000, 7, 2022/12/13) */ RE: Case # XXXXXXXX *****, ***** and ****** **** ** ****** ** ******* ** XXXXX *************@gmail.com We understand your concerns and are very sorry for any delays. The Association Manager has done all that that is within her purview to resolve maintenance requests that don't require approval from the ********* ******** ********** as they are in control of the HOA, and the budget, until the last lot is sold. That is when the ********* control period ends, and the Association will transition to a ********* ********* ********** The ***** Manager for **** has two options; either to turn over a maintenance request to the ***************** ******** ********* for approval and dispatch of a vendor, or, some issues the ***** has given the Essex Manager permission to call a vendor. The above referenced items 1 through 13 have been submitted by another homeowner repeatedly. The same items have been relayed to the ********* to request the work be scheduled as soon as possible. I spoke with the Manager for **** and was advised that the Association doesn't have enough funding at the moment to cover all of the maintenance issues (some of which have been repaired and broken again). The ********* ***** is approving maintenance issues based on priority. On items that the Manager is allowed to call a vendor for, she does so within 24 hours of the maintenance request being submitted. There are documents, emails, etc. attached to support this information. When an HOA is developed, the assessments are set by the ********* in the amount that it would take for the Association to support itself when all of the homes are sold. Until that time, the HOA usually suffers from a deficit, until all of the homes are sold, and the HOA is receiving assessments from everyone. During that development period, when there isn't sufficient income to support the Association, the ********* typically makes decisions regarding simple or non-essential repairs until there is a sufficient amount in the budget to cover them. The Essex Manager said that she is more than willing to answer any questions you have about the ********* term and budget constraints. She did say that she has had several email conversations with you, and you have always been very patient, kind, and helpful to her. I have reviewed the repair reports that have been received, and she reports them right away. If it is an item that she can call the vendor, she does so right away, if it is something that must be approved by the ********* ******** *********, she turns it over to them right away as well. Please feel free to email her and she will be happy to answer any questions. Regarding issues 1 through 13 All of these maintenance issues have been reported several times by another homeowner. The manager has reported them to the ********* ***** and the issues are being handled individually as the budget allows. Attachments: Vendor Report 8/2022 Consumer Complaints Heat/AC Amenity Center Pool Lights - Cont. Emails from ***** to Developer Outdoor Speakers Work Order 1. Heating in Amenity Center - ********* sent someone out last week, it has to remain locked to prevent high bills. 2. Christmas lights around trees flashing - This item will wait until the budget improves. This is an issue that is not safety related. 3. Piano - Not a safety issue, will be completed asap, after heating issue is resolved. 4. Dead Trees - landscaper has been notified and this issue is set to be resolved. There are certain planting times that must be followed. 5. Pool lights - have been reported and repaired, but some aren't working again. Manager checking 6. Speakers over covered patio and throughout pool garden Repaired/replaced 8/5/2022 (see attached email) 7. Amenity Center Door 8. ****** app not working properly - Soundbar not working properly Repaired 8/5/2022 (see attached email) 9. Air Conditioning in Amenity Center Gym - Repaired 10. Hot Tub - Checked by vendor, will require all new motor and parts. Will need to wait until next swimming season per *********, due to cost. 11. Safety light on bowling alley - Reported 12. Sound from left television not as clear as the right television - repaired 13. Fitness Floor Chandelier Lights not working - see attached vendor report 8/22 Thank you for your patience during this ********* Control Period of your Association. We will continue to work with the ***************** ******** *********, while working with the homeowners to do the best job possible for your Association. Sincerely, ****

• Initial Complaint

  11/23/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am a homeowner in ********** ***********************. Until higher occupancy, ******* (the builder) is responsible for maintain the amenity center. There are currently 24 open maintenance issues, the oldest dating back to 8/18/2020. Many neighbors, myself included, have been in contact with ******* and they have not taken action. Please advise.

