ComplaintsforAmerican Home Team Realty, LLC

• Initial Complaint

  06/17/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  American Home Team Realty is one of the worst companies to use for your community. From harassments to theft, They are there to pump as much money as possable from the community. They have towed 3 of my vehicles off my property. They try to etomidate, and bully you. They don't play the the law, but will recite numbers form bylaws. I'm tired of being the nice guy, and continue to take the abuse. I will see you in court. --Update -- Lets be clear. My Vehicles are registered private vehicles. Your violations stateed that there were to be no advertisment on my vehivcles; at which the decales were removed a day after receiving the letter. That's why my truck was allowed unbothered for a year, not because you gave us a year. Please reframe from misusing information to humiliate me. I only have two trucks here. The first Green Car you towed illegally , then yesterday you removed 2 of my trucks. This is what you do, As I stated, you tried to place the rules on the bylaws, but you do not follow the law. You cut corners and try to hide behind the pen. American Home Team Realty are not following the rules. I talked to you over the phone and informed you that the next time you illegally take my vehicles that i would make it public and legal. There was no proper notification on my vehicles not the Green Pontiac you all took a year ago Not the White 2004 Coverlet Silverado Nor the tan 2004 GMC sierra The Law 5. Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or vessel is subject to being removed at the owner's or operator's expense, any property owner or lessee, or person authorized by the property owner or lessee, before towing or removing any v

  Business response

  08/03/2022

  Business Response /* (1000, 5, 2022/06/20) */ The residence at ******************** have been sent several notices regarding their commercial vehicles being parked on********** property. Mr.********* does not park any of his commercial vehicles on either of his two designated parking spaces. In actuality, he has not been even been parking in a parking space. As for the Pontiac, this was one of three vehicles that showed up on the property with no license plates. I had put a notice on the windshield that the vehicle would be towed. The notice was gone withing 24 hours, but the car remained there for another two weeks. I had no idea who owned the vehicle seeing it had not plates. Notified the Winter Springs Police and they told me to go ahead and have it towed. I have sent many notices to the owners and asked that they find a place for their commercial vehicles. I spoke to them over a year ago and asked that they find a new place to park them. I gave them over a year, I sent another notice with pictures of the vehicles and they still did not do as what is per the ByLaws which states no Commercial Vehicles. I sent a last notice in March to let them know I would tow them if they were not removed. The vehicle remained on the property so they were towed two months later. I have attached pictures and notices of the vehicles that we are referring to along with notices that have been sent. I have also attached the ByLaws and the Rules and Regulations. Please note, just because there are no names on the vehicles they are still considered commercial due to the heavy equipment for your pressure washing company as you can see in the pictures that have been provided along with the notices sent. Consumer Response /* (3000, 7, 2022/06/23) */ (The consumer indicated he/she DID NOT accept the response from the business.) Generally speaking, The Association is not permitted to tow from public streets because only a land owner is privileged to tow from their property. Because the roads are dedicated to the public, the Association does not own the property for the purposes of towing. Because the Association does not own the public streets, enforcement of on-street parking restrictions on streets and roadways against homeowners within the Community falls within a grey area of the law. It can be argued that the Declaration is akin to a contract between the Association and each of the individuals purchasing a home within the Community. Under this theory, the Association could enforce the parking restrictions on the public streets against vehicles titled in the name of the record title owner. For example, by virtue of purchasing a home within the Community, the record title owner has agreed, contractually to comply with al parking covenants and restrictions. While in theory the Association should be able to enforce the parking restrictions against such record title owners if an on-street prohibition is stated in the Declaration, the practical application of this theory leaves much to be desired. For each and every potential violation, the Association would need to verify that the violating vehicle is, in fact, titled in the name of the record title owner. If the vehicle is owned by anyone else, including a guest, invitee, or other family member of the record title owner, the vehicle cannot be towed or touched. Even under our contract theory, non-record title owners such as guests, invitees or other residents will not be subject to the restriction because they did not take title to the property and are not part of the contract. Since the Association does not have the legal authority to run real-time license plate checks, it is extremely difficult to enforce parking restrictions on public streets. Even if the Association were able to run a tag to connect a record title owner to a vehicle registered in the record title owner's name, the vehicle still could not be towed. The Association would therefore have to proceed with non-towing remedies. The Association may send notices and/or post stickers on vehicles advising of the Association's restrictions and inquiring into the ownership status of the vehicle, and if ownership is confirmed, potentially seek injunctive relief if there is a continuous violation. However, the Association may not tow the vehicle. If the Association pursues injunctive relief, it may be possible to obtain a court order prohibiting the Owner from parking on the public streets. At least one out-of-state jurisdiction has approved such action, but please note, it may take up to six to nine months to obtain such a Court Order. Business Response /* (4000, 9, 2022/07/06) */ ********* Community owns all the land which includes the parking lots. ********** is responsible for maintaining the exterior of the buildings and the parking lots. The streets are owned by City of Winter Springs which they have an ordinance which does not allow street parking. The owners of each townhome is allowed two parking spaces. Within those two assigned parking spaces, we will not tow any vehicle for any reason as long as the vehicles are parked in their individually assigned spaces are theirs or they have permission of the townhome owners. Beyond that, the Association is allowed to tow commercial vehicles along with what is considered abandon vehicles which do not have a license plate or is viewed as being abandon. This is all in the ByLaws that each and every owner is given the Documents prior to a sale of a/any townhome. Once the sale is complete we assume that every homeowner would abide by the Documents of the community. Also, there were several notices given to this individual to remove both the abandon vehicle along with commercial vehicles that were not in the homeowners specified assigned parking spaces. If they were in dispute with these notices, they should have contacted the Management Company so it could have been discussed with the Board of Directors. American Home Team Realty, LLC is under the discretion of the Board which is also going by the ByLaws of the community. American Home Team Realty along with the Board of Directors do not have any intention of reimbursing complainant for any the towing expenses. The board had every right to have the said vehicles towed. This is the fault of the owner of ******************** for not following the ByLaws along with violation notices regarding vehicles that had been towed. Consumer Response /* (4200, 11, 2022/07/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) The only true recourse is a law suit. To get my money back. Lawyer will be contacting you soon.

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