Property Management Companies Kansas City Blue Springs Ken Logan Quentin Kearney

AIPIS 83 – Quentin Kearney, Results Property Management, is it a scam? with Bobbie O'Hare

AIPIS_83

Jason has received a number of complaints about Quentin Kearney and Results Property Management. He interviews Bobbie O'Hare to get the inside scoop of what's really going on. Bobbie has been looking directly at the Results Property Management books and has noticed a number of vague invoices. She is also having a hard time getting direct answers from the management company, which is delaying her investigation even further.

Key Takeaways:

[2:05] There are lots of clients coming to Jason with complaints about Results Property Management.

[5:00] Results Real Estate invoices were incredibly vague and non-descriptive.

[6:35] The company could not provide Jason with simple receipt copies from the vendor and did not know who the vendor was who did the work.

[15:05] Bobbie thinks the company is charging higher HOA fees and homeowners are unknowingly subsidizing the apartment fees.

[29:15] What other discrepancies did Bobbie find during her investigation?

[37:35] All of the invoices Bobbie received looked wrong.

[40:40] Bobbie can't talk to her own management company anymore, because they know she's building a case against them.

[47:00] Results has been known to intimate other management companies so that they stay away.

[50:55] Bobbie is trying to combine a number of cases against Results to make the case even stronger.

Mentioned In This Episode:

Quentin Kearney – Results Property Management.

Tweetables:

"All Results Property Management invoices are so vague. They don't even explain what they actually really did."

"I'm not getting any answers or any real answer. I'm getting vague explanations."

"I requested another visit to the see the books again and they denied me."

Transcript:

Jason Hartman:

Hey, it's my pleasure to welcome Bobbie O'Hare to the show. She contacted me recently after seeing some information online about Quentin Kearney and Results Property Management Services. Their affiliated companies are Metrowide Building and Results Real Estate. This is a couple in Kansas City metro area. Kansas City, Missouri. I have been in litigation with them for several years. It's a long story and I have talked about it a little bit before, but I've been contacted by so many people, not just Bobbie, who is on with us now, with complaints about this company in various alleged rip offs in the property side of the business. Repairs and things that I thought it was worthy to bring to your attention so that you can be on guard for things like this. Bobbie, welcome, how are you?

Bobbie O'Hare:

Great, how are you?

Jason:

Good, good. It's good to have you on the show. You were explaining to me before we started to do the formal show here a little bit about what happened and it's just unbelievable to me that this kind of stuff can exist and really as the old saying goes, you know, light is the best disinfectant. We've all heard that one and your story could really help other people. So, I thank you for coming forward and talking about it. Tell us a little bit about where you live and what happened, what's your involvement with this Home Owners Association that's managed by Quentin Kearney's company Results Property Management and just gives us a little background.

Bobbie:

Sure, I live in a community called Creekside Village in Grain Valley, Missouri and it's a community of 61 townhouse type houses except for they're separate or not connected to each other and two apartment buildings that have 31 units all together. It has a clubhouse and a pool. It does have an HOA and all of those properties are included. However, since there was a bankruptcy with the developer in 2009, so most of the properties got sold off to different people, so only eight people actually live in the home that they bought. The rest of them are all rentals. So, it's pretty much 90% rentals with a pretty high HOA and whenever…

Jason:

Yeah, so you're saying HOA, means Home Owners Association, I just want to make sure everybody knows the acronyms and so the dues are pretty high in your opinion. So, what else happened? You got involved and starting investigating this, right?

Bobbie:

Absolutely, when I moved in and saw that the dues were $650 per year, per unit. I felt that was extremely high and I didn't understand where the money might be going, so I decided to contact Quentin and Results, because they are the property manager for one of the huge investors here and also the HOA or Housing Association management.

So, I contacted them to talk about them about the books to see the books. It took some time, but they did finally let me in to see. I don't think they felt like I would probably be smart enough to be able to look through and see all of the problems, but I was and looked through and I saw so many discrepancies with what they were charging the HOA for. They do have this company called Metrowide Builders, it has the same address as Results.

That's how I was able to figure out that it was owned by Quentin who also owns Results, so what I did. What I've looked at is all their invoices are so vague. They don't even explain what they actually really did. They just have, two hours for trash and that was $95. I got one that's extremely high for $2,500 that they supposedly trimmed the trees and bushes around here and there's not that many trees or bushes to be trimmed and I can't tell where they did anything. It was $2,500 even and it had no units written on it. It had nobody's name signed to it that actually did it and I had many of the neighbors tell me that it was probably a 75-year-old man that was out here trimming. I don't know if that was his grandfather or who, it was somebody that is related, because what I learned through a lot of just companies he hired a lot of his own people as I'm understanding.

Jason:

You're saying Quentin does?

Bobbie:

Yes, Quentin.

Jason:

Yeah, so Quentin Kearney. So, let me just kind of just clarify a little bit. One of the things that my lawsuit alleges against Quentin is that he fabricated or he or his companies fabricated invoices and didn't really do the repair work that he billed me for as a client and after years of litigation that is still ongoing, they have not been able to simply provide and the litigation could have been avoided if they could simply, my request was so simply and normal, Bobbie, it was simply that they provide copy of the receipts from the actual vendor who did the work, who supposedly or allegedly did the work, and they weren't able to do that. They weren't able to provide any cancelled checks.

