Dear Ex-Neighbors in Boulder, Colorado,
It’s been ten years since Sabina and I left. We miss you and will never forget the compassion and neighborliness you gave us after my TBI when the tree in our front yard fell on my head on June 7, 2007: how you helped Sabina and the paramedics that dreadful night; how you helped her with yard work, walking the dog, home repairs, and giving her emotional support while I lay in a coma; and how you were there for me when I finally woke up.
As you know, we now live in Albuquerque, near our son Chris and grandsons Atticus (14) and Felix (11). Although my own recovery is at about 90%, Sabina is still struggling from the heavy stress that my accident, recovery, and move caused her: she suffered a stroke last year, has had three bad falls, and other health issues. Now I am her care-giver, as she was mine. As I had to retire at 60, we live on meager Social Security benefits.
After I started volunteering at the New Mexico Brain Injury Alliance, I soon came in close contact with numerous fellow-TBI survivors who weren’t as lucky as I: many of their spouses, children, friends, neighbors, and parents had abandoned them; some had lost everything as a result of their accident; many others were mired in clinical depression and feelings of hopelessness.
But I’m not out of the woods yet. We live in a neighborhood which, like Boulder’s Lakebriar, is on the city’s west side. But, unlike Lakebriar, our “Bosque Montano” neighborhood (1) is gated; and (2) has a Home-owners Association (HOA) that “provides services, regulates activities, levies assessments, and imposes fines.”
Last December, our bank, Nusenda Credit Union, made a mistake to which they admitted regarding an extra mortgage payment that I had sent in due to my cognitive dysfunction. It caused our account to be overdrawn in January and February, including three attempted HOA payments (the same one). Nusenda had charged us $35 for each one.
When I brought this to Nusenda’s attention, they kindly refunded $550 of late and NSF fees. I was so thankful for their compassion, not only to a member, but to a disabled one. I knew that just as there are two types of individuals in America these days, there are also organizations, unlike my Credit Union, that operate without heart or understanding.
How true that was when I petitioned the HOA management company, which does the billing, and the Bosque Montano Board of Directors (three of our neighbors) also to reverse the fees of nearly $300 that had been passed on to us because, according to our HOA management Company, the HOA’s bank (which the HOA manager incorrectly had said was Union) had charged the HOA for my unforced accounting error. In February, I had received a statement from our Home Owners Association management company Sentry Management for $440.83 that included $200 for quarterly dues plus charges of $239.74 for Returned Check and NSF Fees (now nearing double that amount), which I challenged in writing for the aforementioned reason. I had writte:
To confirm what I am communicating, you may contact the Nusenda officer that helped me in this matter, Bee Ap, and her email is nap@nusenda.org and phone number is 505-872-5291.
The Sentry HOA manager (HOA Manager X) replied this way:
Please understand that the Association is simply stating that this was not on error on the part of the Association or the Management Company and the Associations bank had to cover and pay for these costs and this amount needs to be recovered back to the Association. Please remember that you stated that the reason behind this issue arose due to the fact that you mistakenly wrote these checks from a check book and account that you had closed and therefore are responsible for the mistake.* Please let me know if you have any other questions or concerns. Thank you.
The Board is unable to waive the costs of the NSF fees. Thank you.
*This was the first of two false claims made by HOA Manager X. I replied:
For the record, you wrote: "you stated that the reason behind this issue arose due to the fact that you mistakenly wrote these checks from a check book and account that you had closed and therefore are responsible for the mistake." I never said that. That is not true.
I wrote:
My mistaken understanding of the dispute was that Nusenda had charged the HOA those disputed bank fees, but of course it was actually the HOA's bank that had called in those fees. So, I was advised to write a letter to the bank that billed you with my explanation and to ask it to waive those charges. I would very much like to do that. So, please email me the name of the HOA's bank, a contact person there, and his/her email address. Know that I will cc all of you on my email, as well as their reply.
To which HOA Manager X wrote:
So that Board agreed that it is fine to give the name of the bank. It is Union Bank*. However, I do not have an exact contact person as we do not deal with the bank but our corporate office does. You are more than welcome to contact Union Bank; however, I do not believe that they will speak with you or give you any information as you are not an authorized holder on the account. Please let me know if you have any other questions. I think that you should contact them and I am sure that they would be able to direct you. Our corporate office is located in Longwood, FL. Thank you and good luck.
