(WSVN) - A property manager started helping an association and discovered a storage facility wouldn’t let them see their records and wouldn’t stop deducting money each month for the storage. Can someone deduct money from your bank account without your permission? It’s why they called Help Me Howard with Patrick Fraser.
Usually when we hear about an association, it’s a complaint.
In this case, the association is having the problem.
Alli Wilhelm: “Fiesta has definitely been victimized by — I don’t even know what to call this a loophole.”
Alli is the property manager for the Fiesta Homeowners Association in Margate who was hired in 2020 to fix the problems the 348 townhouses were facing.
Alli Wilhelm: “To get a loan for the roofs to be replaced, they didn’t have reserves to get that taken care of. They were also overdue for painting at the time.”
Making Alli’s job harder, the prior property manager had passed away, and all the association’s financial records were in a locked storage facility under his name. Alli spoke to the storage company rep.
Alli Wilhelm: “We’ve learned that the gentleman that owns this facility, this unit, is deceased, and that we have our own lock on the facility and nobody is allowed entry.
Alli tried to reason with the storage company to get her association’s records.
Alli Wilhelm: “Um, well, it’s like a brick wall, you know. They’re so stuck by their administrative policies. There’s no wiggle room with that.”
When the storage facility wouldn’t release the records, Alli’s job got tougher, as she had to gather information on all the vendors and 348 property owners.
“And I’m talking phone numbers, email addresses, license plates, decals, numbers, all of this. I’ve been collecting it along the way. I’ve been building it as I go.”
While doing all that, Alli discovered the storage company was withdrawing $248 a month for the rent where the records were kept.
Alli Wilhelm: “And they’re refusing to stop those payments.”
Alli contacted the association’s bank where she was told she couldn’t stop the storage company from withdrawing the funds from the association’s account, but she could close the account to block it.
Alli Wilhelm: “This impacts the association in a very large way.”
That’s because every vendor and all 348 homeowners would have to stop using one account and switch to a new bank account.
Alli Wilhelm: “I mean, it’s almost impossible to do this kind of a switch without seeing a negative impact.”
Alli has options, just can’t get the one she wants.
Alli Wilhelm: “Help Me Howard was called because where else can we go?”
Well, Howard, can someone withdraw money from your account even if you want them to stop?
Howard Finkelstein, 7News legal expert: “The answer is no. This case got complicated because the prior property manager put the storage unit in his name instead of the association’s name. As a result, the storage company couldn’t release the records and would need a letter from the association (cancelling the withdrawal) if the company refuses to send a copy of that letter to the bank to get them to stop payment.”
The rep at Public Storage in Tamarac refused to talk to us.
We then turned to Truist Bank, and they helped solve the problem. They told us, due to privacy, we are unable to discuss client relations, but they did what we asked and stopped the withdrawal from the association’s account for 24 months, which in reality, is permanent since the storage company will auction off the contents and rent the space to someone else.
Alli Wilhelm: “And of course I said, yes, and he stopped the payments in the moment on that phone call.”
Alli says the association probably won’t even bid on the old records when the storage unit is auctioned off since she has recreated them.
Finally her headache is behind her after her call to Help Me Howard.
Alli Wilhelm: “I would say you guys had an incredible impact on the association, and without Help Me Howard, I really had nowhere to turn, truthfully.”
Glad we could help.
The lesson here: if you run an association, put things in your association’s name, not the property manager’s name, and if a business is withdrawing money from your account, the tips to stop it can be found here.
A problem got you locked in? Don’t automatically withdraw from the fight. We have a better option. Store it with us and let us open the door to an answer.
With this Help me Howard, I’m Patrick Fraser, 7News.
CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
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