They weren't even able to really tell me who did the work and it just amazed me because I have properties in several states and I have clients with properties in many states and I hear about what goes with them. I know what goes on with my own properties and if a property manager is billing either an individual owner or if they're managing a Home Owners Association, that's what you're talking about in your case, if they bill that association or individual owner or investor for something, they should be able to provide a copy of the invoice from the actual vendor. Metrowide Building doesn't appear to be the actual vendor. In other words, here's the difference, I also found out that Metrowide Building has no employees, at all, it just seems to be, for lack of a better word, I'd just call it a shell company, okay. I don't really know how to define shell company, but that's one of the things I have alleged, that it is a shell company.

They couldn't say who did any of the work, which just, it just blows my mind and so why can't they tell me who did the work? Why can't they, there's a money trail, why can't they give me a copy of a cancelled check? Why can't they show me on their bank statement where this money was deducted to pay that vendor. Well, you know, they generate invoices from Metrowide Building, that's the name of this company, but Metrowide Building doesn't have anybody to do the work. So, if they're like a referral network of some sort and they just refer work to other contractors, then who fixed the air conditioning? Who did the painting? Who trimmed the trees? Who swung the hammer? There has to be an actual human being that did that, right?

Bobbie:

Right. Exactly. I think what they're doing is they're basically hiring Joe Blow for whatever to do it, but yet they don't bill from that person, they bill from their company. I think what they're doing is they get a cheaper rate or however on any work they may do, but they don't let the investors know they're actually paying that. They're basically tacking on fees for the owners and investors and, of course, housing associations, so that they can pay a higher fee, because I also wanted to tell you our fees for his management, for the HOA, is $600 per month plus every single time that he has to come out here for anything that's another charge. He came to one of our housing association meetings. Him and his partner, Ken Logan, they both came and charged $650 just to be at that meeting that they charged is.

Jason:

Just to attend the meeting?

Bobbie:

Just to attend the meeting and that's just what the invoice says.

Jason:

Isn't that their job as HOA managers to attend meetings sometimes?

Bobbie:

Absolutely. That's what I was trying to get to explain to me. What is covered in the $600 per month then, you know, because everything you do outside of, I don't even know, you're charging another fee for and when I did get to see the so-called books, all I got to see was their typed up ledgers. I didn't get to see a real bank account statement or cancelled checks of any sort, just their typed up ledgers and even just having their typed up ledger, I have found just problem after problem after problem with how many fees were taken out. I mean, the majority of our HOA, generally it's like $50,000 and about maybe $15,000 of that actually going into, to provide HOA for the utilities and what not. These units are all very new.

So, there isn't a whole lot of maintenance that needs to be done. I'm like, why are we paying this much in dues for him to make a living. He's making a whole living just off our HOAs alone. I can't imagine what he's making off of everyone else and I don't understand why this has been allowed to happen and our HOA president is also, has also hired him to be his property manager and he has the majority of the vote here. He has 31 units plus 26 houses. So, he has the majority.

Jason:

Yeah, so who is the manager of the Home Owners Association or the president, I'm sorry, that owns all those properties and is hired Quentin or Results Property Management to manage the properties as well as the HOA?

Bobbie:

Yeah, his name is Izak Bencuya and he is an investor from California.

Jason:

Izak Bencuya. Can you spell that last name?

Bobbie:

Sure, Bencuya.

Jason:

Since we're talking about that, let's just get some names figured out here in terms of this cast of characters, because the show will be transcribed and I want to give the transcription the proper spelling too. It's Quentin and the last name Kearney and then there's Ken Logan and have you ever dealt with or heard from or were there any billings from, interestingly, the attorney Nicholas Porto or Nick Porto?

Bobbie:

Yes, we paid him, back in February or I wanna say, I think it started in December. They started putting a proposal together. Now, I do understand that the board before me did vote on this for Izak to propose a proposal for us sign to over to him the clubhouse and the pool to basically take the clubhouse and the pool out of the HOA all together and the apartments out of the HOA, but in doing so, that would be giving the building, giving him the pool. There was no fee exchange there.

Jason:

So, he just gets the clubhouse and the pool for free?

Bobbie:

Yeah. That was he was wanting to do and luckily we stopped it and he wanted that and he wanted each house, there's 61 houses, he wanted each house. The whole thing was he was going to drop our HOA fee, so everybody, there was a few people that were interested in hearing about this.

Jason:

Now, when you say he. I want to know who he is. Is it Nick Porto?

Bobbie:

Well, he was hired, okay, because our HOA attorney who is named David Giller, he was the one who worked with Mr. Bencuya to come up with this proposal, so he had basically relieved himself from being the HOA attorney while this proposal was going on, because he was actually performing as Mr. Bencuya's attorney for the proposal. So, in doing that, they had to hire another attorney to represent the HOA. They had a meeting and this attorney was there and he introduced himself and he said he had no affiliation.

Jason:

Who is this attorney?

Bobbie:

Nick Porto.

Jason:

Oh, this is Nick Porto. Let me tell you, Nick Porto definitely has an affiliation with Quentin Kearney.

Bobbie:

I know that know since I've talked to you. He basically said, because we were, you know, the people that were there were saying, well, why didn't we get to pick the attorney. I mean, why are you, we don't know who this person is. I mean, how is he going to really represent us or how do we know he's going to represent us in the deal, so that's when he explained to me that I had just been told and asked to do this. I don't know any of the information from them on anything that's going on here. I don't even know them.

Jason:

Okay, so, I'm not sure I understand this. So, what you're saying is, Nick Porto was appointed to be the Association's attorney is that correct?

Bobbie:

Correct. Well, this proposal only.

