Illegitimate response from management company to BBB complaint filed.

Got an email this morning that Superior Community Management, the firm hired by our Board of Directors at a tune of more than $11,000 a year for advice, direction and counsel as a "professional" management company who operates within the confines of the law governing Planned Communities in Oregon, responded to my BBB complaint:

RECEIVED BUSINESS RESPONSE : I can tell you immediately that the decisions this Oak Knoll homeowner is complaining about are decisions the Board of Directors of Oak Knoll HOA have made and Superior has no say so in their decisions at all.  Their issue should be with the association and not the management company. 

                                 

                                Tina Brown CMCA, AMS, VP

                                Superior Community Management

                                PO Box 1549, Sherwood, Or 97140

                                503-684-1832   Fax 503-684-1834

This is nothing short of deflection and denial of their responsibility where their fudiciary duties to the Board of Directors and the homeowners of the Oak Knoll Community are concerned. My response is as follows:

RECEIVED CONSUMER REBUTTAL : (The consumer indicated he/she DID NOT accept the response from the business.)

                                The Board of Directors of the HOA are paying Superior Community Management more than $11,000 a year to manage the affairs of the association. Therefore they play a part in the decisions of the association as they carry out those decisions.

                                The management company also has a law firm on retainer who advises both the management company and the board. As such, they know full well that what they are doing in knowingly carrying out their management duties where this complaint is concerned is in direct violation of the Oregon Planned Community Act.

                                This management company has a fudiciary duty to the Board of Directors, and since they are paid with homeowner funds from the association, the management company also has a fudiciary duty to the homeowners of this community as well.

                                The management company breached its fiduciary duty given the fact that they have failed to properly advise their clients, the Board of Directors, to act properly whereas the CC&Rs and  the Oregon Planned Community Act in regards to the illegally established reserve account to fund non-common improvements of this association are concerned.

                                Bottom line, the Board of Directors of the association are volunteers who know nothing (i.e. they are not qualified professionally or academically in the law, either real estate or association law) about managing a homeowners association. Hence their decision to hire a mangement company to carry out those duties with advice, direction, and counsel.

                                Therefore, Superior Community Management Company is a party to this complaint as the management company hired (being the "professionals" in managing homeowner associations) to advise, direct, and counsel the Board of Directors of the Oak Knoll HOA They have breached their fudiciary duty to them and the homeowners of this community in failing to properly carry out its duties in compliance with the Oregon Planned Community Act and the ORS covering fudiciary duty.

When the next response is received, if any, it will be posted here.