  Business response

  03/14/2023

  Business Response /* (1000, 7, 2022/12/13) */ Re: Case # XXXXXXXX ******, ******* **** ** ****** ** ******* ** XXXXX This complaint was made on the ***************** ********* of **** ******* and their lack of response to the maintenance requests. I am not sure why the BBB Complaint was made on Essex Management/Manager. We understand your concerns and are very sorry for any delays. However, the Association Manager has done all that she can to have as many issued resolved as is within her purview. Due to the fact that the ***************** is in control of the HOA, and the budget, until the last lot is sold, the Essex Association Manager can only do what is approved by the ****************** When an HOA is developed, the assessments are set by the ********* in the amount that it would take for the Association to support itself when all of the homes are sold. Until that time, the HOA usually suffers from a deficit, until all of the homes are sold, and the HOA is receiving assessments from everyone. During that development period, when there isn't sufficient income to support the Association, the ********* typically makes decisions regarding simple or non-essential repairs until there is a sufficient amount in the budget to cover them. The Essex Manager said that she is more than willing to answer any questions you have about the ********* term and budget constraints. She did say that she has had several email conversations with you, and you have always been very patient, kind and helpful to her. I have reviewed the repair reports that have been received, and she reports them right away. If it is an item that she can call the vendor, she does so right away, if it is something that must be approved by the ********* ******************, she turns it over to them right away as well. Please feel free to email her (you have her email) and she will be happy to answer any questions. Attached are emails confirming that the Essex Manager has reported the items and followed up as required. Thank you for your ********, Sincerely, ****

• Initial Complaint

  10/13/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Essex is the management company of our new construction area in Dallas called SoHo Square. They manage our homeowners' association, and we pay them dues each year. Part of those dues go to maintaining our amenity center in proper conditions. Over the past three and a half years that I have lived here, they have been negligent in taking care of the center. Things have been broken for years without any plan to not repair. Fire pit has been broken for over two years, hot tub has been broken for months, landscaping is not maintained, lights out throughout the pool, cobwebs in the windows for years, gym mirrors not cleaned, A/C settings set very low and wasting all of the homeowner's money, A/C not working in other areas of the amenity center, sound system apps not working, broken speakers throughout the pool, and broken doors not repaired. Most notably, the broken door has recently allowed anyone into the amenity center without the use of the key fob because the doors are always open. This caused unauthorized access to the amenity center on 7/8/22 which led to a group of people vandalizing the whole place and causing thousands of dollars of damage. All of this could have been avoided if Essex would have fixed the broken doors when the problem was initially reported on 6/6/22. Now over four months after the vandalism has occurred, the door has still not been fixed. A complete list of all of the items that need to be fixed is included here: https://docs.google.com/spreadsheets/d/1znm5RQuYX88aIP-QlYZccngsNru9h2GLGM4AfcbcEL8/edit?fbclid=IwAR0p66pc5jksDBcvoc8I6sPhMjVXDT7H8QYD4_OtBa6js71D7hHSTJdW3Zc#gid=0. I have entered several maintenance requests for these tickets following the recommended process, but still nothing gets addressed. I ask for a timeline of when items should be replaced, and I either get no response or a cease and desist telling them to stop contacting them. My expectation for prompt resolution of this complaint is everything fixed by December.