Jason:

Oh, for this proposal to take the clubhouse and the pool and have Quentin or one of affiliated companies on this stuff rather than the Association?

Bobbie:

Of Mr. Bencuya.

Jason:

Okay.

Bobbie:
He wanted to own it all because he thinks he'll be – his goal is to sell this and make profit. Off of what? Because he bought it in bankruptcy, so he bought it at a very good rate.

Jason:

What did he buy? We gotta be specific here.

Bobbie:

He bought the two apartments buildings and the 26 homes.

Jason:

And how many homes total are there? 61 did you say?

Bobbie:

There are 61 homes and 31 apartments. So, 92 properties altogether.

Jason:

Okay, good, good. So, he doesn't have a majority in terms of the homes, but what one of the things that you said to me before we started recording for the show here was that your suspicion is that Results Property Management or Quentin Kearney, I don't really know who the entity is here exactly, but they are basically charging the homeowners higher association fees, you think, and the apartments are not paying into the HOA, so they're getting like a free ride. Basically, where the homeowners are subsidizing the apartments and did you find any documentation to that affect or is it still just kind of like a suspicion?

Bobbie:

I've got the ledger that they typed out and they did hire, they told me they were going to do an audit, because I asked for an audit for 2014. What I got was not an audit, it's called a compilation, which is from an accountant, however it is not an audit. It's just a lowest risk assessment is what it is.

Jason:

Right, it's a compilation report, which is like not really a real audit I guess. I don't know all those accounting terms, but who is the accounting firm, because I am getting worried that that's a problem too.

Bobbie:

Yeah, Fullerton and Company, CPA.

Jason:

Fullerton and Company?

Bobbie:

Yes.

Jason:

And where are they located? And is there a specific CPA's name on the report like did someone sign it?

Bobbie:

Yeah, but I can't read the signature because it's not typed, it's just signed. It just says, it looks like an I and a C.

Jason:

It's just sort of scribbled so you don't know. Yeah.

Bobbie:

Yeah, but it's in Blue Springs, Missouri on Jefferson Street.

Jason:

Right, by the way, Results Real Estate Services LLC is in Blue Springs.

Bobbie:

So, in this audit. I'm sorry, I keep calling it an audit, it's not an audit. It's a compilation. That's another thing I feel like I was lied to about, because I was told it would be an audit and it's not an audit. Even in here, there are several discrepancies that even they admit to that. It even says on the form, on the printout, it says management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared on the cash basis the accounting. If the omitted disclosures aren't included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities, equities, revenue, and expenses. This financial statement is not designed for those who are not informed about such matters.

Jason:

You've got to be kidding. So, this is on the compilation report. This statement says that basically the management company and that I guess is Results Property Management, right?

Bobbie:

That's right.

Jason:

Okay, they have elected to exclude. Say that again or just paraphrase? Just read the whole thing again if you want.

Bobbie:

Sure, it says in this particular section, it says, management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared on the cash basis of the accountant. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities, equities, revenue, and expenses. Accordingly, this financial statement is not designed for those who are not informed about such matters. And then underneath this and I'm not sure what this means, we are not independent with respect with Creekside Village Homes Association.

Jason:

I wonder what that means. So, that means there's a conflict, there are basically kind of sort of vary softly disclosing a conflict of interest, I guess, right?

Bobbie:

Exactly. That's what I think. I mean, that's just my trying to understand is I think they are affiliated with Results or one of his companies in somewhere. Maybe they're, you know, an accountant for a lot of other, you know, businesses that he had and so he just sort of did this as a favor or something to them. I don't know. Because I also do not see in the ledger any fee. I can't find a fee that was paid for an audit.

Jason:

Yeah, interesting, okay, so they weren't paid. They were probably paid in some other way, through another entity or another project. I don't know. Okay, so, when you approached us, Bobbie, you said, you know, I'll just kind of paraphrase what you said here, but it says, 'hello, I'm a homeowner residing in a subdivision in Grain Valley, Missouri. I recently came across a video exposing the fraudulent behavior of Quentin Kearney and Results Property Management. I recently became vice president of the community HomeOwners Association and boy, let me tell you, what a Godsend your video was for me to see.' So, you've been suspicious about this and it looks like you did some Internet searches.

Bobbie:

I, you know, of course, as soon as I moved in, as soon as I bought, I felt in my gut the HOA fees were just extremely high and I wanted to know why, so that's when I started my investigation and then in meeting, my first time getting to meet the board of the HOA was that proposal. I didn't even know, when we bought, we didn't even know who the board was, any names, anybody.

So, of course, I didn't even know who I was suppose to pay these HOA dues to and so, I didn't know how to find out who they were and then I got a letter in the mail from Mr. Zeller, who was the HOA attorney, telling everyone, all the homeowners, about this meeting of this proposal.

When I went to the meeting, it was just me and two other homeowners that came, that was it, because a lot of them don't live here, they live out of state and they just rent their properties. They're just investors. So, they're not here for this meeting and that's when the proposal was given to us about giving him the clubhouse and what not. Red flags went up right away because in that proposal he was…

Jason:

Who is he? Who is he?

Bobbie:

I'm sorry, Mr. Bencuya, who was the HOA president and also the owner of these properties and also the one who is going to benefit from this proposal. He offered us this proposal of bringing our HOA dues from $650 to $487, but in that, that is $385 of that $487 would go to maintenance of the clubhouse and pool. So, what he wanted, he wanted us to give him this building and the pool, but the 61 houses still pay $387 each house per year to maintain it.

