Eric McColgin shares his story about his interaction with Results Property Management, Quentin Kearney, the investor Izak Bencuya, and their respective attorneys. He believes Results Property Management is using HOA money to fund Bencuya’s repairs and maintenance fees of his individual properties instead of the homeowners. Before Results Property Management was in charge of the HOA, the HOA had $40,000 in reserves. Now, it’s between $5,000-$7,000. Today we find out what’s happening with Creekside Village.
Key Takeaways:
[3:00] Eric was promised a tennis court, walking trails, and pond when he bought his property.
[6:30] Four people showed up to the HOA meeting and Izak along with his attorney David Zeiler were trying to get the homeowners to give up the pool and clubhouse.
[10:40] Quentin refused to answer Eric’s questions about the walking trails and other amenities over the phone.
[12:45] Zeiler was representing Izak in the proposal to take the clubhouse and pool. Quentin bought in Nick Porto to represent the homeowners.
[15:50] When Eric met Quentin in person, he still refused to answer his questions.
[17:25] The mayor of Grain Valley even told Eric that this looked wrong.
[20:55] The HOA is picking up the bill for Izak’s individual properties.
[27:50] The HOA provider, Metrowide Building, is owned by Quentin Kearney.
[31:20] There should be two signatures whenever a check or payment is made on behalf of the HOA.
Mentioned In This Episode:
Quentin Kearney – Results Property Management.
Tweetables:
“We met with the mayor of Grain Valley and he said this stuff is not right what they’re doing.”
Transcript
Jason Hartman:
I wanted to welcome Eric McColgin to the show. He is the resident Kansas City Missouri metro area and he is alleged another victim of Results Property Management, Quentin Kearney, Ken Logan, and their other companies or at least Quentin’s other company Results Real Estate Services, Metrowide Building. So, Eric, welcome, how are you?
Eric McColgin:
I’m great. How are you?
Jason:
Doing alright. Tell us a little bit about your story. You’re a homeowner in this homeowners association. We had a couple of other residents on the show talking about some of the issues here. What happened with you? You purchased your house when?
Eric:
Yeah, we purchased our house in September of 2014 at Creekside Village.
Jason:
That’s the name of the development?
Eric:
Yeah. That’s the name of the sub division, Creekside Village. We have a HOA, Creekside HOA, but yeah, we purchased our home and first off, our real estate agent had a problem finding who to get a hold of with the HOA questions and our description discloses the property had tennis court, walking trails, pond, all of this, but we were trying to find out information about it and we couldn’t, not at a lot anyhow. She got a hold of I guess it was Quentin at Results.
Jason:
That’s Quentin Kearney at Results Property Management who managers that Homeowners Association, right?
Eric:
Correct. Yeah.
Jason:
Okay and you thought it would include all these things that it didn’t ultimately include, right?
Eric:
Well, yeah, it didn’t ultimately include that, but we didn’t realize that until later on. He was real vague on giving her information, even to find out where we make our HOA payment. Of course, we pay its portion at closing when we bought the house, we still had to make our payments this year. So, we move in and everything and then I guess December, end of November maybe, we got a letter in the mail for a meeting, a HOA meeting, so we went. There was like, I guess, don’t hold me to the dates, but it was like a week or two before Christmas we had this meeting with Quentin and Results, which I guess he’s the guy at Results, some Izak guy, which bought some apartments there and owns some homes there.
Jason:
We’ve heard about him before. This is Izak Bencuya. An investor reportedly from California who owns many of the properties in this HOA plus he also own an apartment complex or an apartment building within the HOA as well and there’s been some allegations as to preferential treatment that he’s getting and how the homeowners association is paying for stuff for his building that they’re not getting the benefit of. So, go on, that’s been alleged by some other residents.
Eric:
Yeah, we went to this meeting and he was there, Izak, Quentin, there was suppose to been the HOA lawyer, I think his name is Zeiler and they brought in some other lawyer named..
Jason:
Was that Nick Porto?
