- Report: #931769
Report - Rebuttal - Arbitrate
Complaint Review: Sunrise Vista Mobile Home Park, Mesa, Az
Sunrise Vista Mobile Home Park, Mesa, Az300 South Val Vista Drive, Internet United States of America
Sunrise Vista Mobile Home Park, Mesa, Az BPI Capital Management, Inc. Formal Complaint Filed on Sunrise Vista Mobile Home Park, Mesa, AZ, Internet
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This is a formal complaint based on the (3) three documents handed out to all tenants of the Sunrise Vista Mobile Home Park. Documents reviewed begin as follows:
1) The Arizona Mobile Home Parks Residential Landlord and Tenant ACT
2) Statement of Policy - Sunrise Vista Mobile Home Park
3) Community Guidelines (Rules And Regulations) - SVMHP
According to the: The Arizona Mobile Home Parks Residential Landlord and Tenant ACT
If a Landlord has scheduled a shutdown of a utility, he must inform tenants before hand. $33-1434(A)(7)
COMPLAINT: Over the past year we have had water and power shut downs by Jake Saady, Resident Manager without any warnings or notices to tenants. [continued below]....
Landlord must give all tenants 30 days notice of by mail of any changes of rules $33-1452(D)
COMPLAINT: Recently Jake Saady, Resident Manager has been making arbitrary rules with sign postings all over the pool area and deeming them the NEW LAW! These rules are in direct violation of the code $33-1452(D) as no written notices were sent out to tenants 30 days prior. These rules would all be refused and found unacceptable as no tenants had any say or vote to approve or not approve them. These rules have been posted by Jake Saady, Resident Manager who calls himself the Federal Law! Jake Saady, Resident Manager has become more and more abusive to tenants and the word is we are NOW IN A NAZI CONCENTRATION CAMP! Senior citizens are being shouted at and abused by Jake Saady, Resident Manager and we will not put up with this kind of BAD BEHAVIOR. Jake Saady, Resident Manager has become out of control and is not here to command people, he is here to serve the tenants.
Landlord must give tenants an emergency phone number and name and address of park owner $33-1452(F)
COMPLAINT: The landlord has not provided the emergency phone number and name and address of park owner for direct complaints about the park or management and emergencies when power or water shut offs have occurred. This is a violation of The Arizona Mobile Home Parks Residential Landlord and Tenant ACT $33-1452(F)
Landlord must provide tenant with a Statement of Policy (a park can only have one set of statements of policy in effect for all residents at any one time) $33-1436
COMPLAINT: Accordingly posting signs throughout the park with New Rules is unacceptable without 30 days advance notice, and without acceptance by tenants via a vote and without a currently updated written Statement of Policy. If old policies are in place new policies cannot just be added by placing signs in the park.
Park managers must show proof of completing at least six hours of continued education every two years. Parks failing to comply are subject to civil penalties. Parks managers must post such proof of completion in a conspicuous place at the mobile home park. $33-1409(9); $33-1437
COMPLAINT: We have not seen any notice of continued education by the current manager Jake Saady, Resident Manager. This is a very important step to his BAD BEHAVIOR towards tenants and we demand that he take a course immediately or have him replaced with someone that cares about tenants rather than abuses tenants.
Rules and Regulation changes require a 30 day notice by mail $33-1452(D)
COMPLAINT: This rule seems to be skipped whenever possible and it is the policy of the Park Resident Manager to dictate his own rules constantly. This is a very important note of his BAD BEHAVIOR towards tenants. Jake Saady, Resident Manager likes to make up rules as he pleases and shouts them out at people in the pool continually. This kind of threatening, commanding, and controlling behavior in just not acceptable with us as senior citizens. Jake Saady, Resident Manager needs to learn a lot of lessons, in his behavior towards our senior citizens.
