Russ O’Hare has been experiencing problems with Results Property Management in Kansas City, Missouri. He is one of the home owners at Creekside Village and has a number of complaints and allegations over the way the firm has been managing the properties. He shares his story to Jason Hartman.
Key Takeaways:
[3:50] Russ was first told that it was Curry Real Estate managing the properties, not Results.
[8:15] Metrowide Building invoices has the same address as Results. Are they owned by the same people?
[10:25] $2,500 was charged to the HOA for trimming trees and bushes for less than 8 hours of work.
[16:18] Russ’s wife made copies of invoices when they requested to see the books.
[20:05] It seems the investor Isaac Bencuya and Results have some kind of arrangement with each other.
[25:20] The club house, pool, and one of Isaac’s apartment buildings run on one electric meter and that bill goes to the HOA.
[27:15] Isaac setup a proposal for the home owners to basically give him the pool and club house.
[30:15] Dave Zeller, Isaac Bencuyz, and Quentin Kearney said they had no affiliation with Nick Porto when Nick was representing the HOA.
[40:05] During this proposal, Dave Zeller’s attorney fees were charged to the HOA and not out of Isaac’s pocket.
Mentioned In This Episode:
Quentin Kearney – Results Property Management.
Tweetables:
“Metrowide Building invoices had the same address as Results Property Management.”
“We started questioning the fees and the dues, why they were so high.”
“If I owned a swimming pool and a club house, I wouldn’t given it to anybody for free.”
Transcript
Jason Hartman:
Hey, I’d like to welcome Russel O’Hare to the show. He has been affected by some pretty serious problems that he’s alleging in his Home Owners Association and maybe people around the country are affected by problems like this where there’s mismanagement of their property by a property manager or mismanagement of an entire Home Owners Association by that property manager. This company is Results Property Management in Kansas City, Missouri. They also go by Results Real Estate Services in Kansas City, Missouri or Blue Springs, Missouri and the owners names are Quentin Kearney and Ken Logan. Russel, welcome, how are you?
Russ O’Hare:
I’m doing good, thank you.
Jason:
Good, good. So, tell us what is going on with your Home Owners Association?
Russ:
I bought my home over here at Creekside Village in July 2014. The dues were pretty at that time they were set at $650, but we were told when we bought it over here that club house, pool, walking trail, pond, and tennis court was all included, but unbeknownst to us once we got in here we found out there’s no walking trail, no pond, and no tennis court that belongs in this HOA association.
Jason:
So, let me ask you a question, Russel, is that’s what they told you. Did they tell you that the Home Owners Association included these things?
Russ:
Yeah, our real estate agent [#3:00] is his name. He is the one that disclosed us, that was all part of the HOA down here.
Jason:
I believe you’re going to tell the listeners a story about how they tried to take away some of the amenities that were there. I mean, a pretty big potential deal where they would take away the pool and the club house. So, we’ll get to that, but go ahead and continue where you left off, if you would.
Russ:
So, me and my wife, Bobbie, we decided that we should dig into it once we got in, find out what was really going on, and we didn’t have no contact of management of the HOA association. What we were told was it was Curry Real Estate and not Results.
Jason:
So, wait a sec. So, you were told that the association manager was not Results Property Management, it was a different company?
Russ:
Yeah, on the club house [#4:04?] they had Curry Real Estate information posted on a door.
Jason:
Are you saying Curry, is that what you’re saying?
Russ:
Yeah, Curry.
Jason:
Okay, got it and Results Property Management, LLC. is the actual name of the company and Quentin Kearney, let me just spell it – Quentin Kearney is the co-owner along with another man named Ken Logan. Okay, go ahead.
Russ:
And one of our co-attorneys, they informed me they were no longer managing it. The company was Results Property Management, a company out of Blue Springs and I gave him the number and so I called them and asked them, you know, is the tennis court, walking trails, is that included in the Home Owners Association and that’s when Quentin Kearney with Results inform me that no, there’s no longer part of the Home Owners Association that the original developer [#5:08?] of Creekside Village filed bankruptcy and the developer of this movie theater, that’s over here just to the west of us, bought this land and used the dirt to build the theater and they’re the ones that own it. It’s no longer apart of the association.