Eric:
Yes, Nick Porto.
Jason:
Yeah. Nicolas Porto or Nick Porto is an attorney in Kansas City, Missouri area, okay, go ahead.
Eric:
Yes and the only residents, the only homeowners that showed up was my wife and I and some neighbors Bobbie and Russ. They had just bought their homes in July of that year and we bought ours in September. We were the only four homeowners that showed up and so we’re listening and we had lots of questions anyway about the HOA that no body had been to answer for us. We didn’t get no body to return calls.
Jason:
Return calls from where? Who are you calling that they didn’t return your calls?
Eric:
We were calling Results. I guess was – we were just given the number, that’s the contact for your HOA, which ultimately ended up being Results.
Jason:
Okay, so that was Results Property Management. I want to say the full name. So, you were calling Results Property Management and they didn’t return your calls, you’re saying?
Eric:
Correct. Anyways, during this proposals we brought up all these questions. They were kind of bringing a proposal to divide the apartment and clubhouse and pool and the homes. Well, they were trying to get us to just give them the clubhouse and pool and force us to pay a fee whether we wanted to or not to lease this pool back and right there raised suspicions with the four of us, you know, we were like, wow, this ain’t right. Something is not right here.
Jason:
What you’re saying is that the – your homeowners association, the association of which you are one of the owners owned or hopefully still owns a pool and a clubhouse that is part of your amenities that extensively would improve the value of your property and what you’re saying is they were trying to take that property and give it to Izak Bencuya and make it part of his apartments, is that correct?
Eric:
Correct and then in return force the homeowners owners and HOA to pay, I think it was $485 a year per home, lease deal, to have access to the pool and clubhouse still. Basically, lease it from them and the four of us were like, no, no, no. Anyways, so that raised suspicions there. Mr. Zeiler, we’re trying to talk about the —
Jason:
Now, Dave Zeiler is the attorney for the homeowners association, right?
Eric:
That’s what they say, but he was more representing Izak at this meeting and wouldn’t answer any of our questions. All he would say was the pond back there, the tennis courts, everything we was told and given our disclosures that were part of this HOA is not part of it. It was sold off. That’s all that he would tell us. Come to find out, there was a neighbor and a home there that was on the board of the HOA at the time and she just, she didn’t show up that night. She was just doing pretty much what they asked her to do. So, we got to talking to her and luckily she listened to us and wouldn’t vote to pass this. So, we still had the home, pool, and clubhouse with our HOA for now.
Jason:
So, that’s good news. I just want for the record, it’s David Zeiler. Zeiler with the Zeiler law firm or at least that’s his email address Zeilerlawfirm.net. Okay, go ahead.
Eric:
Right, yes, David Zeiler. So, I’m bad with names, I apologize.
Jason:
It’s okay, I just wanted to clarify that, you know, because it’s on the tape, you know, for the transcriptionist.
Eric:
Yeah, so after this meeting,we didn’t get anything solved because we had questions. I mean, when we moved – when we bought our home, we didn’t get a welcome from the HOA, a welcome letter, nothing. Nothing. The first thing we got was this letter in December or a proposal to separate the apartments, clubhouse, and pool from the HOA. Give the club house and pool to the apartments.
Jason:
That’s the first thing that happened when you moved in. Before that though, you said you were trying to reach the HOA to answer question about why the other amenities that were promised weren’t there, rights?
Eric:
Correct.
Jason:
Okay, so you couldn’t get any action from them on that. You didn’t hear from anybody. So the first thing was this meeting where they’re trying to change ownership of the clubhouse and pool, right?
Eric:
Yep. Well, one time I got a hold of Quentin before that, yes, and I was asking him questions all on where do I make my HOA payments to and then the questions about the trails and the pond and why there are not being taken care of and this that and the other. Anyways, all he would answer me is you make your payments to, they gave me the address, to Results Real Estate or Results Management Company in Blue Springs and so that’s where you make your payments. The other stuff would have to be addressed at a meeting, an HOA meeting. So, he wouldn’t address any of that over the phone with me.