Jason:

That's just unbelievable. I mean, I've never heard of such a thing.

Bobbie:

Yeah, we were just sitting there in shock thinking, first of all, how is this even legal? You know, this does not even seem legal to me at all to proposal something so hideous that there was not even a fee, he wasn't even going to buy it, he was just going to have it. Well, and when he wanted this, he wants to sell those apartments and it would sweeten the deal, really good, if he could say that, yeah, the apartments own the pool and the clubhouse, but the houses are going to take care of it. Not you.

Jason:
Wow, what a deal. Bobbie, that's amazing. Yeah. So, basically, what he was trying to do..is Quentin? I'll just bet ya and I have no evidence, I'm just supposing what's going on here a little bit. Is that probably he engineered this thing with Quentin Kearney and Ken Logan, the Results Real Estate and Results Property Management entities or something and basically figured out that if the apartment complex, if the apartment buildings that Mr Bencuya owns, right. If they owned the pool and the clubhouse rather than the Home Owners Association owning that, like, Homeowners Associations should own their own common areas.

I mean, I don't know that that's been any different. I mean, maybe it is sometimes, but I've never heard of it. You know, the idea is the HOA owns the common areas and all the residents get to use them, because if the HOA didn't own them, then they could restrict the homeowners and say, hey, you can't use the pool or you can't use the clubhouse, so of course you want to own that, it's part of what you bought into as that community association. So, wow. That's just amazing.

Bobbie:

It was all because there had been some owners complaining about the fees, so he keeps trying to swing it to us saying well, this is going to lower your HOA fee and I explained to him, sir, this is not even lowering us, it's not even $200, but you're getting what, a $30,000-$50,000 building and a pool. I mean, no, that's not sweetening the deal for us and it's for life! That means 61 homes would be paying that every year for life with no end and it was mandatory. There was no opting out. I said, well, maybe if certain owners want to opt out of it, you know, he said, no, not doing that, because the apartments do not make enough money to sustain taking care of clubhouse and the pool by themselves.

Jason:

Who presented this deal? Nick Porto? The attorney?

Bobbie:

No, it was Izak Bencuya hired Mr. Dave Zeller.

Jason:

That's another attorney, Dave Zeller. Okay.

Bobbie:

Yes, he's another attorney and he's actually suppose to be the HOA attorney. He's the one who comes to every meeting and what not, but he excluded himself, took himself off as the attorney for the housing association and hired Nick Porto, excuse me, the HOA hired Nick Porto to represent us in this proposal without any knowledge from anybody. They just picked him. This is what they were explaining to us.

Jason:

Nobody got a choice. Nick Porto was going to be the attorney no matter what.

Bobbie:

Absolutely and when I was questioning Mr. Porto, he told me that he did not have an affiliation in anybody that's involved in this proposal, including Results. He told me that.

Jason:

Nick Porto said to you he did not have an affiliation with Results Property Management?

Bobbie:

Absolutely, absolutely. So, that was another shocker when I saw your video and I heard the word Nick Porto. I'm like, huh, wait a minute. That was the attorney. We paid him over $5,000 in fees for this supposed proposal, because we kept voting it down and he kept trying to come back with something else and the HOA did this out of the HOA fees and not only that, they also paid Mr. Zeller's attorney's fees, which that should have Mr. Bencuya's expense. So, just for that deal alone was over $10,000 they paid out that I see on the ledger, they paid out an attorney fee for that proposal that never even came about. We voted it out.

Jason:

Bobbie, give us some context in terms of dates, because I believe Nick Porto wrote me the first letter or contacted me, I'm going to say, it's back in 2008 or 09. What day did you buy this home?

Bobbie:

I bought this home in July 2014.

Jason:

Okay, so when was this meeting with Nick Porto when he said he didn't have any affiliation with the Results Property Management?

Bobbie:

I believe the first meeting was December of 2014.

Jason:

Okay. So, he definitely he was very affiliated with them, I know that.

Bobbie:

That's where all the suspect is coming from and I even got a text message from Mr. Bencuya, because I had been texting him and he even told me he doesn't understand why I have such doubts and fears about everything, you know, I'm questioning everything, and I'm constantly being lied to. I'm catching you guys in lies and I have found things that you won't explain to me and neither will Results. They just try to avoid the subject every time I bring it up and they won't give me any explanation. So, I'm just wanting to know where to go, where can I go, can somebody help me. I want them investigated. I want somebody, I want somebody that is of some higher power, attorney general, FBI, whatever it is, fraudulent, needs to investigate them, because apparently they're doing this to more than one person. You know, it's been proven.

So, how long is this going to go on? You know? I believe innocent people – that's where I am at is that even though I haven't even paid any dues yet, you know, so I'm doing all of this based on what I've learned since I've gotten, came in here and I think Mr. Bencuya, he had appointed me as the vice president, I think, to try and appease me. He thinks it's going to make me happier, you know, if I can have some of the decision making, you know, on the board, but that's all fine and good and I wanted that, so that I can do some more investigation, but my goal is to help these other homeowners, especially the ones who don't even live here and have no clue of what's going on here.

They don't know what's been taken care of and what's not been taken care of and my moral compass is bothering me, because I feel like everybody here is getting ripped off and nothing is being done about it and I'm just one person. There's only three of us homeowners that have been talking about it and wanting to do something. I don't have contact with all the other ones, except for by mail.

