Cynthia
Scottsdale,#2REBUTTAL Owner of company
Mon, July 22, 2013
No one came out of this situation happy. We're not a large company and the owner of the condo isn't either. They're simply a couple attempting to find a decent investment for their retirement plan and thought the condo could be that. Everyone lost in this unfortuate incident.
There were a few minor repair items that had been scheduled to be completed but the property manager left for vacation without having the items completed. With the discovery of mold we immediately put the tenant up in a local hotel, one that would accept her pet as well, and when she decided she didn't like where she was we worked with her to get her into a hotel that better met her requirements. The property owner and SAZREC did everything in our power to make sure the tenant was taken care of. We went beyond what the law requires because it was the right thing to do.
After tearing apart the wall in the air exchanger closet it was discovered there was a water leak from a unit above. This was a ground floor condo with 2 units above. Eventually it was determined that the AC in the top floor condo had a leak in the condensation line. Each of the units in the building are owned by an individual, some were second homes or rentals, and there is a homeowners association to work with as well, so you can imagine that it took time to contact and then negotiate with the owners in the units above to gain access to their unit to determine where the leak was and then repair it.
Working with the HOA, the other owners, and the various vendors for remediation and repairs, it took about a month to complete the initial work and confirm that the leak had been stopped so that it was safe to put the wall back together as well as make all of the other repairs noted by the tenant on her walkthrough. By that time the tenant had found another place to live so my clients, the Shein family, compensated the tenant for her troubles to assist with the move.
As stated above, this was a terrible situation for everyone. It was made worse by an agent who, instead of working with us to try to make things right for the tenant, attempted to create as much adversity and chaos as possible. After complaints to the agent's broker the agent finally stopped contacting us directly but continued to sow discontent and adversity with the tenant. We recognized what an awful situation this was for the tenant so we went beyond what we were legally required to do in an attempt to minimize the disruption to her life. We even offered to help her find alternative housing while putting her up in Homewood Suites and covering the cost of her food. We're grateful she was able to find alternative housing and, although I'm certain she would have liked more money than she was given, we were assured by our attorney that the compensation she received was more than generous.
I don't blame the tenant for being upset as it was a terrible disruption to her plans and her move. I do however think her agent did the tenant and everyone else involved a disservice by being so devisive and such a negative influence. The situation was bad enough without her adding more disruption and poison to the situation.
In the meantime, thousands of dollars and several weeks after the tenant removed her belongings the homeowner was still dealing with the 2 units above to ensure the mold has been completely remediated.