Jason:
Okay and I just want to clarify for the listeners, so Curry is not Kearney, those are different. Quentin Kearney is an individual and Curry Property Management is another company that was no longer managing the property or the Home Owners Association. So, what you’re saying is when you purchased your property there, you were promised the tennis court, lake, and a walking trail, and then that was sold another company that owns the movie theater and you never got those benefits that you were promised, those amenities, right?
Russ:
That’s correct.
Jason:
Okay, that’s one part of this story. Now, there are really, so far as I understand, two other parts to the story. One part is an alleged fraudulent billing practice for repairs done by this company called Metrowide Building, LLC. I believe, I believe it’s an LLC. that is also owned by Quentin Kearney. I don’t know if Ken Logan owns part of that, but what happened with Metrowide Building?
Russ:
Well, my wife Bobbie and I when we started questioning the fees and the dues why they were so high, we had requested to see the actual books for the HOA and we typed out a letter and sent it to Dave Zeller, which is the attorney that represents Isaac Bencuya and this HOA.
Jason:
Okay, so hang on, hang on just a moment and I just want to fill in the blanks and please correct me if I get any of this wrong, because this is a little hard to follow sometimes. Isaac Bencuya is an investor, your wife told me, from California who owns an apartment complex that is also part of the Home Owners Association is that correct?
Russ:
Yes, that’s correct. He also owns 24 homes.
Jason:
Okay, and 24 of the houses in the association. Now, Dave Zeller is his attorney, is that correct?
Russ:
Yes.
Jason:
Okay, and then there’s another attorney that’s going to enter the picture and that’s Nickolas Porto or Nick Porto who is an attorney that I’ve actually been litigating with over kind of the same thing for several years where that I am alleging fraudulent billing practices with Results Property Management and Quentin Kearney and Ken Logan. So, okay, and Metrowide Building, so go ahead.
Russ:
When we finally got in there to look at the books, we noticed several different things that looked suspicious to us and one of them was Metrowide Building invoices that had the same address as Results.
Jason:
So, you were suspicious because you thought it wasn’t a different company, it was really the same, because they have the same address, right?
Russ:
Correct.
Jason:
Okay, what happened next?
Russ:
Well, we seen where they charged the HOA $2,500 to go out and trim trees and bushes. $90 to pick up tree limp out of the parking lot. $120 to pick up trash around dumpsters and the problem with it was that on these invoices, it never, you know, stated what houses they actually went and trimmed the trees and the shrubs. They were just $2,500 trim trees and shrubs.
Jason:
It was just a general billing with no specifics and the bill was from Metrowide, so do you know if Metrowide has an tree trimmers or garbage collectors that actually work for that company?
Russ:
No. I had a conversation with Quentin Kearney about that and he had mentioned to me that they have certain people that do work for them that they hire to do that kind of work, so I don’t know if they get them off Craigslist or where they get them from, but you know, to me, it looked like these invoices were inflated on the price for the work that was being done.
Jason:
Now, what made you think that they were inflated? I mean, why did you believe that?
Russ:
I had noticed shortly after we moved in that there was an older fellow and a pick up truck that was going around cutting trees and bushes and whenever I got off work, I asked him, what you’re doing, and he said, well, I’m hired by the HOA to go around cutting/trim trees and bushes out of everybody’s yards.
Jason:
Did you get his name? Did you get his name?
Russ:
No, I never did get his name.
Jason:
Alright and describe his vehicle, just because it may come up later.
Russ:
I believe it was – I know it was a black pickup. I believe it was a F-150. [#10:41?].
Jason:
A Ford F-150?
Russ:
I then proceeded to unload, you know, came on my property, I didn’t [10:50] come in an carries the bushes and he said, well, that’s mine. I remember he was only here, you know, about 4 hours that day and then he came back the following day to pick up all the loose tree grounds and the bush grounds and all that and I thought to myself, for about eight hours worth of work, $2,500. I mean, that’s pretty good money.