Jason:

Yeah, wow. That's just something else. Bobbie, what other discrepancies have you noticed. You mentioned tree trimming, you mentioned that there were no bills from actual contractors for repairs, only Metrowide Building. Only this company that doesn't seem, at least at the time that I filed my complaint, didn't have any employees, didn't have any staff, so you know. Now, there's another lady and I believe her name is Elena Gartlet. That's one that I feel was lying to me when I originally ran into discrepancies and became suspicious of fraud. Did you deal with Elena Gartlet. Is that a name of someone?

Bobbie:

No, no. I've only dealt with Quentin Kearney, Ken Logan, and then someone named Kelly, but I don't know the last name.

Jason:

Kelly works for Results Property Management?

Bobbie:

Yes.

Jason:

Like, who do you think is really running Result Property Management? I mean, I know this is probably just going to be an impression. Is it Ken Logan or Quentin Kearney?

Bobbie:

They are both, what he explained to me, they are both equal partners.

Jason:

Oh, okay.

Bobbie:

So, they're both running it.

Jason:

They said they were equal partners is what they said. Who said that to you?

Bobbie:

Quentin Kearney did.

Jason:

Quentin told you that. Okay, so what other discrepancies and things have you noticed? I can't remember if we talked about this off air before the show or, you know, you mentioned something about tree trimming and possible excessive billing there.

Bobbie:

I have several and I mean, invoice after invoice after invoice of different trash pick up around the community. There were charges to ours and I guess, it's $45 an hour is what it's suppose to be, but then I have another invoice that was two hours, that was a $120 for them to pick up two tree limbs in the parking lot. It just goes on and on. None of them are very descriptive on exactly what was done and who did it and again, even the trash.

We have two big, one of those big gondolas or whatever you call those things, that are in front of apartments, but the HOA is paying for that. $181 per month is what the HOA is paying for trash removal, but that does not include any trash removal for the houses. The houses are responsible for their own trash. So, what was happening was they, because they were only getting picked up once a week, so the gondolas were getting overfilled and I guess they suspected that the houses were using it and maybe some of them were, which honestly should.

Jason:

They should because they are paying for it, is that what you're saying?

Bobbie:

Exactly. Yeah and so, but then they got a letter. Everybody got a letter or a note on our doors telling us that the trash was not for houses, do not leave trash in the gondolas and it's for apartment use only, but then because they were complaining about it, looking terrible, because it was overflowing all the time and somebody even put a mattress up there once. So, we complained to Results and, of course, he came out and every time he came out, he charged us again just to look at the trash can and see if he needed to do anything about it. You know, whether he did anything or not and that was another charge.

So, what I'm getting at, and I've got a copy of his contract, you know, because I asked for that. You know, it's dated 2012, so it's not even a current one, but in that contract, nowhere it does not say that there will be extra fees for every little thing that he does. It's just said, $600 per month for his management fee. I talked to other property managers, an HOA manager. They told me that the things that he's charging extra for should have been included in the price for the monthly fee anyway. So, he's just really tacking it on through the HOA. I honestly, and I don't have proof of this, but I honestly feel that he is getting paid from the HOA to not only manage the HOA, clearly, but to also manage Mr. Bencuya's rental properties, because I've got several invoices that are talking about AC units, 17 AC units that were inspected.

Jason:

You said 17 AC units, air conditioning units, right?

Bobbie:

Yep.

Jason:

Okay, so the bill is 17 air conditioning units that were inspected and what, you're suspicious that. Well, why would you have, I mean, you only have one air conditioning unit as part of the HOA that's in the clubhouse, right.

Bobbie:

There's two, but yeah.

Jason:

And then every homeowner like you is responsible for their own air conditioning unit.

Bobbie:

Right. The only services that we get in this HOA is just the pool and clubhouse. We do have snow removal, just alleyways only, but it has to be over four inches, and I know you're not familiar with Missouri, but we don't get four inches very often. Maybe once a year.

Jason:

Tell us about the air conditioning bill. They billed the Homeowners Association for inspection of 17 air conditioning units. How much was that bill?

Bobbie:

That one, it was $414 and then I have another one for all the fire extinguishers. There should be, I think there's at least in the clubhouse, but it was 17 or 18 different fire extinguishers, so that tells me they're all in the apartments, you know, hallways, and what not.

Jason:
Oh, yeah, of course.

Bobbie:

Even the electric is wrong. We investigated and called the electric company and the hallways and all the extra lighting for the apartments, there's only one meter up there, so that means that the HOA is paying for all of his need for electricity too. He's not paying anything!

Jason:

He meaning the apartment owner.

Bobbie:

I'm sorry, Mr. Bencuya, yes. Bencuya and in that, we have a lot, I fee like, Results is responsible for that also, because they are operating as the HOA management company. So, if they are seeing things that should not be covered under HOA, it should be their job to say, no, this should not come out of this account. This should come out of your account, but they're not doing that.

Jason:

Well, what's likely happening, of course, this is just speculation. I want people to know the difference between speculation and facts, but what's likely happening is this Bencuya, this Mr. Bencuya guy is a good client of Quentin and Results, Results Real Estate Services or Results Property Management or both, I guess, and he's getting, they're basically giving him the better deal at the expense of all of you homeowners. It sounds like. I mean, that's speculation, okay. I don't know that for sure, but from what you're saying it sounds like that. This is just, this is just unbelievable. So, what happened when you tried to inspect the books? You asked to inspect them, you were telling me before, they finally let you do it, but then they rushed you, right?