Jason:
Alright. So you met Nicolas Porto at this meeting, right?
Eric:
Correct.
Jason:
Now, what communication, if any, did you have Mr. Porto.
Eric:
Well, we were all – we have a conference area in our clubhouse at the pool, that’s where we had the meeting and like I said, he was, this was what we were told. David Zeiler, the attorney, was supposedly, this is why I say supposedly was the HOA attorney, so he threw up this proposal for Izak.
Jason:
Yeah, Bencuya, I think.
Eric:
And so they hired Nick Porto, which they told us they just got him from a referral.
Jason:
A referral from who? Did they say who referred Nick Porto?
Eric:
No, they didn’t say.
Jason:
And who is they? When you say they, who is that?
Eric:
Izak and David Zeiler.
Jason:
Okay, Izak Bencuya and David Zeiler, his attorney, told you that Nick Porto was referred to them and why did they bring Nick Porto to this meeting? What did he have to do with it?
Eric:
To represent us.
Jason:
Okay, so Nick Porto was there to represent the homeowners, that’s what you were told?
Eric:
Correct. That was what we were told.
Jason:
Okay, so there’d be no conflict of interest.
Eric:
Right.
Jason:
Okay. Did you feel that Nick Porto represented your interests?
Eric:
Nick Porto wouldn’t answer any of our questions or talk during this. Zeiler, David Zeiler did all the talking and told us they didn’t have to have our approval really for this, because we wasn’t on the board, so we didn’t matter in all reality.
Jason:
Who is they? You gotta always tell who you’re talking about.
Eric:
Izak and Zeiler.
Jason:
And what did Quentin Kearney say during all of this? Was Ken Logan there?
Eric:
I don’t recall Ken being there. It was just Quentin.
Jason:
Okay, do you know who Ken Logan is?
Eric:
I’ve heard of them. I never met him, never talked to him.
Jason:
Alright. So, did Quentin say anything during the meeting?
Eric:
No, he sat there pretty much the whole time. He would bring up stuff about what we asked about the pond the tennis court, how it was supposedly sold off during – for another venture in town there to build a movie theater. The builder bought that part of the land, so that’s where the HOA is not responsible for it no more. That’s all he would say. He never spoke much. He was just there.
Jason:
The pond and the tennis courts and the walking trail was something you were promised when you bought the property, right?
Eric:
Correct. It was in the, I mean, it was in the description when we looked at the home, the amenities that come.
Jason:
Okay, do you have a copy of that by the way?
Eric:
Yeah, I do. It’s with our deed and everything.
Jason:
Okay, please send it over to us, okay. Oh, it was on the deed?
Eric:
I mean, not on the deed, but it was all in that stuff with closing and paperwork and everything.
Jason:
Okay, so who gave the right to sell that out from under the homeowners.
Eric:
We can’t find that out! No body will tell us.
Jason:
Who have you asked?
Eric:
We’ve asked David Zeiler, we’ve asked Quentin, we have asked Izak, which Izak had just bought the apartments and I think 26 homes. They are 20 something homes in 2013, which and he says the deal was done before he bought the stuff, so he don’t know. He don’t have any idea. So, anyways, after this meeting, we’re pretty, Russ and myself were pretty mad, because okay we paid —
Jason:
Now, that’s Russ O’Hare is who you’re referring to when you say Russ, right?
Eric:
Correct, yes.
Jason:
You’re mad? That’s what you said?
Eric:
Yeah, we were pretty mad after the end of this meeting. We had no questions answered, which we went there for and all they wanted to push was this proposal, that’s it. They wouldn’t answer much else. Well, we’re not here for this, we’re here for this proposal at this time. This has to be at a different meeting. So, and then this first time Russel O’Hare, Bobbie O’hare, myself and my wife, Bonnie McColgin had all met just at this first meeting and it’s funny, because we’ve kind of become friends now over this, because me and Russ were we’re not getting our – we pay $650 a year in HOA dues.