Jason:
How many hours worth of work?
Russ:
No more than eight hours worth of work. He was only here two days.
Jason:
Okay, so they billed $2,500, this Metrowide Building did, for about eight hours worth of work and, you know, a lot of people use these sort of very casual handymen, you know, that are just sort of freelance workers who don’t have proper insurance or they’re not really real companies, real professional companies. Did he have a label on his truck, was it a real work truck with a brand name on the side and a logo or was this just some, you described him as an older gentlemen, was this just some sort of seemingly random guy who was trimming the trees?
Russ:
It was a random guy, there was no company logo on the truck or..
Jason:
Did he seem to have like proper equipment or was it, you know, I’ve seen professional tree trimming companies out before on the streets and then I’ve seen, you know, a guy with a chain saw or pruning sheers. Describe that.
Russ:
The only thing I see that he had was those hand sheers that you take to trim up the bushes and skinny branches that you can cut off trees. That’s the only thing. I didn’t see no chainsaws, hear no chainsaws. So, you know, the bushes and the trees around here, since it’s fairly a new development, it’s only about seven years old, the trees don’t need to be trimmed, just the shrubberies and I knew $2,500 was an awful lot, but we were looking at the books there at the Results Property Management address. I had my wife, because she is part of the HOA board ask Ken Logan, just picking up one tree limb, $90? And he said, he did not have any idea that Quentin would be the one we have to ask about that.
Jason:
Okay, so did Ken Logan say whether or not he owns part of Metrowide Building or did you not know that? Is it just Quentin Kearney who owns that?
Russ:
No, neither one of them owned up to the fact they own Metrowide until we questioned Quentin Kearney about it and he said it was part of Results Property Management, which would I assume since Ken Logan is the other half owner of Results and he just much involved with Metrowide as Quentin Kearney.
Jason:
Were there any more examples of what you felt was inflated billing or fraudulent billing for work that wasn’t done at all?
Russ:
I did see another [#14:15?] that was, they repaired a water line from one of Isaac Bencuya’s rental homes that was charged to the HOA.
Jason:
So, what you’re saying there is that this is the home of an individual owner who should have paid for his own water line, that wasn’t part of a common area issue, the Home Owners Association would be responsible for, right?
Russ:
That’s correct.
Jason:
Okay, okay. Go ahead. So, what else were you saying?
Russ:
That bill was, if I can remember right, $442 and I questioned Quentin Kearney about the, to me, inflated lawn care bills for just the common areas. It’s a very small area and these lawn repair bills were in the hundred dollar bill area. I have to re-look at the actual invoices, but I thought, well, that’s an awful lot of money to be charging to mow just a tiny little area of the common area. I remember seeing some on this bank register posting that they gave us is two different amounts mow the lawn and landscape charges $300 each month and there, and Quentin Kearney, there’s no way it cost $300 a month to mow the little common areas that we have.
Well, that’s when, Quentin Kearney and, I take that back, Quentin wasn’t there and that’s when Ken Logan rushed me and my wife out of the office saying they were closing, blah, blah, blah. So, my wife, Bobbie, she made as many copies as she could before we had to leave.
Jason:
What time of day were they rushing. Now, this is when you were inspecting the books, because as Home Owners and the Association, you do have a legal right, from what you know, to inspect the books, right?
Russ:
Correct.
Jason:
Okay and what time of day were they, your wife had stated before that she was rushed and she felt intimidated, that they belittled her for wanting to look at the books, and that was the impression she gave me. What time of day they were rushing you out of the office saying they were closing.
Russ:
It’s about 4 O’clock in the afternoon and they’re hours of operator I believe, I looked it up on the website, is 8am to 5pm.
Jason:
Okay, so, you believe closing an hour early then.