Bobbie:

I found a letter online that was attorney language that stated that every homeowner that is lumped into a homeowners association has a right to inspect the books as long as they give a letter in writing and that they can even demand within ten days to be able to see them. So, I printed this letter out, put my name on it, I send it to Results and also sent it to Izak Bencuya and Mr. Dave Zeller just to make sure I covered all bases and they finally contacted me on the ninth day to setup an appointment to come see it, but it was like two weeks away from that. That was their opening.

Jason:

They meaning who?

Bobbie:

I'm sorry, Results.

Jason:

Results Property Management and who did you talk to there?

Bobbie:

I talked to Ken Logan.

Jason:

Ken Logan, okay, so Ken Logan, it took two weeks, but then he finally allowed you to come or he finally allowed you to make an appointment to come and inspect the books?

Bobbie:

When I came into inspect the books, everything was kind of in a disarray. It was in manila folders. There was no uniformity to anything. I had, I think, I personally believe they did that on purpose so that it would take me longer to be able to figure out what was what and so, you know, they did allow me to go look, but there was nobody that I could ask. I mean, Mr. Logan went back to his office, even shut his door, so they weren't going to answer any questions right there. I can look at it and see if I have any issues. They weren't even going to allow me to make copies, but I did go and knock on his door and said, I want to make copies and he said, are you allowed to do that? It's like, yes, if you read the letter I sent to you.

Jason:

Who is he? Is it Ken?

Bobbie:

Mr. Logan, yes.

Jason:

Ken Logan said, are you allowed to do that? As if to intimate you and say that you shouldn't make copies?

Bobbie:

Right, exactly. That's how I felt and then he goes on to say, well there's going to be a fee for that. I said, well, I'm not paying the fee. I shouldn't have to pay a fee for the copies. He said, well, I'll bill the HOA for it then and I said, well, do what you need to do, I guess. So, I did go and make copies of what I could, but you know, I don't even know how he, he was not in there when I was making the copies. He didn't count any of the pages, so again, I'm wondering what charge that he sent to the HOA for that, because he didn't even know how many pages. He said it was 23 cents per page, but he cleared out after I was done, so he didn't know how many pages I printed, but I didn't have much time because they didn't, the appointment was at three and they close at four, so they basically, they didn't tell me I only had an hour, but insinuated, you know, for me to go. You know, we close.

Jason:

And they close at four? I mean, aren't businesses open to at least to at least five or six usually? I mean, they close at four o'clock? That's interesting, okay. So, especially a management company. I mean, you know, they're going to be open some decent hours, hopefully. Okay, so he rushed you along, you only had an hour, but you did make some copies. How many copies do you think you have?

Bobbie:

I've got at least probably, I didn't really count over it. It was over 300 pages, but I printed out the ledgers for not only the account of (#37:36?) for the HOA, but also the reserve account and I was just searching through trying to find any invoice that popped into my head that looked wrong and I mean, pretty much all of them did, but I couldn't. I just grabbed all of them from Metrowide Building that I could see. Like, this one I'm looking at right now, trash pickup for dumpsters, two hours, $90, but no date when this was done, just says billed at Creekside HOA.

Jason:

So, no date when it was done, just trash pick up and that was a Metrowide Building invoice?

Bobbie:

Oh, I'm sorry, hold on. There is a date. I apologize. It does say 03/23, but then there's 03/19, same thing. 03/25, same thing. So, literally every two days.

Jason:

Two days apart?

Bobbie:

Umhmm.

Jason:

Yeah, wow. Okay, that's suspicious, right? Is that what you're saying? That it would be every two days?

Bobbie:

Yes, I also found another invoice. It's handwritten and it says in there that HOA meeting for Ken Logan and Quentin, three hours, $650.

Jason:

You mean, they just met by themselves?

Bobbie:

No, they came to one of our meetings.

Jason:

Oh, oh, when they came to your meeting and charged you extra. Yeah, right, and you thought, I mean, HOA managers, part of their duties, as I understand them, are coming to the meetings, right?

Bobbie:

Right.

Jason:

How many people were at that meeting?

Bobbie:

That meeting there was Ken Logan, Quentin Kearney, Izak Bencuya. Dave Zeller, the attorney. Me, I'm sorry, Bobbie O'Hare and Russell O'Hare, my husband, and then two other homeowners. That was it.

Jason:

Yeah, do you know the other homeowners names?

Bobbie:

I know of another lady, her name is Ashley Elendo(?) and she was the acting vice president at that time for the HOA.

Jason:

Okay, so you weren't vice president yet at that time, right?

Bobbie:

At that time, no.

Jason:

You wanted to become vice president it sounds like because you were suspicious and wanted to set things right and know what was going on, right?

Bobbie:

Right, and you know, and honestly to work for the community and because I do feel like there's a lot of people that don't live here, I want to make it better. It's a very, very nice area. There are all newer houses. It could just be so much nicer than what it is right now. It's not being well kept, some of these, a lot of the yards are not being mowed properly, it's just so many problems, you know, that are around that I feel like could be fixed if you had a proper board, HOA board.

So, that was another reason, but I also knew that I could be at the meetings and be able to ask a lot more questions if I was on the board and I have. I have asked and I'm not getting any answers or any real answers. I'm getting vague explanations and I think Mr. Bencuya is trying to do what he can to appease me. To try to keep me from. I do believe that they are worried, you know, that I am building a case, basically, against them. Results won't speak to me anymore, at all.

Jason:

Oh, really? They just won't talk to you? You can't call your own management company? They won't even talk to you?