*HOA Manager X aid the charges originated from Union Bank. So, I wrote a letter to Union Bank who responded this way:
Thank you for writing to Union Bank. We are in receipt of your email addressed to Ms. EIley Matthews, Corporate Social Responsibility, which was received on July 28, 2017. I am responding to you on behalf of the Customer Advocate Team and I appreciate your patience while waiting for a reply. Currently, I am reviewing the issues you raised in your email. If you have any questions in the meantime, please feel free to contact me directly at (714) 985-2098.
This was the second bank that showed compassion and concern for a disabled person! I was in a cheerful mood, optimistic that someone has finally come to my assistance in my time of need, that I would finally wake up. That is, until I received this email from the HOA Manager on August 2017 that delivered the coups de gras of my post-TBI nightmare:
Shortly after that, I received this email from HOA MANAGER X:
I am sending this email to inform you that the Sentry Corporate Office received a copy of the letter that you had sent to Union Bank. Sentry informed me that the NSF charges are not from Union Bank but from Sentry Management and there should be no more correspondence from you sent to Union Bank*. The Board had a Board Meeting on Tuesday August 8, 2017 and the Boards decision that the charges will remain on your account and as the homeowner you are responsible for these charges of $105 NSF Fees (3) and a monthly assessment of $66 that was not paid due to this issue. The Board also agreed that any interest that has been charged to the account due to this issue will be waived once the payment has been received and the account is brought current no later than October 31, 2017. Please let me know if you have any other questions. Thank you.
*This is the second time that HOA Manager X included false information in her emails about the case. So, I wrote to the Sentry Corporate Office to see if they would do something to help me. This is what I received from a Vice-President:
I am aware of the issues you have with Bosque Montano and the stance that the Board has taken. I have also seen the article you have posted. It is clear that this is a situation that the Board has determined that you are responsible for and I can do nothing to overrule their authority. I suggest that you write the Board directly if you wish to resolve your outstanding issues.
Frustrated and disappointed at the treatment I was receiving from both the HOA Board of Directors and the HOA Manager, I replied this way to Sentry Corporate to see if I could find relief in their offices, which never came:
Thank you very much for the reply and for your representation of Sentry Management Inc. Unfortunately, this is not the outcome I was hoping for, and my HOA nightmare continues. To be clear, what I was requesting in my letter to the corporate office was Sentry's agreement to settle this dispute by simply reversing the bank fees that the Sentry corporate office assessed Bosque Montano HOA and were passed on to me because of my credit union's error as explained in my blog post. Also know that the HOA has put a lien on my house!
Know that I am not asking Sentry in any way to "over-ride" the Board's decision to take action on my request. Now the ball is in your court. I am ready to get legal counsel if necessary to end my nightmare.
Unless you tell me otherwise by COB Friday, as a legal representative of Sentry Management, you are telling me that the financial division of Sentry Management refuses to reimburse Bosque Montano HOA of Albuquerque, New Mexico, the Non-sufficient and returned check fees that the HOA Board of Directors charged me earlier this year, the details of which you have read and understand.
No reply. No help. Unbelievable! To sum up:
- Three neighbors (Board members) dumped on me, as did the HOA management Company, all after two financial institutions supported my claim.
- Not once did any of the Board members ask me to meet in person during the seven months of this dispute.
- In HOAs, it is very easy for a few individuals to get a lock on political power -- relying on personal loyalties, favor exchanges, apathy, timidity and a measure of intimidation. (HOAtalk)
- The three Bosque Montano Board members will remain anonymous to protect the innocent: perhaps I lost my appeal due to a 2-1, rather than a unanimous, decision.
- Bosque Montano HOA collects approximately $32,000 in annual fees from the home-owners therein. My NSF amount due is of that is less than 1% of that annual revenue.
- The Board has also recently informed me that a lien has been put on my house and charged me $50 for doing so.
How we miss Boulder, our dear neighborhood there, our dear neighbors, and life without an HOA!
#Boulder,Colorado # HOA legal # Sentry Management #Bosque Montano #HOA abuse # neighborliness # neighborhood culture