Hoa has not returned deposit. How should i proceed? (Miami: rental, loft)

[detdime83]

I attempted to rent a loft at a community on Miami Gardens Drive. After paying first/last/security to the owner, I was asked to complete the HOA application. The application fee 100, move-in fee 175 (non refundable), 200 move in deposit (refundable) and 250 common area deposit (refundable). THE FEES WERE PAID DIRECTLY TO THE HOA. A day before I was to move in I was advised by the HOA the owner of the unit was deliquent on her HOA dues and they were unable to approve my application until the matter was resolved. ( Yes! The HOA knew she was deliquent before they took my money). I cancelled the contract immediately. The deposits I paid to the landlord was return the next day by my realtor.

ALL THIS OCCUR ON 11/04/10. TO DATE I HAVE NOT RECIEVED MY DEPOSIT FROM THE HOA/PROPERTY MANAGEMENT COMPANY. I SUBMITTED A REQUEST TO HAVE THE FUNDS RETURNED TO ME AND I HAVE NOT RECIEVED ANYTHING. According to the lease, I could request my deposit 14 days after I moved out....Well I never moved in and still honored this request. I requested my deposit on 11/13/10. I called to follow up on my request property management company is not answering the phone. Emails...BELOW

12/01/10
XXXX,



What is the status of my deposit refund? Specifically, have you mailed it? Or when do you intend to mail it?

The status on your refund check is the same as paying the bills:

Bills are paid twice monthly
Bills are reviewed and signed by Board members
Your refund check has been made, not signed
Once signed, it will be mailed
I await the checks to be returned with signatures
I intend to mail it once it is in my possession
I cannot speak on the actions of others whom are reviewing the bills and sign them

12/06/10

XXXX,



I have not received my rental deposit for [mod]deleted property name[/mod]. I formally requested my deposit via on 11/13/10. While I have been made aware of your billing and payment procedures, I requested my money over two weeks ago and I want my funds returned to me immediately. Please advise via email when my check is signed and mailed.

I have been nothing but kind, forth coming, considerate and understanding. Your tone in the e-mail below is rude, demanding and unprofessional. If you are desirous of speaking to me Ms. Morris, your demanding attitude and accompanying “I want this immediately” will indeed fall on deaf ears. I am 53 years old, been in business over 35 years, and no one will speak to me in that threatening tone. Are we on the same page Ms. Morris????

If you wish to speak to me civilly, please request you deposit to me with an address to forward said check.

Admittedly, you have been kind, considerate, understanding and forth coming. The intent of previous email was not to be offensive, rude, or unprofessional. I simply want my deposit returned to me. As previously stated, I requested the deposit on November 13, 2010. After submitting the request over two weeks ago, how can requesting my funds "immediately" be perceived as demanding and threatening? Nevertheless, please forward the check as soon as possible to XXXXXXXXXXXXXXXXXXXXX

AFTER THIS EMAIL, I HAVE EMAILED AND CALLED AND RECEIVED NO FEEDBACK. wHAT SHOULD i DO?





xxxxx

As of today,12/10/10, I have not received my deposit for [mod]deleted property name[/mod]. The original request was submitted 11/13/10. When can I expect to receive it?

Bob,


As of today,12/12/10, I have not received my deposit for [mod]deleted property name[/mod]. The original request was submitted 11/13/10. When can I expect to receive it?

[boxus]

Civil court.

Send a certified letter with return receipt outlining specifically what you want (your money), and what you are going to do if you do not get it (civil court). This is your ultimate and final proof that you will submit to court to show you tried to resolve the issue.

Threatening? No. Demanding? Yes.

When making the letter, put a time line, such as "reply no later than 5 business days.", or something like that.

If no reply at all, go straight to court. If there is a reply, evaluate if there is going to be a good effort to get your money back or not.

Either way, the guy responding to you sounds like an elitist egotistic jerk.

But to let you know, it generally takes six to eight weeks to get a refund check like this, I have never gotten one faster than four weeks, never longer than eight weeks. So I understand your needing this money, but a little more patience is needed in my opinion.