Russ:
That’s what they told us. Now, whether or not they close at there, you know, we don’t know, we just got the copies that my wife had made and we got out of there because we were displeased at some of the stuff that we’ve seen. I was sitting there looking. The previous management company, Curry, had filed 2013 taxes for the HOA and on line one the income that you receive and everything else were at $83,000 and the 2014 taxes that Results filed on behalf of the HOA line one read zero.
Jason:
So, say that again. You’re saying that the previous firm on the tax return for the Home Owners association, it said, what, the income was $83,000 or say that again.
Russ:
On lines one in that scheduled, I believe it’s Scheduled H is going to be filed with the HOA to the IRIS. Line one when Curry Management stepped up in 2013, the income on line was $83,000 and in 2014 taxes were filed, they were filed by Results Management.
Jason:
Results Property Management, LLC. Okay.
Russ:
And it showed line one zero dollars.
Jason:
So, what does that tell you? What does that mean?
Russ:
That automatically threw up a red flag to me that, okay, there was money missing or maybe Results did not know how to file the proper taxes, so I got curious and I actually called the previous property management, which is now First Premier or First Service, [#18:54?] those deals property manager and I was talking to her and she didn’t really want to go into too much detail at looking at it. She said that Results has all the paperwork. That they had no copies of it because she said by Missouri law, they’re not suppose to have any copies. They had to turn everything over to Results. Under her record plus at the HOA at all times had around $55,000 on it and at this time when they transferred the money over, she said, I don’t remember how much money got transferred over but the bank register said $36,000 that got transferred over.
Jason:
So, what does that make you suspicious of? I mean, are you saying that Results property management or Quentin Kearny or Ken Logan or something some how sucked that money out of the Home Owners Association or what are you saying there?
Russ:
Well, my gut feeling told me that Isaac Bencuya, which is the investor that bought this properties in the apartment complex and Result Property Management were all in cahoots together.
Jason:
Okay, so, let’s explain that relationship for a moment. So, Isaac Bencuya is a client of Results Real Estate and Results Property Management, obviously, because he’s part of the association, but he’s a client of Quentin Kearney, who is a real estate broker or agent, right?
Russ:
Correct, the reason why I say that is I actually got on the Jackson County website and pulled up the record of deeds and Quentin Kearney’s name signed on the warranty deeds to the apartments complexes and his homes.
Jason:
So, did Quentin Kearney or one of his affiliated companies build that project or buy it from the builder maybe when the builder was having trouble or what do you think happened or do you just not know?
Russ:
I don’t know. I know Quentin at one time owned two homes over here, but I believe he probably got a hold of the banks that own these properties and listed [#21:15?] and that’s assuming how Isaac and him came, Isaac and Quentin Kearney came in to contact with each other and this transactions.
There’s two different transactions. One was two apartment buildings, that was completed in December of 2013 and October of 2013 and Isaac Bencuya purchased 24 homes and in July of 2014 is when Isaac allowed Quentin Kearney, Results Property Management to manage the HOA and his properties and in July of 2014 is when Isaac Bencuya restarted the HOA. He filed the proper taxes and paper work with the Missouri attorney general’s office, I believe it is, and we started the HOA back up.
Jason:
Okay, alright. Very interesting. Okay, so what is the problem, if any, with Isaac Bencuya, this investor. You think he is getting preferential treatment, it sounds like. I know that your wife told something about, maybe fire extinguishers or something that were, I can’t remember, that were charged to the Home Owners Association that went into Isaac Bencuya apartment buildings.
It sounded like, that’s what I recall, my memory could be foggy, so just correct me and then also what I really want to get to is this story about how, from the way your wife told it, they were basically trying to swipe or swindle the home owners there out of the pool and the club house that were part of the common area amenities. So, again, that’s alleged. You know, that’s your opinion of what happened or at least that’s your wife’s opinion. I don’t know what you think, but you know, tell those stories if you would.
Russ:
Well, as we were inspecting the books, I did find an invoice from a company that inspected it was, I believe, 14 or 17 fire extinguishers, which in the club house there’s only one that I’ve seen and so my suspicion tells me that the other ones are in the apartment complexes and they HOA got billed for an inspection of all of them.