Bobbie:

Absolutely and in the contract it does state on their, I did read that, where they are contracted only to work with one board member on the HOA and in that they choose Mr. Bencuya as the board member who lives in California now. He doesn't even live on site and so everything that's wrong, I have to text message Bencuya or I take pictures and send them to Mr. Bencuya and then he has to call Results, because they won't answer an email, they won't answer a phone call, nothing, because I actually requested another visit to see the books again and they denied me.

Jason:

They denied you a second visit? Okay.

Bobbie:

Yeah, first they approved it and said that they, you know, I have the letter, you know, letter, I mean, for an email, and they approved it and said the company will contact me to set the appointment up. That has never happened and then whenever I ask again to Mr. Bencuya, he says, Quentin told me that he doesn't want you back in there by yourself, you can come with me. I can go with you.

Jason:

Yeah, so he'll control what you see and rush you and maybe intimidate you?

Bobbie:

Yeah, I think they didn't expect me to be as smart as I am, honestly. I think they thought I would just come in and take a look at things and just be fine with it and leave and never ask again and that's not what happened. So, they don't want me to see anything because, like you said, they don't have actual, real invoices, because I think they just hire whoever and they pay them, maybe they pay them in cash, I don't know how they're doing it, and then they bill it from this Metrowide company.

Jason:

Well, my contention, Bobbie, in my case is that they didn't even do the repairs at all and here's the interesting thing, I even have become suspicious that they were collecting rents when they were reporting my property as vacant. I don't have proof of this yet, but I am darn suspicious of it, because, you know, they have sort of tried to bully me around and say, well, why are you so upset, aren't you a wealthy guy? You know, why are so upset at these little charges totally I think $4,500 or something. All the little repair bills, but the truth is that my property was either managed so poorly, because it just didn't perform well, okay, I have a lot of other experiences and a lot of other clients to draw from in terms of comparison. You know, my contention is, you know, I'm suspicious that they were collecting rents when the property was actually occupied. I've no proof of that yet, but I'm working on that, okay.

Bobbie:

I'm at the point where I wouldn't put anything past them. Like, they are very sneaky, they are very, I mean, it just fraud written all over it. I mean, they talk about. Quentin can't even give me straight answers on anything. He can email, even in his email he tries to scold me by saying, I have never in all my years of business have I ever been, you know, inspected this way or brow beaten. I feel like I've been brow beaten by you and I've never experienced that before in my life, is what he said.

Jason:

That's interesting. I guess he's not experiencing it with me, I guess.

Bobbie:

Exactly. I even emailed him back and you fee like you're being brow beaten, but I'm expecting to do your job that you're being paid for and that is what I'm asking for and what I'm expecting from you and until I get that, you're going to continue to hear from me.

Jason:

Many people have contacted me with similar stories. I mean, just, I had people contact me who were literally in tears saying they were being evicted by Results Property Management because they paid their rent in cash and Results Property Management said that the rent was never paid. Of course it's dumb to pay your rent in cash, but here's what the person said as I recall. They said that they went into the Results Property Management office, paid the rent in cash.

These are obviously, you know, lower income people that maybe don't even have bank accounts, okay. A surprising amount of The United States is actually that way, amazingly, and they asked for a receipt – I said, why didn't you ask for a receipt and you know what they said, they said, well, the lady there and I think that might have been Elena Gartlet, I can't remember what he said now, told me that the printer was broken, so they couldn't print me a receipt and then they were asking them to pay rent again under threat of an eviction notice and I think they had actually started the eviction to intimidate these poor people and I felt so bad for them and I've heard so many other stories of various improprieties by this company.

We discovered, one of my attorney's discovered approximately 200 pages of complaints at the Better Business Bureau in Kansas City, Missouri. There are similar complaints to mine, I don't know if there are similar complaints to yours in those 200 pages or so of documents. There are many reviews on Yelp, Google Local. Interestingly the Better Business Bureau rating was very bad when I checked it a long time ago, but it has somehow mysteriously improved quite a bit.

Bobbie:

I've called another management company, because I did tell Mr. Bencuya I wanted a different management company for the HOA. So he did, he actually gave me the permission to start looking for one. So, I did find a lady by the name of Crystal Vaughn, she owns Meridian Property and Management Real Estate.

Jason:

I've heard of that company.

Bobbie:

Yeah, she's, I've talked to her. She sounds wonderful. I mean, she's helped me a lot as far as telling me what should have been included in the HOA monthly fee and what not, but she said that she is concerned, she told me, she is concerned about when she does, if she gets this contract when she takes over about the damage that will happen to her name, because she said that Results has been known to put out bad reviews and just try to attack others – they don't want other management companies to come in and take over their properties, you know, so they do what they can to try and intimidate that management company to stay away from the properties. She told me that.

Jason:

So, Crystal said that basically Results would go online and write fake reviews against.

Bobbie:

Against difference companies. So, I would not doubt it, I would not put past them that they didn't, they had so many bad ones and had people going in and write good ones to bring their score up, you know. They just, I know for a fact they're not a good management company even besides the HOA issues and the reason why I'm saying this is that my son and my daughter and his girlfriend, rented a duplex, without my permission, they were, my son and his girlfriend were 18 and my daughter was only 20, they went out and found a duplex and they signed a contract with Results for $765, is quite a bit for three people who make minimum wage, plus all the utilities and what not.

So, I was shocked that they even allowed them to rent. They had no rental history, they had no co-signer, nothing, and they rented those places and they had their answer the same day, so that tells me that I don't think they do any kind of background checks. I believe they are telling their investors and homeowners that that is what they're doing, but I know that they are just renting to whoever can come up with the money for the deposit and first month's rent just to get it rented.