We’ve added it up between the homes and the apartments, it’s something like $60,000 a year this HOA is getting from us and all they can provide or show for us is this clubhouse and pool. The trails aren’t getting taken care of. The tennis court is just – the grass is growing up. I mean, the kids can’t play there. The pond area don’t get muddled. I mean, so we’re like, where’s all this money going? Where’s all this? So, we started investing it.
Jason:
Where do you think it’s going?
Eric:
Well, we started investigating it more, we, the numbers we get – well, after long, Bobbie and Russ did a lot of investigation. I drive a truck and I’m on the road a lot and so we had met with the – at the time was the mayor at Grain Valley with this home addition was approved and he said all this stuff is not right what they’re doing.
Jason:
The mayor said this to you?
Eric:
Yes.
Jason:
What’s the mayor’s name? The mayor of Grain Valley?
Eric:
He’s not now. He was when this home addition was approved eight years ago. I have to look his name up. I’ve never met with him. I’ve talked to him on the phone once. I can’t recall his name and he happens to be an attorney too for a few HOAs in the Kansas City area, so he told us, he said, you guys need to look into this, because there’s stuff going on, so we did. He told us how to request the books and all this from them and we’re HOA members, so we have the right to see where our money is going. So, we did, we requested this stuff in writing.
Jason:
From who? From Results Property Management?
Eric:
We sent the letters to Results Property Management and we sent them to David Zeiler and we sent them to Izak and see, Izak holds, before now, Izak held four spots on our HOA board, an investor in California holds four spots in our HOA board and anyways now it’s not the case. We got that settled, he’s agreed. Bobbie O’Hare and my wife are now apparently on the board just recently got this, I guess, I guess this month.
So, anyways, Izak tells them to give us what we want – tells Quentin and Results and David Zeiler. So, Bobbie goes up there and makes copies of stuff and we’re going through the – all these pages of different stuff. Money coming in, where’s it going, where’s this that and the other, and we’re adding stuff up and we’re seeing, okay, charges for homes and apartments fixes from some companies. We saw Metrowide something company.
Jason:
Yeah, Metrowide Building.
Eric:
Yes, Metrowide Building. Okay, some other stuff and we look – we have a list of every home that’s a homeowner and every home that lives there and then the homeowners that live out of state and we start looking at these addresses and a lot of them are Izak’s homes and apartments that these repairs and charges are being charged to, but billed to the HOA.
Jason:
That’s not fair is it.
Eric:
No.
Jason:
You suspicion or maybe you’ve actually got evidence this. It sounds like – maybe you can clarify whether it’s a suspicion or you think it’s just a fact at this point, but what you’re saying is Izak is getting preferential treatment and the homeowners association collectively is picking up the bill for repairs and maintenance of his individual properties. Well, that same association doesn’t repair your property, right?
Eric:
Correct.
Jason:
Okay, is that pretty much – do you have conclusive proof of that now with all those papers? The O’Hares send over a bunch of papers. We haven’t had time to look through all of them yet, but do you feel like that’s pretty conclusive or not?
Eric:
I feel it is. It’s – our accusations, our suspicions with further investigation have found to prove what we’ve been thinking since this meeting in December of this proposal and these records we show and, I mean, there’s mowing. All of Izak’s rental properties gets mowing done, but none of the homeowners yards get mowed or taken care of. We do it ourselves, but there’s mowing fees for all these properties and there’s paper work being billed to pay by the HOA.
Jason:
Well, first of all. Who is in control of that money and who would be doing that? Would it be Results Properties Management and Quentin Kearney that would be in control of that?
Eric:
Yes. Results and Quentin are in charge of the HOA money and approval – they get approved, from the way we sounds and found out, they get to decide the final decision. Well, actually, I’ll tell you this. My wife and I, we’re seeing pool maintenance bills. We’re seeing this. We take care of a pool for my wife’s grandmother. I know what it runs, I what it costs to run a pool in December. These charges were just ridiculous. I don’t remember right off the top of my head. There is $6-7,000 for three months, something like that.