Jason:
So, what you’re saying is, you don’t know why when there’s only one fire extinguisher that you’re aware of in the common area in the club house that the HOA was build for, what did you say, 14 of them?
Russ:
Yeah, 14 or 17. I believe it’s 14 of them.
Jason:
Wow, okay, go ahead.
Russ:
So, that raised other red flags and my wife, Bobbie, also, and then Isaac Bencuya was [#24:17?] about, because he’s our HOA broad president also, about these charges, the Metrowide, the HOA was being charged for the trash pick up of the apartment complexes, $181 a month, you know. The electric bill, the average electric bill for the common area is $572 and I knew that was high.
I could see during the three months that the pool is open why it would be $570-600, but all year long, so my intuition told me to call Kansas City Power and Light and when I did, come to find out, in 2012, the [#25:05?] had, the club house, and apartment one, we’ll call it, was all under one plug and so the [#25:17?] is separate to [#25:20?], but there was never a no other electric meter installed, so the electric meter that runs the club house and pool is also running the two apartment buildings. The hall lights, there’s three floor, and that’s apartment one and the outside exterior lobby is what the lady at KCPL told me. All of us are getting build straight to the Creekside.
Jason:
So, you’re allegation there then is that the Home Owners Association is being charged to run the utilities in Isaac Bencuya’s apartment building that the HOA is paying for that. See, that doesn’t seem right. It seems like the HOA should only pay for the, you know, the utilities on its own common area, not within, I mean, that would be like, that would be like, you know, you billing the HOA for the utilities inside your unit, right?
Russ:
Correct. I didn’t the lady from Kansas City Power and Light told me that anytime a renter moved out from one of the homes at Creekside Real Estate, LLC. or that the utilities in that individual unit or home is being billed back to Creekside Real Estate, LLC, which is Isaac Bencuya, that the actual apartment lighting is being billed to Creekside HOA.
Jason:
Okay. Alright, let’s talk about the big story here. The big story is potentially a huge loss from the Home Owners Association and all of you owners who don’t seem to be getting any real representation and that is the actual pool and the club house. What happened there? I mean, that blows my mind what Bobbie told me.
Russ:
This is when we found out that Results was the property management company. The attorney, Dave Zeller, had sent a letter to all the home owners stating that there was going to be special Home Owners Association meeting at the Club House on, I wanna believe this is December of 2014, and so my wife and I showed up with another couple, Bonnie and Eric McColgan and there’s one other couple that lived right behind this that showed up and this message, there were Isaac Bencuya, Dave Zeller was there with Quentin Kearney and Isaac had a proposal where he wanted to lower the HOA dues from $650 down to $487 or $486, somewhere in that, but then they would send a charge for another $15 for insurance.
So, it was going to be right around $510 a year if the Home Owners Association would agree to sign the rights of the club house and pool over to Isaac Bencuya, Creekside Real Estate, LLC. and that made no sense to any of us. Now, this other lady Ahsley and [#28:57?] I’m not sure how to pronounce the last name.
She was the vice president of the HOA then and my, you know, alleged going on there was that she was going to vote, she was the vote Isaac excused himself from the vote, because it’s conflict of interest. She was going to vote yes for this, but I don’t believe that Isaac Bencuya, Quentin Kearney, and Dave Zeller thought that anyone was going to show up to this HOA, Home Owners Association, meeting and when us and another couple showed up and we started raising questions about it. They said, well, let’s have another meeting, but they were schedule a second meeting.
Jason:
Well, it does sound like Isaac Bencuya did the right thing by abstaining and not voting on that, right, because there’s a conflict of interest, you said.
Russ:
Correct. I do believe he did right by not voting, because he’s got majority of the vote, so.
Jason:
Okay, so you gotta give him some credit for that. So, was Nickolas Porto or Nick Porto another attorney there?