  Business response

  02/10/2023

  Business Response /* (1000, 7, 2022/11/07) */ November 5, 2022 The response to this consumer's complaint is lengthy, due to the large number of emails, web submissions and complaints this homeowner has made. These complaints have been over the same items repeatedly. The Essex Manager has worked diligently and emailed repeatedly with the Declarant/Developer who is also the Board of Directors in control of the budget of the HOA at this stage of the community development. When a community is in development and not fully sold, there are often not enough assessments coming in to cover the budget needed to maintain the community. They are only just over 50% sold, so there is not 100% of the required budget coming in as of yet. In that case, the Developer/Declarant sometimes covers those costs, but according to the CC&Rs and State Regs, they are not required to do so. That is why, sometimes it is necessary to prioritize which items get repaired first. We are sorry that the homeowner/consumer has decided to submit a complaint to the BBB, when we believe that it will be evident in the attachments, that the Essex Manager has gone above and beyond to address every issue reported, repeatedly. It may be possible that the homeowner/consumer isn't aware that while the Declarant/Developer maintains control of the HOA during the development period, they are the Board of Directors, and they approve the budget and costs for repairs and many of the items he has reported and complained about have been turned in repeatedly by the Essex Manager. As you will see from emails from the VP of the Developer, some of the items complained about were an issue of back order, and parts not being available by the contracted vendor, not due to any lack of diligence by the Essex Manager or Declarant/Developer. Issues listed in complaint: 1. Fire Pit 2. Hot Tub 3. Landscaping 4. Pool Lights Out 5. Amenity Center windows not clean enough 6. A/C settings too low in some areas and too high in other areas of Amenity Center. 7. Sound System app not working and speakers around pool not working 8. MOST NOTABLY per homeowner, broken doors to the Amenity Center which open without a key fob leading to a vandalism of the Amenity Center. First let me say that out of 209 Web Submissions for the entire HOA regarding matters of concern by homeowners from 5/20/20 to 10/27/22, 204 of them were from the homeowner/consumer. (Please see attachment - SOHO Consumer Web Submissions). This does not include the enormous number of emails that he sent to the Essex Community Manager for SOHO Square, which were mirrors of the Web Submissions he sent. The Community has an Advisory Committee, appointed by the Board, to submit information to the Essex Manager, to be turned into the Declarant/Developer on all issues. To be prioritized according to the budget, which is decided by the Declarant Board, not Essex. Though this consumer is aware of this information, and registered on the HOA website, which he is, he receives the spreadsheet sent to the community with a status update of all of the repair issues that have been turned in. He is able to see exactly where each one is at in the process, without emailing and sending repeated web submissions to the manager, bogging down her email and causing her a tremendous amount of extra work. I would like to bring to attention item #8 above: (See Attached Zip File - Vids & Pics Consumer Violations & Door Repair) This homeowner sent emails complaining about the doors not locking, blaming Essex for not having them repaired. Essex Manager sent two different vendors over the course of months to repair the doors. Each time they could not make the doors reproduce the problem. The homeowner continued to harass the manager who had sent vendors, and, turned it in to the Developer. When we received a complaint from a neighboring community of loud music blaring and a party from the Amenity Center. The video showed this homeowner/consumer in the Amenity Center after closing with a group of his friends, with the door propped open, vaping & drinking alcohol until after 3 am, all a violation of the CC&Rs of the HOA. The manager sent a vendor back out to check if propping the doors open would cause the doors to malfunction and not lock. It indeed did cause the doors to malfunction. So, the homeowner/consumer himself has actually contributed to the problem with the door not locking. The above reference attachment shows the video of the door vendor and the party. Attached is a violation & Fine the consumer received for violating the CC&Rs. However, in an effort to please the homeowner, the fine was rescinded. Again, there is video evidence of the violation. As for issues #1-7, due to word count restriction, I will not go over each one individually. There are emails attached to and from the Essex Manager to the developer and to the homeowner/consumer in a timely manner. After repeated harassment, and multiple web submissions being sent 2 minutes apart, up to 10 at a time, then emails sent the same way to the Manager minutes apart, see attached, the Manager received permission from the Developer/Board of Directors to email the homeowner/consumer and advise him to cease overcommunicating. (Attachment 5.22.22 Cease Overcommunicating) That she is aware of all of the matters that he has turned in, and they are being addressed as they have been prioritized by budget, labor, time and material. She was then allowed to send his repeated emails to a separate folder to keep them from slowing down her email and preventing her from handling other emails, some of which could be emergencies. This did not stop him..... The consumer/homeowner sent her an email a few minutes after receiving that notification, he has in fact continued to email her to present. She sent the Cease Communicating 5/2/22 at 4:59 pm and he sent an email right back 5/2/22 at 5:28 pm (Attachment Cease _Email_No_Update) This Essex Manager has done everything possible to please this homeowner/consumer. There is nothing more she can do. The Declarant/Developer is very pleased with her management of the community, as well as Essex Association Management. We stand by her professional handling of this HOA. She was always