Jason:
Running a pool? I used to have a pool and it was $60 bucks a month for the guy to come once a week.
Eric:
Yeah, for running the pool it was between $6-7,000 for three months for cleaning it, you know, doing all the pool stuff.
Jason:
Wow. Now, why do you think and I know you may have to speculate here, because you may not know, but if you did, what is your thinking on why Quentin Kearney or Results Properties Management would pay for Izak Bencuya’s stuff and not your stuff? Pay for his maintenance and not yours?
Eric:
Yeah, I’m speculating, because I don’t have a clue why. I don’t know Quentin very well, I don’t know none of Results people very well, but from what I think is, it was, I don’t know if it was part of the deal when Izak bought these places and said, well, it’s got an HOA, they’ll pay for all this stuff. I don’t know, but it’s not right is what it’s not, you know? Our HOA pays for the trash bins for Izak’s apartments. You know, the mowing around the apartments we pay for the HOA, his rentals, the fixtures in the apartments and we’ve come to find out Izak’s electricity on his apartment is all wired into the clubhouse, so basically the HOA is paying for the electricity of the apartments too, like the hall lights and stuff.
Jason:
How do you know that? How do you know that it’s wired in there?
Eric:
We called KCPNL, we have all the lot numbers, which Kansas City Power and Light is who the electricity source is out there and they told us, they said there’s only one – all these lots are on one bill for the clubhouse that no body is ever there hardly throughout the year. We have an electricity bill of about $800 a month.
Jason:
Wow. That’s amazingly expensive.
Eric:
Yeah. And that’s the average for the 12 months a year. That’s from KCPNL from what they told us. That’s, there’s numerous stuff in these papers we’ve got Bobbie and Russ got copies of. I can’t think of all of them off the top of my head right now.
Jason:
Eric, what would you like to happen out of this situation? What would be your goal in talking about this? I mean, you called me and asked to come on the show. What do you want to happen? What would be a good ending to this whole thing?
Eric:
Well, a good ending would be, I would like to see Results out of this deal, period. Out of our HOA and I want to investigate them and I think they need to replace some of our HOA money.
Jason:
So, you’d like to see Results Property Management go away and return the money that you believe they’ve taken from the homeowners association, is that correct?
Eric:
Correct. The numbers we have when the old management company and I don’t know how this got done either, I can’t get to the bottom line of it, but there was an old management company that the builder of the homes was using or may have been them, I don’t know.
Jason:
I believe that was Curry Property Management was the old company.
Eric:
Yes, Curry, Curry, and they had something like $40,000 and something in reserves for our HOA when their last tax filing when Results company took over and now we’re showing we have, I don’t know, $5-6-7,000 in there.
Jason:
Where do you think all that money went?
Eric:
Well, it’s going for all these miscellaneous charges. They are charging our HOA.
Jason:
Who’s charging? Who’s getting that money?
Eric:
Well, that’s Metrowide Building services.
Jason:
Metrowide Building, yeah, which is a company owned by, from what I understand, Quentin Kearney, so did you know that he owned that company? Was that apparent to you?
Eric:
Well, I did, because we’ve been investigating all this together. So..
Jason:
Okay, but you didn’t know it before, is that what you’re saying?
Eric:
No.
Jason:
That was news to you? Was that a surprise to you?
Eric:
It was, but the way Quentin acts with us and around us, it doesn’t surprise me really, but it kind of was. I can’t recall who owns this so called pool company that does our maintenance, but they’re tired in with Quentin’s family. The mowing crews that come around that do the rental properties and apartments and snow removal are tied in with Quentin’s family. Quentin or Ken, one of the two, it’s all tied in together.
Jason:
So, it sounds like you’re saying and don’t let me put words in your mouth. I want you to say it, but I just want to clarify for the listeners Are you saying that Quentin is engaged in conflicts of interest here?
Eric:
Yeah.