Russ:
During the second meeting, I can’t quite remember if he was there at the first one. I know he showed up the second meeting and we were told that he was a random attorney that the HOA voted, the HOA board of directors voted on to represent the Home Owners Association for this proposal and that he had no affiliate to anybody. Dave Zeller, Isaac Bencuya, Results Property Management or anything.
Jason:
Okay, so why did they volunteer that. Why would they say this is, you know, this is a random attorney that doesn’t have any affiliation with Quentin Kearney or Isaac Bencuya or Results Real Estate or Results Property Management, why would they feel the need to explain that? Did you ask them?
Russ:
Yeah, in this meeting, my wife had asked [#31:10?] affiliate. Did they know who he was prior to this and they said no, that they didn’t.
Jason:
Who is they?
Russ:
I’m sorry, Quentin Kearney, Isaac Bencuya, and Dave Zeller.
Jason:
Okay, so they said that they hadn’t no affiliation..
Russ:
No affiliation with him.
Jason:
With Nick Porto?
Russ:
Correct.
Jason:
Okay, go ahead.
Russ:
And our gut was telling us, we at that time already had suspicion with Quentin Kearney, Isaac Bencuya, and Dave Zeller and that’s why the question arose, was he affiliated with any of them.
Jason:
Okay, got it. Got it. Okay.
Russ:
And that’s when they said, no, they were just one of the attorneys they took out and the HOA board voted on to represent the HOA on this proposal.
Jason:
So, in other words, it sounds like what you’re saying is Dave Zeller was the Home Owners Association attorney and then they had to bring in Nick Porto to represent who, the home owners?
Russ:
Yeah, the home owners and the Home Owners Association in general because Dave Zeller can’t represent Isaac and – Dave Zeller was the one that help Isaac write this proposal.
Jason:
So, they had to have, it sounds like, they were trying to follow the rule or there’s some rule or something that they had to have two attorneys. So, they had the HOA attorney and then they had Nick Porto, but the key thing that’s interesting that you and Bobbie have both said is that Nick Porto stated and so did Quentin and all the other parties mentioned before, Results, etc, stated that they had no affiliation with Nick Porto. That he was this new guy, right, a new attorney that was brought in.
Russ:
Correct.
Jason:
That is correct, right? Because that’s kind of important.
Russ:
Yes, sir.
Jason:
Okay, alright. Go ahead.
Russ:
Only now that we had found out he had ties with [#33:19?] whenever I got on the Missouri casenet and researched and [#33:24?] Results Property Management. That’s when I think was Jason Hartman, yourself, and I pulled up the case number and they has the parties attorney name and under Results Property Management, Nicolas Porto was the representative attorney for them.
Jason:
Okay, since that relates to me directly. I can definitely tell you that Nickolas Porto has been involved for many years with Results Property Management, with Quentin Kearney, with Results Real Estate, and when Ken Logan. All of those parties, because I have personal knowledge of that and that happened long before this meeting that you’re talking about now.
Russ:
They rescheduled another meeting with just the Home Owners Association people, the home owners that wanted to show with Nick Porto for us to setup a counter proposal to the original proposal that Isaac Bencuya and Dave Zeller had offered and that happened, I believe, in February. At that point we asked Nick Porto, Dave Zeller, Quentin Kearney and Isaac Bencuya, we wanted to see all the actuals, all the actual invoices, the bank accounts, everything, to see how much money was in the reserves of the HOA, and they promised us at that time that at the next meeting with Nick Porto, we would have that. Well, when that meeting came up, Nick Porto and it was Bobbie and myself with another couple Eric and Bonnie McColgen they showed up.
Jason:
Who are they? Are they residences?
Russ:
Yeah, they are another home owner over here.
Jason:
Eric and Bonnie McColgen, right?
