Certified mail sending

LoriF3 (South Carolina)
Posts: 240

Posted:

So I paid 6 something to mail a certified letter to our current property management company .The USPS said it would be there by Wednesday ( I mailed Monday ) .I tracked it and this morning I see that a note was left because no one was there to sign for it .
Now I guess it goes to the post office where the person is to go get it and if they don't do it in 5 days they make a second attempt and then a note and 5 more days .
Then it gets sent back to me .

I am so furious it has had to go this far and its not shocking no one was in the office .

I just think its criminal that they are refusing to answer a simple question.

If I get it returned what else can I do to get a answer ?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A certified letter is used to show that one has tried to communicate to that party. It being returned shows the court that an attempt to communicate was made and refused. Do not open that letter if returned. Needs to stay sealed and shown dates returned if you need to take this farther down the line.

What is the question that your having? Why does the MC have to answer it? Doesn't your HOA have meetings? The MC is to do what the HOA Board tells them to do. So wondering why issue is not being taken to the board?

Do you have a copy of your CC&R's or By-laws? Most questions can be found there.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our policy is the MC is only allowed to talk to the BOD Members. He is not an errand boy for an unhappy owner. Any records request must be in the form of an Email sent the BOD. We will gladly have the MC give a copy of any financial report, with the exception of the deliquent list, to any owner. They simply have to request such via the BOD.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Lori, is the MC also the registered agent?

With the problems you are having, I would have sent the letter to the registered agent,

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By MelissaP1 on 09/21/2017 5:13 AM
A certified letter is used to show that one has tried to communicate to that party. It being returned shows the court that an attempt to communicate was made and refused. Do not open that letter if returned. Needs to stay sealed and shown dates returned if you need to take this farther down the line.

What is the question that your having? Why does the MC have to answer it? Doesn't your HOA have meetings? The MC is to do what the HOA Board tells them to do. So wondering why issue is not being taken to the board?

Do you have a copy of your CC&R's or By-laws? Most questions can be found there.

I have a question as do some others in my subdivision .I have called and asked the question with no response other than "why do you want to know ".

We have meetings but they are sporadic and the last one was held on the same day as our annual yard sale ,So I had been up since 5 am and did the sale till 12 and then had the meeting at 12:30 only thing on my mind was getting something to eat and resting .
Oh and our MC does what ever it wants to and if you don't go along with that they yel at you so there is that .

I have asked the ones who are suppose to be on the HOA but not one of them knows the answer either .

I want to know if we have a contract with the MC and if so how long and things like that because they are not doing a good job .( part of me wishes we could just dump the whole hoa thing since we don't have that much here other than grass cutting in the common area .( no pool .clubhouse ,etc.)

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By JohnC46 on 09/21/2017 5:57 AM
Our policy is the MC is only allowed to talk to the BOD Members. He is not an errand boy for an unhappy owner. Any records request must be in the form of an Email sent the BOD. We will gladly have the MC give a copy of any financial report, with the exception of the deliquent list, to any owner. They simply have to request such via the BOD.

This is what we do not know we have papers which show there was original bod though after we looked into the names ( they all were associated with the developer )
Now the subdivision is about 19 years old and just now the developers have chosen to bull doze a treed lot to place for sale .
Three of names listed 1 resigned ( paper work was found ) now the other 2 we do not know anything about .

We do not know anything else no one seems to know either

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By TimB4 on 09/21/2017 7:27 AM

Lori, is the MC also the registered agent?

With the problems you are having, I would have sent the letter to the registered agent,

Hmm I don't know, who I sent it was the owner of the PMC we currently are stuck with

TimB4 (Tennessee)
Posts: 21,059

Posted:

A registered agent is a responsible third-party who is registered in the same state in which a business entity was established and who is designated to receive service of process notices, correspondence from the Secretary of State, and other official government notifications, usually tax forms and notice of lawsuits on behalf of the Corporation.

Typically, this individual is an attorney but can be anyone.

Discovering who the registered agent is, and their mailing address, is as simple as contacting the State Corporation Commission.

Give the MC the opportunity.
If the mail isn't picked up (and is returned) - don't open it.
Or, If the mail is picked up but not responded to then same the same request to the registered agent.

