ComplaintsforJ C Higgins & Associates

• Initial Complaint

  03/28/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  February 2023 I received a letter that allegedly said I violation the ccr's in my development. I responded via email and requested review as the allegations were incorrect. The first one stated 9.2 was holiday lights needed to be removed. I read 9.2 in its entirely and there was no mention of holiday lights a violation so I requested clarification. The second one was of ccr's saying cannot work or have rv in driveway. I referenced that in the ccr's, ****, that can be if screen behind fence and that said screen was approved by the board, in which it was by board member ***************************. Said item has been in same location with approved cover for over 6 years and now 6 years later trys to fine me. I received an email response that my email was received but they refuse to respond. 30 days later, I received fines from jc higgins with no explanation on why my email, although I have verification, did not rectified the allegations, since both of them are false.Board members property violate ccr's and never corrected. Last year I received a letter stating my garbage can was visible from road, so I moved it. Today I witnessed approximately 8 homes, with photo proof, that they are not held to the same standards. These have been there for over a year so clearly held to different rules.I have sent multiple email and several phone calls with no response until I mention legal action. I have documentation for all my allegations and photos to back them up.

  Business response

  03/29/2023

  We enforce the CC&R's of the Association and any variances to the rules, if any, are made by the Board. Approval for installing the lights - holiday or otherwise, although not specifically forbidden per se in the CC&R's, should have been requested by the homeowner before installation as it was a change to the property exterior and that requires prior ACC approval. It was determined that the section used to enforce this violation was in regard to maintaining the lot to a certain standard (9.2) which leaving lights up year round were determined to be a violation of. As for the ** parking, the CC&R's do allow for this should the vehicle be properly "screened" from view in accordance with the CC&R's. The vehicle is not "screened" from view but covered by a cover. JCHiggins is awaiting the Board's decision on this issue. There was a delay in getting a response to the homeowner as her concerns with the violations were sent to a email address which had unknown technical issues. There was no negligence or refusal to respond whatsoever, it was just a delay due to a technical issue. Currently, we are awaiting the Board's decision on the violations/variances to the rules. JCHiggins, as the managing agent, can't decide that themselves so we have to wait for official direction from the Board. As for other properties alleged violations: we do not discuss other members' accounts with the general membership. Furthermore, just because there seem to be violations that doesn't mean nothing has been done about them. There is no favoritism and all members are treated fairly and equally.

  Customer response

  04/02/2023

   
  Complaint: 19865869
  
  I am rejecting this response because:

  I responded to ***************** personally and appealed the violation. They received my email and failed to respond and moved forward with the violation although I appealed it. They did not present to the *** for approval and they cannot change the verbiage in the ***'s to fit the dialogue they want.

  I have read the Bi-laws and 9.2 is very clear and states that if not remined, they may enter and correct building and landscape- IT does not say anything to the fact of not allowing holiday lights. It also states they can charge you for said services, it does NOT say they can charge me $10 a day.

  They only provided the first part of the *** and left out the second half where it states can be stored behind building line and screened... The definition of screen is to conceal, protect or shelter, which is what i had and what was approved by the *** in 2019.

  Again- the fine they state as class 1 and Class 2 are not to be found in the ***'s. I have read the 43 pages of the ***'s. 

  I also have proof in photos that are dated that they do not hold every home owner to the same rules. 

  3/22 i was in violation because my garbage can was in view. I took photographs then of approx 8 homes with trash cans in front of their garages. I also have photos dated last week of the same homes with garbage cans remaining in same place. At $10 a day, those fines on one home would exceed over $3650 and did not see near that amount in the budget of 2023 of fee collected. 

  8/17/22- I received another violations after the heat wave we had and killed all my flowers in the flower bed and is a class 2 violation with daily fine of $20 a day. A board member yard has been in shambles for the last 2-3 years and is never corrected. Again, i photo proof of that week and also many other periods in time where they do not meet the standard as their tree covers the street sign and weeds are covering flower beds. 

  Also, stating 11.6.1 which is not correct.11.6.1 says single family residence so they clearly showing negligence.

  **************** law states that An *** cannot force a owner to water in a period of drought, in which we were at the time of the violation was given.

  My rights as a home owner have been violated and i have been retaliated against. Other neighbors leave trash to blow around into my yard on a daily basis and when I complain, I get retaliated against. 

   

  I have included the *** for review. 