polite and took this homeowner's correspondence seriously and reported the issue, repeatedly, as you will see in the attached emails, to the Developer, in an effort to rectify the problems. The Essex Manager is happy to take the homeowner/consumer's emails and web submissions, however we respectfully ask that it be one web submission (without repeated email), with all issues listed on one web submission, rather than a separate one for each item reported. If there is an emergency, there is a developer representative onsite during the day. If it is after hours, please call the after hours number, however, please be sure that it is an emergency. The HOA is billed for all after hours calls, which comes out of the budget. Kind Regards, **** ********* Essex Association Management Marketing & Media Manager, Ombudsman Committee Consumer Response /* (3000, 9, 2022/11/08) */ (The consumer indicated he/she DID NOT accept the response from the business.) This is not an acceptable response. As you see, this response does not give an update on when any of the items that have not been fixed for months/years will be resolved. All of the items they listed on their response are still unresolved. My ask in filing this compliant was that a plan be put in place with dates to fix all of the unresolved items in the amenity center, which was not provided in the text response or any of the dated attachments. I would lump my web submissions together, but a) things break on different days and I want to let Essex know as soon as possible and b) the character limit on the web form does not give enough space to do that. If Essex would provide prompt updates on when items would be resolved, then I would not have to ask for updates. I do not send e-mails which are mirrors of the web submission; they are responses asking for an update to when Essex is going to resolve the issue I originally reported in my web submission. The spreadsheet listing status of all of the issues is no longer sent out every other week. We have not received an updated spreadsheet since 4/13/22. Even when we do receive the spreadsheet, it is missing numerous items from it that are broken, nor does it actually provide an estimated resolution date on when these items will be resolved. I e-mail them back indicting they need to add certain items, and I never receive a response. The fact that now Essex admits to creating a separate folder for my e-mails to virtually ignore me as a paying homeowner of the HOA is not acceptable. They cannot ignore my maintenance requests when I am an abiding HOA member. The door has been broken again since 6/6/22. In the video that has been provided, the technician indicated that you have to press the inside part of the door to get it to close. None of the other doors work that way, and this should not be the case. You should not need to follow two steps to close a door. It needs to be fixed correctly. The fine for the event was rescinded because I got blamed for damage that was not caused by me. I was able to prove that to Essex through attached e-mail messages. Because Essex is clearly annoyed with me trying to keep them accountable on all of the issues they are not resolving, they are now blaming this on me. Furthermore, if you note the dates of the violation, this was well before the vandalism that occurred on 7/8/22, which I was no way involved in. The broken door which still has yet to be fixed caused the ability for this break-in and vandalism to happen. The neighbors and the rest of the advisory board that is mentioned in the response are not the least bit stratified with Essex's handling of this community. Their lack of communication and handling of maintenance items has been infuriating for the rest of the community. The advisory board has asked for a meeting to go over all of the unresolved items, and we have yet to receive a response. So many items are broken in the amenity center that we are not getting our money's worth. Other neighbors have or will be submitting additional BBB complaints against Essex's handling of this community. We need to work together for an acceptable plan to resolve all of the maintenance items. Business Response /* (4000, 11, 2022/11/19) */ The process of developing an HOA is that it starts as a Declarant controlled community (the Declarant aka the developer, who sells lots, and develop it into a fully complete community) has complete control until the last lot is sold. Then it transitions to a homeowner elected Board of Directors, and they become the governing voice for the community. SOHO Square is still Declarant controlled and the governing documents are very clear that the Declarant has control over all decisions until the last lot is sold. Also that the Declarant is in control of the budget and can hire a managing agent to assist them in the day to day care of the Association, however, the Declarant still retains control of all decisions regarding the budget and must approve the budget and all spending. In the beginning the Declarant Board sets the amount of the assessments for an amount that.... when all of the lots are sold.... will bring in a sufficient amount of revenue to maintain the community on its own. Until all the lots are sold and that amount of assessments are being generated, there is a deficit in the yearly budget, which means that things will be done according to priority. This community is not fully sold and not generating all of the income that it will when it transitions and is able to fully maintain itself. At this time, the declarant has the option to add a special assessment to the homeowners (in the CC&Rs) or modify the spending to try to bring the budget within what is being generated. Otherwise the Association falls short of what is necessary to maintain the community throughout the year. Most homeowners prefer not to have to pay more in assessments at this time, when the economy is not doing so well, and the Declarant Board and Essex do all that they can to prioritize the budget to keep from having to assess an additional amount to the homeowners. This consumer called into the after hours emergency line last weekend, to complain of the amenity center being too cold. It was after closing hours that he was complaining. He has already received one violation for being in the amenity center after hours. The amenity center being cold was not an emergency. This is the type of thing that he has been doing, repeatedly. That being said, the items that the consumer has mentioned, have all been turned in to be repaired, and as the managing agent, we are waiting on several factors. 