|
Management
|
My experience with the Mandevilla Condominium Association was that in 2009 they were required to re-register with the Secretary of State because of the change in property management. On February 16, 2011, the Mandevilla Condominium Association was suspended by the Secretary of State for the continuing lack of registration. On July 18, 2011, the violation was brought to the attention of the Board and the Mandevilla Condominium Association Board's attorney by a letter written by a concerned member of the community. On July 21, 2011, three days later, Mandevilla was revived. The Board never responded to the member's letter. Instead, DML responded.
***********************************************************************************************************
This affected me and the community because during the period of suspension, DML apparently knew of the suspension and/or lack of registration. Yet, the Mandevilla Condominium Association continued to do business as usual including filing documents with the court using the suspended name (see the link below). Another problem that did not result but which could have resulted from the suspension was that the Mandevilla Condominium Association could have lost their name. Had this occurred, everything "Mandevilla" would have required changing including both entry monuments. I believe most community members are not aware of this violation even though it affects them as members of the community. See https://www.ftb.ca.gov/businesses/Exempt_organizations/Suspended.shtml
***********************************************************************************************************
For me, what's most troubling is that no one takes responsibility for the problem - the Board remains silent, DML blames the Secretary of State, and some former Board members scowl at a person questioning DML or the Board. DML stated the Secretary of State was taking four to six months for processing due to state budget cutbacks. But, DML and the Board had from 2009 to 2011 before the Secretary of State finally suspended the Mandevilla Condominium Association; and the Mandevilla Condominium Association was registered only three days after receiving a letter from a concerned community member. DML also stated that the proper forms were filed on time to maintain the status of the corporation. If the forms had been filed on time and the status of the corporation had been maintained, the Mandevilla Condominium Association would not have been suspended. This shows a lack of accountability and responsibility. For me, it is frustrating.
***********************************************************************************************************
I find that one of the problems with having a Property Manager who is a former Board member and also a member of the community is that when a complaint is brought against the Property Manager, it is also brought against the Board and some of the former Board members. Additionally, when a complaint is raised to the Board, the Property Manager responds. This, unfortunately, has been illustrated in Board meetings.
***********************************************************************************************************
While it has been said that DML has an excellent response time to problems and no one has disagreed with this including myself, based upon the fact that the Mandevilla Condominium Association was not legally allowed to transact business and other items above, I cannot say that DML and the Board are doing an excellent job.
***********************************************************************************************************
Please note: This review has been revised to conform to the policies of TrustLink.org by making the experience personal, not strictly factual.
###########################################################################################################
SECOND REVIEW - February 4, 2013
###########################################################################################################
It appears DML Properties has hired an unlicensed contractor to do HVAC work for the Mandevilla Condominium Association, in what the contractor called common space, in the attics of units within the community.
***********************************************************************************************************
I say it "appears" because there was a business license number on the contractor's business card. However, after researching the business license number, I could not find a relationship between the company represented by the business license number and the HVAC contractor.
***********************************************************************************************************
DML had stated previously that the contractor was the approved HOA vendor for Mandevilla. As such, I sent a letter to DML Properties and to the Mandevilla Condominium Association Board requesting information regarding this matter. There has been no response.
***********************************************************************************************************
Is a license required?
***********************************************************************************************************
My best source is found here:
http://www.cslb.ca.gov/GeneralInformation/Library/LicensingClassifications/C20WARMAIRHEATINGVENTILATINGANDAIRCONDITIONING.ASP
http://www.cslb.ca.gov/Consumers/ReportUnlicensedActivity/WhatIsIllegalContractorActivity.asp
http://www.cslb.ca.gov/GeneralInformation/About/BasicFactsAboutCslb.asp
***********************************************************************************************************
What difference does it make?
***********************************************************************************************************
According to this video by the Contractors State License Board found here, http://www.youtube.com/watch?v=eDJ6sN0cr9M and here, http://www.cslb.ca.gov/default.asp if there is an accident or the contractor messes up the job, "you" are 100% liable. It is not clear to me if "you" is the Mandevilla Condominium Association who is paying for the job or if "you" is the owner of the unit who lets the contractor in the door. If it is the association, then the association was put at risk by hiring the unlicensed contractor.
***********************************************************************************************************
Our situation
***********************************************************************************************************
However, in our case, the contractor recommended further work be done in what he called the common space that was to be paid by us, the owner, instead of being paid by the association. The amount that we were to pay for the additional work was more than the amount the association was to pay for their work. Therefore, I believe, according to the video, if there was an accident or the contractor messed up, we would be responsible for the majority of the liability since we would have paid the larger bill for the work, and we also would have let the contractor in the door. Therefore, I believe, had we accepted this job by the approved HOA vendor for the Mandevilla Condominium Association, hired by DML, we would have been put at risk.
|
|
|