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By TimB4 on 09/21/2017 1:21 PM
A registered agent is a responsible third-party who is registered in the same state in which a business entity was established and who is designated to receive service of process notices, correspondence from the Secretary of State, and other official government notifications, usually tax forms and notice of lawsuits on behalf of the Corporation.

Typically, this individual is an attorney but can be anyone.

Discovering who the registered agent is, and their mailing address, is as simple as contacting the State Corporation Commission.

Give the MC the opportunity.
If the mail isn't picked up (and is returned) - don't open it.
Or, If the mail is picked up but not responded to then same the same request to the registered agent.

Okay I will wait to see if the mail gets picked up I am suppose to get the green card back if and when it happens.

I did see a law firm listed on the secretary of state web site never had I seen the name and never knew about them until I saw it on the site .

thank you someone is also looking for a attorney to help us

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By MelissaP1 on 09/21/2017 5:13 AM
A certified letter is used to show that one has tried to communicate to that party. It being returned shows the court that an attempt to communicate was made and refused. Do not open that letter if returned. Needs to stay sealed and shown dates returned if you need to take this farther down the line.

What is the question that your having? Why does the MC have to answer it? Doesn't your HOA have meetings? The MC is to do what the HOA Board tells them to do. So wondering why issue is not being taken to the board?

Do you have a copy of your CC&R's or By-laws? Most questions can be found there.

This has been discussed a lot in several different threads over the past week or so. Do try to keep up, dear.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By LoriF3 on 09/21/2017 4:16 AM
So I paid 6 something to mail a certified letter to our current property management company .The USPS said it would be there by Wednesday ( I mailed Monday ) .I tracked it and this morning I see that a note was left because no one was there to sign for it .
Now I guess it goes to the post office where the person is to go get it and if they don't do it in 5 days they make a second attempt and then a note and 5 more days .
Then it gets sent back to me .

I am so furious it has had to go this far and its not shocking no one was in the office .

I just think its criminal that they are refusing to answer a simple question.

If I get it returned what else can I do to get a answer ? DO NOT open that returned letter. If the situation ends up in Court the Judge can open with proof that you sent the enclosed letter.

You next step is potentially seeking Court to make them provide.

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By JanetB2 on 09/21/2017 10:13 PM

Posted By LoriF3 on 09/21/2017 4:16 AM
So I paid 6 something to mail a certified letter to our current property management company .The USPS said it would be there by Wednesday ( I mailed Monday ) .I tracked it and this morning I see that a note was left because no one was there to sign for it .
Now I guess it goes to the post office where the person is to go get it and if they don't do it in 5 days they make a second attempt and then a note and 5 more days .
Then it gets sent back to me .

I am so furious it has had to go this far and its not shocking no one was in the office .

I just think its criminal that they are refusing to answer a simple question.

If I get it returned what else can I do to get a answer ? DO NOT open that returned letter. If the situation ends up in Court the Judge can open with proof that you sent the enclosed letter.

You next step is potentially seeking Court to make them provide.

Thank you we are looking for attorneys now things just seem fishy to us and no one knows anything it seems

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JanetB2 on 09/21/2017 10:13 PM

You next step is potentially seeking Court to make them provide.

Disagree.

To me the process would be:

1) Ask the Board for access to records.
2) Send certified letter to Board asking for access to records
3) Send certified letter to registered agent asking for access to records
4) Have an attorney send a demand letter on your behalf.

OR

4) If the State has an ombudsman, contact them to see what they can do.

THEN

5) Now consider seeking relief through the courts

OR

5) Gather support and get yourself voted onto the Board and look at the records.

OR

5) If an MC is used and licensing is required, make a complaint against the license.

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By TimB4 on 09/22/2017 7:35 AM

Posted By JanetB2 on 09/21/2017 10:13 PM

You next step is potentially seeking Court to make them provide.

Disagree.

To me the process would be:

1) Ask the Board for access to records.
2) Send certified letter to Board asking for access to records
3) Send certified letter to registered agent asking for access to records
4) Have an attorney send a demand letter on your behalf.

OR

4) If the State has an ombudsman, contact them to see what they can do.

THEN

5) Now consider seeking relief through the courts

OR

5) Gather support and get yourself voted onto the Board and look at the records.