1. The Declarant decides what is repaired and when according to the budget. 2. There are some parts that as shown in previous emails, are not available, they are on back order and there are many communities waiting on the same parts. 3. According to safety and priority, the items will be repaired as either parts or money is available. The DCC&Rs clearly give the declarant/developer full control until the declarant period is over. Though we would love to be able to just send someone out to repair/fix every problem, no matter how small that the consumer has turned in, it does not work that way, as the CC&Rs state. PLEASE NOTE::::::::::::::::::::: According to the governing documents of the HOA, (please see attached section of the DCC&Rs Declaration of Covenants, Conditions, and Restrictions Exhibit C Section C.4.) While the Association is under Declarant control, the Declarant is under no contractual or other obligation to provide amenities of any kind or type. However, this Declarant and Essex Association are going above and beyond to handle all of the complaints of the consumer, and they are working together to answer every item that has been turned in and they are all on the repair list according to priority. Given the CC&Rs and Declarant Control, Also with the previous proof of emails that each and every item has been turned in as soon as it was reported by Essex Association Management, there is nothing more that we can do to try to assuage this consumers frustration. We are not able to give him exact dates for the repair of each item, as the Essex manager is still waiting on information or dates as well. Some of which are determined by when the vendor is available (some are specialized) and/or when parts are available, or when the money is available in the budget for the repairs. All of the numerous items he has complained about will be repaired. They are done in order of priority. Anything that has to do with safety will be handled expeditiously, and then the list will be addressed. Cobwebs in the amenity center window sills and the windows not being clean enough is not a pressing matter compared to a door that has been broken yet again by the homeowners. This consumer is the only homeowner who is demanding to know a date and time for every item he has turned in (more than once), will be done. The manager is working with the developer to remedy all items on the list as quickly as possible, taking into consideration budget constraints and priority. That is the best time frame that can be given at this moment. There are luxury amenities in this community, and it is very expensive to maintain them. Many times, these luxury amenities have to have special vendors that the developer must send out. The most that Essex can do is to report it and then follow up to make sure it has as high a priority as possible. Which, previous emails showed the Essex manager did contact the vendors and the declarant often and followed up per protocol. She has done everything that was within her ability. Once again, and in conclusion, The DCC&Rs clearly give the declarant/developer full control until the declarant period is over. Though we would love to be able to just send someone out to repair/fix every problem, no matter how small that the consumer has turned in, it is a process, and will take place according to that process that has been explained. Consumer Response /* (4200, 13, 2022/11/21) */ (The consumer indicated he/she DID NOT accept the response from the business.) Once again, Essex is blaming me for false claims and items I never did rather than addressing the issues on hand. I was not in the amenity center after hours last Tuesday when I called the emergency line to issue a report of no heat in the amenity center. The amenity center closes at midnight, and I called in at 9:41 p.m., which was well within the timeframe that the amenity center is open. See phone log that I have attached to this correspondence. Furthermore, I absolutely believe that a complete loss of heat in the amenity center when it is in the 40s outside is an emergency. It was 59 degrees in the amenity center last Tuesday. If Essex would stop spending their energy blaming other homeowners for items that did not cause and instead spend that time on resolving items, then there would be a lot more satisfied homeowners. Essex states that maintenance items are being worked in the order of priority and safety. That is not the case; no maintenance items have been worked for months. Essex states that other homeowners are not dissatisfied with all of the unresolved items; that is not the case. We have had many internal homeowner meetings where we have requested Essex's presence to give an update, and they have ignored all of those requests. The door that does not close correctly has been unresolved since 6/6/22 continuing to leave our amenity center open to anyone on the street for continued vandalism occurrences. The tree branches are growing over the roof is another safety item because they could fall on the roof during a storm. This has been unresolved since 5/5/22. The Christmas lights in the trees have been sparking, short circuiting and flashing on and off since 2/19/22, almost a year ago, causing a fire hazard. The hot tub, a major item, has not been working since 8/27/22, with no announcement on when this will be resolved. Once again, I expect an action plan with dates on when all of the unresolved maintenance items on the list will be resolved. Things should not go unresolved for six plus months. If the declarant is responsible for fixing some of these items, then they need to be involved in creating this action plan. Furthermore, the advisory board requested a meeting with Essex several months ago to go over all of our frustrations. Essex has not responded to our request of a meeting, so we would like this to be part of the resolution to this complaint as well.