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

• Initial Complaint

  07/27/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  This is the worst property service ever. They do not return phone calls or emails. New locking mailboxes were put in and when we tried to pickup our key on July 21st, we were told they had everyone else's mailbox key but ours. It has been 6 days with no access to our mail and no response to our emails or voicemails. My other concern is that if they do not have the key, who does? These mailboxes were installed without any communication or consent from us. We got a letter after they poured the concrete for them. If there was a vote taken or a discussion about them, we were not included. Don't get me wrong, I think they are a great idea, just handled wrong. We could have maybe stopped our mail or had it held at the post office if a exact date had been provided (or we were included in the process). I would like access to our mail please.

  Business response

  07/28/2022

  What an unfortunate and vitriolic complaint. We are a wonderful company and don't deserve this complaint whatsoever. Here's why: Firstly, we were just doing our jobs and we don't need permission from the general membership to replace mailboxes when necessary and directed by the Board. ********* asked us to replace the boxes. (Often the *********** demands we change them when damaged.) ********* can make these types of decisions and have us carry them out without membership vote because if a vote was needed for every little thing like this nothing would ever get done. ********* wanted them replaced so they got replaced - again that was just us doing our job. What happened in this instance with the key disbursement was the Board President was, unbeknownst to us at the time, personally delivering the keys - out of kindness - to the members affected by the replacement boxes. He's nice like that and was just trying to help. When he tried to give them to the complainant they failed to answer their door. The complainant now knows we have the keys at our office since the Board President dropped them off to us today and my Manager told the complainant they are here. Yet, here I am replying to another terrible complaint by this person which brings me to... Secondly, the complainant goes online to a couple of very important reputation sites to unfairly disparage my company without knowing the facts or how the Association works. That's not ok. I get they are upset but we don't deserve this type of attack on our hard earned reputation of providing value and management excellence because they are angry yet ignorant of the facts of the situation. We do what the Board directs and they represent the entire community - complainant included. For the complainant's future reference: the Board generally doesn't need membership permission for things like regular common area maintenance and repair. Finally, if the complainant doesn't like how their Association is being managed they should become involved with the Association and volunteer! There is no better way to learn how all of this works (they'd be shocked at how hard the Board works for the community and the mistreatment we have to tolerate on a regular basis) than to be actively involved. We've been doing this for over 40 years for good reason. We are very good at what we do and we manage with care and price value unmatched in the industry. It is unfortunate that some folks don't do their due diligence to even ensure they have the facts correct when posting reviews/ complaints and go on line to vent their issues in an accusatory manner. In this case the complainant is just wrong - it's that simple. Sorry, I'm not going to sugar coat this because we almost terminated this Association recently due to another member being so out of control and nasty that it became harassing to my company and it's employees. I won't allow this nonsense and the Board agrees. Due to the legal nature of what we do and the possible serious consequences which can stem from members failing to pay dues or follow the CC&R's (fines, liens, foreclosure) we can't just agree with angry customers and say they are right when they aren't.   

• Initial Complaint

  02/08/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  this issue has been going on for a couple years now I have been charged for *************** that I have already paid for and theyre charging me interest it is an automatic withdrawal from my account that they recommended to use this company.I get an email and confirmation when the *************** are paid and this HOA company is claiming I have not paid any of the dues even though I have showed multiple emails with confirmation numbers and bank statements. I am unable to get a hold of this company to resolve this issue with multiple phone calls and emails.

  Business response

  02/14/2022

  We took over the ********** of ****** **** (aka *********************) in January of 2021 and the complainant's account came to us owing a balance of $63.43 which has never been paid so it keeps being brought forward and hence the fees and interest. Actually, as I look at this we could have charged many more fees/interest and only started to charge fees/interest in August of 2021. We have not turned this account to any collection agency. According to the complainant's current ledger they only owe a total of $75.46 which includes the $63.43 we started with when we took over and the late fees and interest ($12.03). The complainant is free to visit in person so we can show the account and payment history. I can also send it via email as I have no idea how to attach anything through this portal. We don't want the complainant unhappy but since the account came to us with the balance owing we had to start from what we were given by the previous manager or Board. We are happy to discuss this with the complainant and get this resolved.

  Customer response

  02/22/2022

   
  Complaint: 16744352
  
  I am rejecting this response because:
  I have proof that I have been trying to get this resolved and never received a response or help from this company. To this day they are still claiming im not paying on time even though its a automatic withdrawal and I have bank statements and emails to prove I have always paid on time. Even Before Toppings took over.
  Sincerely,
  
  *************************

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