OR

5) If an MC is used and licensing is required, make a complaint against the license.

Thanks I did look up ombudsman its only for the elderly here

As to the board well we are still trying to determine who it is .Its very complicated and I and another person are trying to find out with no luck .

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 09/22/2017 7:35 AM

Posted By JanetB2 on 09/21/2017 10:13 PM

You next step is potentially seeking Court to make them provide.

Disagree.

To me the process would be:

1) Ask the Board for access to records. LOL ... OP stated already done!
2) Send certified letter to Board asking for access to records. OP has stated already WAITING on said response!
3) Send certified letter to registered agent asking for access to records. OP has potentially already asked everybody and their DOG for said information and received ZERO response. In many HOA's the "registered agent" is the HOA. So ... who else is Lori supposed to ask?
4) Have an attorney send a demand letter on your behalf. YEP ... that is potentially where the OP is now in the position.

OR

4) If the State has an ombudsman, contact them to see what they can do. LOL ... I do not see one and you are in that area ... Do you know of one?

THEN

5) Now consider seeking relief through the courts. That is potentially where OP is at currently ...

OR

5) Gather support and get yourself voted onto the Board and look at the records. Agree ... this is an option ... depending on circumstances.

OR

5) If an MC is used and licensing is required, make a complaint against the license. LOL ... I currently have zero faith in such avenues. I and other owners had a developer who was a Federal Grantee and violated BOTH State and Federal Laws. Even though the issues were discussed with various entities such as local City, State Senator and Congressman, etc. they ALL chose to turn a blind eye to violations of criminal laws. It finally took filing a lawsuit to get results.

LoriF3 (South Carolina)
Posts: 240

Posted:

As to the records someone who is on our hoa has asked to see them ,he keeps brushing her off ,or getting mad she wishes to see them .
Something is definitely wrong and I do not trust this place to be honest .

TimB4 (Tennessee)
Posts: 21,059

Posted:

Janet,

two things.

I was simply disagreeing with your earlier statement about when an attorney should be involved. I then provided, in my opinion, the process and options I would use from start to finish as a guide for all not simply this specific situation.

Just so you are aware. Using quotes the way you are and then bolding your answer is, for me, simply hard to read. Therefore, in your longer replies using that method I tend to simply skim it rather then read it. Continue posting how you desire. I'm just stating how it affects me.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 09/23/2017 5:01 AM
Janet,

two things.

I was simply disagreeing with your earlier statement about when an attorney should be involved. I then provided, in my opinion, the process and options I would use from start to finish as a guide for all not simply this specific situation.

Just so you are aware. Using quotes the way you are and then bolding your answer is, for me, simply hard to read. Therefore, in your longer replies using that method I tend to simply skim it rather then read it. Continue posting how you desire. I'm just stating how it affects me.

I agree. Hard to read so I only skim most of her replies.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 09/23/2017 5:01 AM
Janet,

two things.

I was simply disagreeing with your earlier statement about when an attorney should be involved. I then provided, in my opinion, the process and options I would use from start to finish as a guide for all not simply this specific situation.

Just so you are aware. Using quotes the way you are and then bolding your answer is, for me, simply hard to read. Therefore, in your longer replies using that method I tend to simply skim it rather then read it. Continue posting how you desire. I'm just stating how it affects me.

LOL ... Potentially those who DO NOT like my sometimes posting method ... would want others following a post to go back and forth above to read and try to determine exactly what I am responding to ... By using quotes and "Bolding my Answer" they know EXACTLY what my response is ... to any specific question. If you want to "skim it" then just read the bold information; however, if you may disagree with said Bold item all you need to do is read the above text to determine your response vs having to read through the entire thread to see exactly why I was responding and to which post. If you or anyone finds that difficult to read ... then that is your personal issue.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JohnC46 on 09/23/2017 6:05 AM

Posted By TimB4 on 09/23/2017 5:01 AM
Janet,

two things.

I was simply disagreeing with your earlier statement about when an attorney should be involved. I then provided, in my opinion, the process and options I would use from start to finish as a guide for all not simply this specific situation.

Just so you are aware. Using quotes the way you are and then bolding your answer is, for me, simply hard to read. Therefore, in your longer replies using that method I tend to simply skim it rather then read it. Continue posting how you desire. I'm just stating how it affects me.