• Initial Complaint

  08/24/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We currently live in a community that has an active home owners association where dues are to be paid annually. In return for the dues being paid the HOA has a responsibility to enforce the conveniences that have been set in the governing laws. Per Essex's emails to me directly and their published governing rules, "an external modification cannot be seen above the fence line. Additionally, no above-ground swimming pools shall be erected, constructed or installed on any lot. That is according to Section 6.21.11 of the governing documents." (Per email from Essex to myself dated 1/20/22) The issue with our direct neighbor (3143 Maverick Drive, Heath TX XXXXX) of whom has an above ground swimming pool, as well as a deck that sits at the top of the fence level. Therefore, allowing ZERO privacy to all adjoining neighbors in their yards and in their homes. (Pictures will be added to this complaint for reference). This issue has been brought to the attention of Essex beginning on August 12, 2021. Pictures were provided to Essex per their request on September 23, 2021. However, over a year later both of these structures are still standing and continuing to cause undue stress unto adjoining neighbors. I have attempted to follow up with Essex on multiple dates, still to receive zero response and/or see any change regarding the issue. I have documented every date that i've contacted Essex along with the method of contact. I have since spoke with an attorney in regard to the HOA not enforcing their own rules/laws because this is now causing additional issues with the selling of our house as it clearly lowers the likelihood of us selling our house (which we have to do soon) for what it is worth due to the fact that there is a deck that sits at fence level right next door allowing for ZERO privacy in the backyard and limited privacy in our home, as you can see in every window when standing on the deck that sits at fence level surrounding the above ground pool. Photos attached.

  Business response

  11/02/2022

  Business Response /* (1000, 5, 2022/09/08) */ Contact Name and Title: Lori Dalrymple Contact Phone: 9724282030 Contact Email: lori@essexhoa.com First, I am on the Ombudsman Committee with Essex, newly developed, for just this reason, and I would like to apologize that you have had difficulties getting a call back regarding this situation that has been so stressful for you. I would love to speak with you directly, if you would like to discuss this matter further. We are bound by State Regulation, inasmuch that we can't divulge what is in another homeowner's case/account with anyone else in the HOA, with the exception of the Board of Directors. The Governing Documents (CC&Rs aka Covenants, Conditions & Restrictions) are legally recorded documents that it is true, we are responsible for enforcing. Just as the homeowners are responsible for following the rules/guidelines in those CC&Rs. However, many homeowners in the community don't take their responsibility seriously, and many don't even realize that they are bound by the Deed Restrictions of their Properties that require them to abide by the governing documents. We are required to send violation letters, and after a homeowner fails to cure the violation, then we are allowed to move to fining them. We are not however, allowed to enter their property and "remove" anything, that would be trespassing. We are allowed, after all of the proper processes have been exhausted (violations and fines), to send a vendor onto a lot for some limited Self-Help items, i.e., to mow, weed eat, and remove trash/junk from a yard that is visible from the street. I can't divulge information about a homeowner to anyone, therefore, I can't say where we are in the process with our attempts to get the homeowner to remove the above ground pool and deck. I can say we've exhausted the process once, when the consumer first reported turned them in to Essex in August of 2021. We have now begun the process again. I do have a few ideas that may be possible in the near future, and I would be willing to discuss them with you, if you are interested in speaking with me. Please feel free to email me at lori@essexhoa.com and let me know, and I will be happy to call you. Also, in the future, if you are having difficulty getting a return call, please email me, and I will help you, or put you in touch with the person who can help you. I am looking forward to speaking with you.

• Initial Complaint

  06/22/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  This management company continues to charge me late fees, when they have not provided a schedule for when my quarterly HOA dues are to be paid. Thus far, they have charged for $80.00 in late fees for a payment that I was not made aware was due in April. Since then, I have paid the quarterly dues but am requesting that the $80.00 in late fees be removed from my account, since they only just sent me an electronic copy of a coupon book they supposedly sent me in December 2021 (I closed on my home September 2021). They are unprofessional and it is impossible to talk to someone without leaving numerous messages and sending several emails and web submissions. They hide behind "the board of directors" to waive the late fees - when it was their fault that residents are not aware of when assessments are due!