Russ:
Yes and well, Nick Porto specifically said that he is walking into a fire storm because they hadn’t given him any actual money numbers or anything to get to us, so he was already, he already knew that he was through a hornet’s nest. Well then, we were talking about counter proposals and everything else and we decided, you know, we all wanted the club house and pool unless he wanted to buy it, blah, blah, and he wanted to go ahead and fill in a proposal to Isaac Bencuya and Dave Zeller and him and that Ashley, she was there. They decided they can get the HOA dues down around $350. The actual home owners had the right to drop out of the HOA if this transaction took place, then we want zero.
Jason:
Okay, so what you’re saying, it sounds like what you’re saying then and just correct anything I’ve got wrong here is that the pitch from the clan that we mentioned, we mentioned the names so many time, Quentin Kearney, Results Property Management, Nick Porto, etc was that if you are willing as a Home Owners Association to give up your property, the property owned by the HOA. If you’re willing to give away the swimming pool and the club houses, your association fees would go down. Was that the pitch from them?
Russ:
That was the pitch, correct, and it was going to give a mandatory $487 a year from all homes that are paid for.
Jason:
How did you feel about that? Did you think that was a fair deal?
Russ:
No. What I was telling my wife Bobbie and the other couples that were there that, you know, why would anybody give away any type of property, you know, why not, you know, if he wants to sell it. Get a appraised value and sell it.
Jason:
Right, okay so they wanted it for free. They were expecting to get this for free.
Russ:
They wanted it for free. No money transaction and he wouldn’t even transfer over any reserves or anything like that. All the reserves was going to go to Isaac Bencuya, whatever was in the reserves. They never did provide that to us.
Jason:
Wow. That doesn’t sound like a very fair deal, to me, I mean, I wouldn’t – if I owned a swimming pool and a club house, I wouldn’t given it to anybody for free.
Russ:
Exactly.
Jason:
What else happened? It’s particularly interesting what Nick Porto is saying, because you’re saying that he mislead you, because, you know, as you found by searching Missouri casenet that he was affiliated with Results and Quentin long before that meeting and I also verified that for you.
Russ:
Correct and after that meeting there, to my knowledge, Nickolas Porto sent over a proposal to Isaac and Dave Zeller that we knew they weren’t going to accept because one, Isaac let it be known that he was not going to let anybody opt-out of the HOA on the home owners side. The only people that were going to be opt-out was his apartment complex and so, that was the last that we seen of Nick Porto or heard from him. He wasn’t even there.
Jason:
Okay, that would have increased the value of Isaac Bencuya’s apartment complex, if he, if that apartment complex owned the pool and the club house rather than the Home Owners Association owning it.
Russ:
Sure, it would have sweeten the deal. It would sweeten the deal for him if he tried to sell two apartment buildings with that one that’s attached to the club house and pool, because he could tell the potential buyer, look what kind of deal he got here, he got a club house and a pool, but you’re putting no money into, the actual home owners over here are maintaining it. They are paying a mandatory $486 dollars a year for the club house and pool.
Jason:
Wow, that they can’t even use, right. Oh, you can use it, right?
Russ:
We can use it, correct.
Jason:
You would be able to use it as a home owner, but you didn’t own it anymore and the apartments would get to use it for free is what you’re saying.
Russ:
Correct.
Jason:
So, that didn’t seem like an equitable deal, right?
Russ:
Correct.
Jason:
Okay, alright. Is there anything else you want to tell us about this whole story.
Russ:
The only other couple of points I can make is that I noticed also when the inspector looks that both attorney fees, Nickolas Porto and Dave Zeller, which amounted to $10,600 and some dollar for his whole purpose was billed to the HOA. Now, I understand that the HOA should have to pay for Nick Porto, because the board approved for his services, but the Dave Zeller was representing Isaac Bencuya. Isaac should have to pay that out of his own expense account, not the HOA. When all these are raised to Results and Isaac, you know, they avoid the question. They don’t want to answer it. Isaac will say, I’ll look into it.
Jason:
Okay, so what question doesn’t he want to answer?
Russ:
You know, why does the HOA, why has the HOA been charged for both attorney fees, for all the lawn mowing, for the trash pick up the apartment complex, for the Metrowide Building, which I know is a bogus charges, because we don’t see no repairs done anywhere. Anything, you know, being done on that behalf.