I agree. Hard to read so I only skim most of her replies.

See response to Tim above ... if you are skimming you are looking at the bold items and not having to research the post I was responding to in the first place. WHY ... because it is THERE with my response.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JanetB2 on 09/25/2017 8:51 PM

LOL ... Potentially those who DO NOT like my sometimes posting method ... would want others following a post to go back and forth above to read and try to determine exactly what I am responding to ... By using quotes and "Bolding my Answer" they know EXACTLY what my response is ... to any specific question.

And by using quotes and simply responding below it does the same thing.

Quote:

Posted By JanetB2 on 09/25/2017 8:51 PM

If you or anyone finds that difficult to read ... then that is your personal issue.

I agree, it's our issue and not yours.
I was simply pointing it out as others may have the same issue and, if that is the case, you responses become less helpful for those they are intended to help.

Simply providing some feedback.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Janet

I have no problem with your way of responding excpet the type is to small. Make the type bigger or find another method.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JohnC46 on 09/26/2017 3:50 AM
Janet

I have no problem with your way of responding excpet the type is to small. Make the type bigger or find another method.

That may be more of the issue.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Looking at my response to you John, with the quote, it may be a function of the quotation. As the quotation text is smaller then a typical posting.
Hence, when the reply is within the quotation, the reply is smaller text as well.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JohnC46 on 09/26/2017 3:50 AM
Janet

I have no problem with your way of responding excpet the type is to small. Make the type bigger or find another method.

test

test

LoriF3 (South Carolina)
Posts: 240

Posted:

Well as far as I know the letter is just sitting at the post office . I still don't know how to get an answer to my question .I wasted 6 dollars and I don't like wasting money

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JohnC46 on 09/26/2017 3:50 AM
Janet

I have no problem with your way of responding excpet the type is to small. Make the type bigger or find another method.

Interesting ... on my computer the regular text and any bold text are the same size and fonts.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By LoriF3 on 09/26/2017 12:53 PM
Well as far as I know the letter is just sitting at the post office . I still don't know how to get an answer to my question .I wasted 6 dollars and I don't like wasting money

You need to potentially give it longer period of time ... it has only potentially been 5-6 days. You need to allow 10-14 days at minimum.

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By JanetB2 on 09/26/2017 8:54 PM

Posted By LoriF3 on 09/26/2017 12:53 PM
Well as far as I know the letter is just sitting at the post office . I still don't know how to get an answer to my question .I wasted 6 dollars and I don't like wasting money

You need to potentially give it longer period of time ... it has only potentially been 5-6 days. You need to allow 10-14 days at minimum.

I just checked the status of the letter :

On 9/20 notice left because no one was around to sign for the letter
If item is not claimed by 10/4 it will be sent back to me on 10/5 Said nothing about the postal system trying any more delivery attempts .Also knowing how inept the company is I am sure they will not bother to go to the post office to pick it up

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LoriF3 on 09/27/2017 4:53 AM

I am sure they will not bother to go to the post office to pick it up

Lori,

You need to understand the reason for the certified letter. It's to show proof (if needed) that you attempted to gain access to the records. Heck, I have homeowners who refuse to pick up certified letters period and it's an exercise in futility but since it's a requirement, we do it.

If the letter is returned as unclaimed, don't open it. Write a new letter mentioning the returned letter and send that to the registered agent.

LoriF3 (South Carolina)
Posts: 240

Posted:

Quote:

Posted By TimB4 on 09/27/2017 6:57 AM

Posted By LoriF3 on 09/27/2017 4:53 AM

I am sure they will not bother to go to the post office to pick it up

Lori,

You need to understand the reason for the certified letter. It's to show proof (if needed) that you attempted to gain access to the records. Heck, I have homeowners who refuse to pick up certified letters period and it's an exercise in futility but since it's a requirement, we do it.

If the letter is returned as unclaimed, don't open it. Write a new letter mentioning the returned letter and send that to the registered agent.

Okay I will do that thank you

LoriF3 (South Carolina)
Posts: 240

Posted:

UPDATE checked on the tracking on my certified letter and surprise it was picked up on Sept.27 .....so now I guess I wait to see if they respond to my request or not ...