Jason:
And did not disclose that he had these ties to these other business that are billing your homeowners association and have potentially dissipated all the money in the account? I mean, you had $40,000 it sounds like and just, that money is pretty just disappeared, right? It’s evaporated it sounds like.
Eric:
Correct, yes. Yes. I am saying that. From everything we’ve investigated, it all is tied into – and to top it off, on these pages we get, our Metrowide Builders doing repairs and this and that, there’s no, it’s not an itemize bill. It don’t show what they repaired or what bought or fixed. It’s just a bill for a set amount of money, same for the pool.
Jason:
No itemization, yeah. Does it show who did the work? Who the contractor was? Or does it just say Metrowide Building on it and no body else?
Eric:
It says, it says Metrowide Building and that’s it on the receipt.
Jason:
Now, I want to clarify a couple of things for the listeners too. You called me and we talked for maybe one minute before this call, right, we don’t know each other and haven’t had any connection or anything, is that correct?
Eric:
Correct. I called you, talked one minute before this conversation.
Jason:
So, we didn’t plan this or anything. These are all spontaneous answers on your part.
Eric:
Correct, yes.
Jason:
This is just an amazing story, it really is. The more people I hear from and there’s no been three and I know other people who have had the same experience including myself, not with the homeowners association, but with a property management, it’s really very disheartening. Is there anything else you’d like to tell the listeners as we wrap up?
Eric:
Yeah, I would say I wouldn’t trust using anybody with the Results – they have a couple of Results Real Estate, Results Management Company, they just seem, they’re not good a company to me. Another thing we’ve, real quick, we’ve wondered and asked, any time a check is made on our behalf of our HOA account, there should be at least two signatures, you know, somebody from the board and the management company and this doesn’t happen. It’s just Quentin’s signature or I can’t recall her name, Carrie, a lady in his office, I think, or it might be a guy, I don’t know.
Jason:
Well, I know there’s an Elena Gartlet and that’s someone we’ve had some trouble with at his office. I think that’s her name. I could be wrong and remembering that incorrectly, but that’s not the person you’re referring to.
Eric:
No, it’s – I want to say it’s Carrie or something like. I can’t recall, but and we’ve asked for other bids on mowing, on the pool maintenance, and this. We think we should have three bids and take the lowest bid, you know, for the best job and we can’t get that done either. So..
Jason:
So, there’s no bidding? All of the business just goes to Quentin’s companies or his affiliates he has connections with you’re saying, right?
Eric:
Correct. Yes.
Jason:
So, there’s no estimates, there’s no quotes from other contractors. It sounds like there’s no open market, there’s no free marketing existing here. Is that what you’re saying?
Eric:
Yeah, that’s what I’m saying. We’ve asked for it and we can’t get it. So..
Jason:
Who have you asked?
Eric:
We’ve asked Izak as that’s who we have most contact with. We’re lucky if we get Quentin to call back or answer any of our questions, so we have to go through Izak, which is the holding president of our HOA.
Jason:
Right, but Izak, it sounds like Izak has a real conflict of interest with you. I mean, he’s on the opposite side of the table in terms of the benefits here. Do you believe that Quentin and Results Property Management have an obligation to do right by you that they should be representing interests? I mean, they are your management company? Should they be getting bids on the open market from at least three vendors before these services are paid for with your money?
Eric:
Yeah, we do and that’s what we’ve been trying to push for also, but we can’t get it done and here’s what we’re told and this was before, like I said, my wife’s on the board of the HOA now and so is Bobbie O’Hare, I guess it was May it took effect. They are both new members there, but we wasn’t on the board, so our opinions and concerns really didn’t matter and that’s how we were treated from Results, from Quentin, from David Zeiler, the lawyer, which was supposedly the HOA attorney.
Jason:
Amazing. Okay, well, thank you for sharing your story. We’ll let you go, but we appreciate you coming on and maybe this will help some other people, so thank you for being on the show.
Eric:
Alright, thank you.
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