ComplaintsforFlood Homes

• Initial Complaint

  06/01/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I own the mobile home. A water main broke under my home. They said they would fix it. They ended up trenching the land on both sides of my home leaving uneven ground, holes, huge rocks, no replacement of the grass, they left almost an inch of ***** ground on my back cement (which I already slipped and hurt my ankle in the past). It has been OVER 6 months. The maintenance department knows but refuses to fix the situation. The ground is often uneven and dangerous to walk on. It is unattractive and I could not sell my mobile home right now because of the quality of the land. When I mow areas on the edge of the dirt mounds it throws pebbles/ rocks through my skirting destroying the value of my home. It also throws up TONS of dust and covers both my yard, my vehicles and my neighbor's properties with a layer of dirt. Meanwhile the company is happy writing up every minor infraction that myself or any of my neighbors might do, all the while they leave my yard an eyesore. Flood also start projects like dropping off a mobile home and leave the project half done, but complain that some minor thing makes the park look "bad".My property is DANGEROUS to walk on. I could not park my motorcycle in my shed during the winter due to the uneven mud and rocks that I would have had to ride it or walk it through. They ignored finishing the project all fall and spring. We are moving into Summer and they appear to have no intention to repair the property. I can't invite friends over for a BBQ. I can't walk on the property safely. I also can't sell my house because the land it is on has drastically affected the chance of it selling. It is harder to maintain as much of my maintenance has to be done by weed whacker as it is harmful to do it by riding lawn mower.Flood Homes, *** does not act in accordance to their fiduciary duties. Once you sign the contract and even though you pay your rent early, they do not maintain their land to be a safe and attractive rental.

  Business response

  06/12/2023

  June 8, 2023
  
  Mr. ***** ***********************
  ***********************************
  **********, ** 53035
  
  RE: Water Main Break Damage and Repairs
  
  Dear ******************,
  I am in receipt of your letters dated May 4, 2023, and June 2, 2023, via registered mail. While
  Ive called and left several messages for you hoping to discuss this matter, per your June 2, 2023,
  letter you are no longer accepting our phone calls and will only respond to written form.
  You reported to ** on September 17, 2022, around 7:00 p.m. that there was a water main break
  on the property at ******************************************************************************* (further referred to as The
  Property). Our service department responded by repairing the break from September 18-20,
  2022. Once repaired, the affected areas were filled in with dirt and leveled, always with the
  knowledge that this would be leveled again and landscaped the Summer of 2023.
  Your May 4, 2023, letter addresses several issues that relate to the water main break and the
  condition of ************; most notably that weve made no attempt to repair ************
  (leveling the ground, filling in low spots, removing large rocks and replanting grass) making
  access and availability to ************ limited; that you have no access to your shed; and there
  were large branches left behind.
  First, let me address the condition of ************. We are all in agreement that there was a
  water main break that occurred on ************ that required immediate attention. Our service
  department dug into the ground in various areas around ************ to repair the water break.
  We also acknowledge the soil that was removed and replaced needs to settle before we finish
  landscaping. It was always the intent and is still our intent to repair ************ to our
  standards, including but not limited to: re-leveling the ground, removing larger stones, replanting
  the **********., after the winter/spring season. Our landscaping projects tend to start after June 1 st
  each year. We agree that the use of ************ is limited, but to say it is dangerous is untrue.
  
  You next focus on your inability to access your shed, by shifting sand and dirt that has not
  been cleaned off my back sidewalk. I walked ************ on May 16, 2023, looking closely
  for these obstructions; while there was indeed debris on the back concrete slab, in no way was
  your shed inaccessible. In fact, I compared a picture taken on September 13, 2021 to one of the
  pictures I took on May 16, 2023, and it could be said the area looks virtually the same. It could
  be further argued, the debris piled against your home was never disposed of when you removed
  the bench that was there. Im unclear as to how the debris on the back concrete slab and the
  visible, uneven dirt area prevented you from putting your motorcycle, snowblower or other
  various items in your shed; the area to the left of the uneven dirt area was untouched by our
  equipment and is the same as it was prior to the water main break, and has very easy access to
  the shed.
  Third, you mention the branches on ************. As you state in your May 4, 2023, letter, you
  made a verbal agreement for the removal of certain branches over a certain size with one of our
  service technicians. Due to the nature of verbal agreements, I do not, nor does our office have
  record of this conversation. I do not know what branches you are referring to in your letter.
  There is a pile of large logs behind your home, is this what you are referring to? If you would
  like these logs removed, please contact **** in our service department, *******************, and
  she can make the necessary arrangements in concurrence with repairs to ************.
  Lastly, Ill address your Conditional Acceptance and Novation to Agreement for claimed
  damages. A Conditional Acceptance occurs when a person to whom an offer has been made
  tells the offeror that he or she is willing to agree to the offer provided that some changes are
  made in its terms or that some condition or event occurs. This type of acceptance operates as a
  counteroffer. A counteroffer must be accepted by the original offeror before a contract (in this
  case your Rental Agreement) can be established between the parties. A Novation to
  Agreement is an additional agreement, or addendum, between parties in an existing contract,
  agreed upon and signed by all parties. My receiving and opening a letter from you (neither the
  manner in which it was sent nor that your signature was notarized) is NOT an agreement with
  you nor do those actions or inactions create a legally binding contract between **. As of June 8,
  2023, the only signed, legally binding contract between Ashwood Communities, LLC (Flood
  Homes, ***** and ***** *********************** is the current Rental Agreement (including the Lease
  Signing Addendum Form and the Nonstandard Rental Provision) for the term of January 1, 2023
  to December 31, 2023, signed by you on December 24, 2022 and **** Flood (Landlord) on
  January 3, 2023; there are no additional signed addendums, Conditional Acceptance or
  Novation agreements between **. Therefore, there is no rightful claim for damages or our
  need, as your June 2, 2023, letter states, a Notice of Default and Opportunity to Cure.
  Additionally, the Rental Agreement states in Provision 15 (Non-Liability of Landlord): the
  Landlord, except for its negligent acts or omissions, shall not be liable for injury, loss, or damage
  
  which Tenant may sustain from the following: (a) theft, burglary, or other criminal acts
  committed by a third party in or about the Premises, (b) delay or interruption in any service from
  any cause, (c) fire, water, rain, frost, snow, gas, odors, or fumes from any source, (d) injury or
  damages caused by bursting or leaking pipes or back-up of sewer drains and pipes, (e)
  disrepair or malfunction of the Premises, appliances, and/or equipment unless Landlord
  was provided with prior written notice of the problem by ******. Tenant holds Landlord
  harmless from any claims or damages resulting from the acts or omissions of the Tenant,
  Tenants occupants, Tenants guests or invitees. Our not repairing ************ on your timeline
  is not a negligent act or an omission on our part.
  As of today, June 8, 2023, the landscaping crew is scheduled to begin repairing ************ on
  Monday, June 12, 2023. The work should be complete within two days. However, the crew may
  finish grading the land and then come back to hydroseed it a few days later. As always,
  landscaping is subject to weather conditions. Once the lawn is seeded it may take a few months
  for the grass to grow, again this is contingent on the weather.
  Im hoping this letter answers the concerns youve indicated and resolves this matter. Ive
  enclosed your current lease as well as the pictures I took on May 16, 2023, for your review.
  Please contact me if you have further questions or concerns.
  Sincerely,
  
  ******************
  Paralegal, Flood Homes, Inc.
  Encl.

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