  Business response

  08/31/2022

  Business Response /* (1000, 10, 2022/07/19) */ ***Document Attached*** Thank you for your patience while we researched the complaint and spoke to the accounting team members who have worked with the consumer. This complaint is regarding late fees in association with the Assessments (dues) of a Homeowners Association in which the consumer/homeowner has purchased a home. The pertinent portion of the Governing Documents (Rules & Regs) that have been shown below will be uploaded. Essex Association is the Managing Agent for the HOA. The CC&Rs of the Association in which the consumer lives, are a legally recorded document, and each lot purchased by a homeowner is "deed restricted", which means that they are legally required to abide by the rules and regulations set forth in the CC&Rs. This is explained to them by the Title Company when they close on their home, and they are given a copy of the document (usually on a USB). Essex also puts a copy of this documents on the HOA website under "Homeowner Documents". Essex does send out invoices for all Associations. However, since the pandemic, we have noticed the mail service isn't as reliable. Essex is not responsible for mail that isn't delivered. When the owner reached out to say they hadn't received their statement, they were sent a digital copy as a courtesy. The consumer stated in the complaint "Thus far, they have charged for $80.00 in late fees for a payment that I was not made aware was due in April. Since then, I have paid the quarterly dues but am requesting that the $80.00 in late fees be removed from my account, since they only just sent me an electronic copy of a coupon book they supposedly sent me in December 2021" In reviewing the account, I see where the consumer has spoken to 3 members of our accounting team and has been sent the Fee Waiver Form twice (A fee waiver is a form that we ask the homeowner to complete & sign, then we send to the Board of Directors of their HOA to request approval to waive the late fees). They have not returned any fee waiver form to us yet. The consumer said that Essex is responsible for the late fees because they (homeowner/consumer) didn't receive a statement/invoice. Please see the section of the CC&Rs below regarding invoices/statements Per the (governing documents) of their Association: CC&Rs EXHIBIT C - Invoices - The association may, but shall not be required to, invoice a property owner as a condition to an owner's obligation to pay assessment or other charges of the Association. As a matter of course, assessments are invoiced by statements. Non-receipt of an invoice (statement) shall in no way relieve the property owner of the obligation to pay the amount due by the due date. The consumer also stated in their complaint "They (Essex) hide behind "the board of directors" to waive the late fees - when it was their fault that residents are not aware of when assessments are due!" as stated above, we do mail out statements, however, non-receipt of statements shall in no way relieve the property owner of the obligation to pay the amount by the due date. (see above) We do not hide behind the Board of Directors, the Board has the power, per the CC&Rs to waive late fees. We are required to abide by the governing documents as well as the homeowners are required to abide by them. See below: Late Charges. In the event any assessment., or any portion thereof, is not paid in full by the Delinquency Date, late charges in an amount up to $25.00 shall be assessed against the Owner's account each month and every month until the assessment is paid in full. Such late charge, as and when levied, is secured by the Assessment Lien described in the Declaration and will be subject to recovery in the manner provided herein for assessments. The Board may, in its sole discretion, waive the collection of any late. charge: provided, however, that the waiver of any late charge shall not constitute a waiver of the Board's right to collect any or late charges or any other charges in the future. Referral of Delinquent Accounts to Attorneys Remedies and Legal Actions. If an Owner fails to cure the delinquency within the thirty (30) day period stated in the Delinquency Notice, the Association may, at its discretion and when it chooses, refer the delinquency to legal counsel for the Association. Any attorney's fees and related charges incurred by virtue of legal action taken will become part of the Owner's assessment obligation and may be collected as such as provided herein. If the consumer/homeowner will send back the completed fee waiver we will be happy to forward it to the Board to ask for the late fees to be waived. We would like to find resolution for the homeowner and hope the understand that we do not make the rules, we are required to follow them (CC&Rs) just as they are. We would like to work together to make it easier for the owner and the community. If you have questions, please email lori@essexhoa.com. Thank you

*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. ↩