Jason:
So, you’re saying that you feel that Metrowide Building billing is bogus because you don’t see the repairs being done that they’re being billed for, is that what you’re saying?
Russ:
That’s correct. I believe that it’s another way to, you know, I alleged it, that’s another way Results scams money off the HOA and there’s no accountability with them as far as there should be an email with the board directors of this HOA that states that there’s trash around their dumpsters that need to be picked up. Company ABC would do it for $90 and it should be approved. There’s none of that going on. Results is relying on Metrowide, which is their own companies, to bill HOA at will.
Jason:
This is really an amazing story. Do you know that anything else is going on? Are there any other, you know, I mean, I doubt you have access to any other property owners or Home Owner Associations where this same thing is possibly occurring?
Russ:
My wife had talked to a couple that lived back behind us and rented from Results and they had moved out.
Jason:
These are tenants you’re talking about that were tenants of Results Property Management, right?
Russ:
That’s correct.
Jason:
Okay and what happened to them?
Russ:
They had moved out and they had paid a $750 deposit and they cleaned the house, they got receipts, had their carpet cleaned, you know, so they cleaned the whole entire house and they wanted their deposit back. Well, when Results came in they sent them a $250 check and their excuse was they charged $75 to change light bulbs, $250 for cleaning, some other charges for changing batteries and that’s the reason why they only got $250 on behalf.
I do know, I was walking the neighborhood one time, you know, I was talking to different people – I was passing out flyers on an event day we were doing up in the club house and one lady had told me that she rented there and Results were the people she rented from, I forget her name, but she’s been there two months and she asked them to repair her dishwasher and they never showed up to repair her dishwasher or anything. She’s been washing dishes by hand for imagine four-five months max.
It’s been two months since I’ve talked to her and we had personally reserved our club house for our son’s graduation. It was on a Saturday and I was going to bake some food in the oven, the stove in our clubhouse was not working.
So, I called Results Property Management number, got an answering machine. Quentin Kearney had given me his personal cellphone number, so I sent him a text, you know, I said, this is ridiculous, his own graduation party, he was up here cleaning this club house. If you’re paying to have it clean, they don’t clean it. It’s not being cleaned and my wife, my son, and a couple of our friends had to clean it before we can use it.
The stove is not working and he said, who is this, and I told him who I was and that’s the last I heard of him until the following Monday I received an email from Dave Zeller telling me I had no right to contact Quentin Kearney on his personal cellphone and I had emailed and asked for the hours of operation, because he was – my wife and the other board member, Bonnie McColgan had emailed Quentin over some issues over here in the HOA and they totally cut off all communication with him. So, I was going to stop in there and make a complaint about the dirty mess of the club house and I emailed them saying what’s your hours of operation and their response I got back was from the attorney Dave Zeller stating that was an inappropriate question.
Jason:
This is just something. It’s an amazing story. It really is. I’ve been following it for a while. Okay, well, why did you want to come on this show and talk about this?
Russ:
Well, I feel like something needs to be done, you know, Results and the way they treat people, manage properties, you know, I got, I bought my house over here and it’s the best it can be. Me and my wife, we plan on retiring here and if they’re not doing their job for other people, you know, whether they are investors or than the [cut out] it’s just driving down the value of our home. That’s one reason and the second reason is, you know, that’s my money that I am paying into this HOA. I realize I haven’t paid anything in their yet. I refuse to pay anything in there until Results is out of the picture. I understand there’s consequences to that. I’m the type of person I don’t like giving money to things I know is not working. That to me is fraudulent and, you know, paying money to something that paying for somebody else’s services.
Jason:
Yep, no body likes doing that. Okay, well good. Well, thank you for being on and sharing this experience with us, you know, you’ve provided a lot of documents that we hadn’t had time to comb through yet, but they do look interesting and your wife also talked about those documents on a prior episode. So, again, thank you for joining us today, and we appreciate hearing from you.
Russ:
Thank you.
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