So, that concerns me also because he is a property manager for so many properties here, what kind of people is he allowing into our community? There are HOA guidelines and by law, there cannot be anybody living here that has a felony and there was a SWAT team that arrested somebody in a house not to long ago, a few months ago, that had a…

Jason:

Do you know what they arrested them for?

Bobbie:

Attempted rape on his own wife and he had video of it. I guess he was filming it on his own phone, apparently, but the police came in and there was gunshots. I've never seen anything like that in my life. I mean, we have such a tight community, all of the houses are very, very close together. You can literally sit on your front porch and you can have a conversation with your neighbor without ever having to leave your front porch. That's how close they are.

So, I'm worried about the types of people that he is allowing to move into the homes here, because I don't think he does a thorough investigation on anyone and there's been a lot of houses that's been damaged, because when you get certain types of people in, they don't care, they don't own it. That's another thing I've brought up to Mr. Bencuya is that I want, if this is going to be a 90% rental community, then the HOA needs to setup and enforce guidelines to who is allowed to rent in this area, because if not, how is our property values every going to go up for that, you know? It's going down constantly. So, that's just my conclusion. I feel like I want, I need somebody to direct me, because, of course, I actually did call your attorney that you have local here for your case against.

Jason:

Oh, for my case. Oh, you looked that up? Wow, which attorney, you talking about Lee Hardy?

Bobbie:

Yes, Mr. Hardy and he is going to contact me on Monday to setup an appointment for me to come in. When I contacted him, I told him, you know, I wanted to know if there's anything I had could help your case, you know, I know that he's going to court on 14th or the 11th, whatever it was, and I said that I would love to come in and show you what I have, you know, that I have copies of, and if that would help your case, at all.

Jason:

Interesting. Wow, you are real researcher, Bobbie, it's amazing. You actually looked up the case and you contacted my attorney and you're meeting with him. That's fine with me. Please share whatever you have.

Bobbie:

The reason why for the contact is because I do want it out there to let others know that there's lots of other people that are dealing with him and having these issues and if we all get together one voice is more powerful than one. We can get something done about him. Somebody needs to step up and get on him. We can't just fire him and hire somebody again and then let it go, because it'll just continue on to everybody else and my moral compass is not happy with that. I'm not okay with that.

Jason:

Yeah, you know, I always like to say that income property is the most historically proven asset class in America and it's just so sad when you see people like this, like Results Property Management, like Quentin Kearney, like Ken Logan, doing these things because they really just ruin it for those investors. I mean, those investors should have good experiences. They would buy more property if they didn't run into a bad apple, so that's why I wanted to file my complaint. It certainty wasn't about just my $4,500 or so. I'm alleging about another $20,000 and then damages beyond that, but it's a lot more, it just ruins it for the industry, it really does.

Bobbie:

I agree and that's my case too. I haven't even paid any dues yet, they're due, but I haven't paid them yet, because I told Mr. Bencuya I'm not paying anything until we have a different management company. I'm not giving anybody anything. He can line his own pocket with it, I'm not doing that. So, I'm doing this because for everybody else that doesn't know what's going on, has no clue, they're just making a check and the reason why they're making that check is that fear – I've talked to a lot of other homeowners here and they say, you know, if they don't pay it, you know, they're going to set a lien on our house.

You know, and that's what they do, that's why the use that. You don't pay this, well, we'll slap a lien on the house. They've even gone so far as accused, is saying they'll having it foreclosed on, which I talked to an attorney about that and they said no judge would ever foreclose on a home, because they didn't pay their HOA dues.

Jason:

Well, they would eventually, but yeah.

Bobbie:

The mortgage has to paid first and so, you know, there's that fear. So, if we're stuck having to pay it, you know, when we know.

Jason:

You feel like you don't have any recourse it sounds like, so that's why you reached out to me a couple of weeks ago. Bobbie, I just want to make clear to you and all the listeners and I have done this before and, of course, they have never accepted, but Quentin Kearney, Ken Logan, you're invited to come on the show. You know, if you have a rebuttal, I would be happy to have you on the show, so you can tell your side of the story. I sort of doubt I'll hear from ya, I certainty invited you about, I don't know, five-six years ago and you wouldn't come on, but there I am re-extending the invitation to you.

So, you're welcome to be on the show to state your side of the story, we'd all love to hear it. Bobbie, thank you so much for reaching out to me and sharing this story with the listeners. It is definitely a cautionary tale. As they say, caveat emptor, let the buyer beware, because there are a lot of sharks out there, but you know, at least you spoke up about it and that took a lot of courage for you to do it. Everybody appreciates that, so good luck on your meeting with Lee Hardy, my attorney, in the case in Missouri. I've got another attorney in the California case. We'll see where it goes and I'll report back to the listeners when we have some outcome that is worth talking about, okay. Thank you very much for joining us.

Bobbie:

Alright, thank you.

Announcer:

This show is produced by the Hartman Media Company, all rights reserved. For distribution or publication rights and media interviews, please visit www.hartmanmedia.com or email [email protected] Nothing on this show should be considered specific personal or professional advice. Please consult an appropriate tax, legal, real estate or business professional for individualized advice. Opinions of guests are their own and the host is acting on behalf of Platinum Properties Investor Network Inc. exclusively.

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Source: https://aipis.org/aipis-83-quentin-kearney-results-property-management-is-it-a-scam-with-bobbie-ohare/

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