Statement of policy changes require a 60-day advance notice, effective at expiration of current statement of policy. $33-1471(A)
COMPLAINT: It has become the managers new policy to decrease services which were once in place by damaging and down grading the park. This has become evident and is increased in scale and reducing the livability, environment, pleasure and happiness of the park. Two hundred ninety seven, (297) tall Palm Trees have been cut down leaving 20 Palm Trees for residents that were present and could object, furthermore, Jake Saady, Resident Manager has instructed the Mexican tree pruners to cut ALL Palm branches and leave only 3 Palms per remaining tree so no Palm shade can be made and no pruning on remaining trees will be required. Recently, 10 cactus trees that bloom once every 7 years, while in bloom were butchered by machete next to the pool, and 30 or more flowering plants were hacked down and the complete ambiance, character and atmosphere of a place have been destroyed. The value of living in this park has been completely reduce from an oasis to a desert concrete mobile park. In fact, this was done while most snow birds were gone and could not object to the removal of these beautiful Palm Trees, plants and flowers. Furthermore, a fee was imposed to anyone objecting the removal of a Palm Tree for a cleanup of falling palms which is outrageous. The fee was assessed to anyone who objected and did not allow their own Palm Tree removed from their rental property. This is NOT managing and maintaining the beauty of the property, it is complete destruction of the park property by management. Tenants have moved here for the good life not for our lives and happiness to be ruined.
VIDEO SPYING on Tenants
COMPLAINT: Jake Saady, Resident Manager has installed several video cameras that are pool side and in other areas of the park under the guise of security. However, these are NOT security measures they are used to harass tenants, spy on tenants and turn the park into a NEO NAZI concentration camp, run by Jake Saady, Resident Manager. Jake Saady, Resident Manager has come out to the pool area and announced, he is watching tenants to police them. NO Tenants have ever agreed to being video taped or policed by any management. These video tappings are in a private park and are a direct intrusion of privacy to the tenants and are not there for any security reasons. Jake Saady, Resident Manager has abused his authority by installing these video surveillance cameras upon the tenants and is constantly accusing tenants of some kind of rule violation. Then he tells tenants that his rules are Federal Law! This is NOT the way for a retirement community to be managed. We dont want to pay for this kind of policing and authoritarian behavior. Furthermore, we have three (3) more MAJOR issues about, Jake Saady, Resident Manager, he has installed several DMZ Zone, high power spotlights, facing the Jacuzzi after dark, everyone is upset and has complained that these spotlights are HIGH beamed into the eyes of anyone sitting in the Jacuzzi, which also happens to be closest to the video surveillance cameras. This is NOT a DMZ Zone! Spotlights aimed directly at people are a direct form of harassment and intimidation, which ruins the retired and relaxed atmosphere we tenants want. This kind of Police Spotlighting is just more criminal behavior and is designed to add one more reason for tenants to move out of this Park.
Pool and Jacuzzi Maintenance and issues:
COMPLAINT: While Jake Saady, Resident Manager has a lot of time on his hands to Police tenants he seems to have no time to care for the Pool maintenance. Week after week the pool is filled with debris and even toilet paper which tenants have to hand pick out of the pool. The Jacuzzi is below standard with slime and dirt stains on the sides and the temperature of the Jacuzzi is no better than warm. There is no thermometer to validate the true temperature and therefore Jake Saady, Resident Manager can say the temperature is good when its not. An acceptable temperature for the Jacuzzi should be at 104 degrees we are lucky if its even in the 90s. There is no arguing with an egomaniac like Jake Saady, Resident Manager about Jacuzzi issues or pool or Jacuzzi temperatures.
Pool and Jacuzzi Hours of use:
COMPLAINT: A few weeks ago Jake Saady, Resident Manager entered the pool area at exactly 9:20 PM and told five (5) people to get out of the Jacuzzi as it was time to go home. This was 40 minutes before the 10:00 closer time posted on the Pool rules sign at the pool. All five (5) people complained that it was too early to close yet Jake Saady, Resident Manager continued to Yell at everyone to get out. This kind of treatment and behavior by any Resident Manager is intolerable and was very close to a physical altercation as the tone of voice came from a drunken Resident Manager. We dont tolerate this kind of behavior and this is a HUGE COMPLAINT of Abuse and verging on physical threat from the Resident Manager! His behavior was more like a drunken out of control animal! There is no over sight to check on Jake Saady, the Resident Manager and this is a very big concern!
Rules Posted by Pool1:
2) State Health Laws require persons to shower before entering pool.
COMPLAINT: There is NO Such Rule for Private pools, the code only applies to Public pools funded by Public taxes and Government. Making false statements on a Posting and then threaten people that they will NOT be allowed in the pool, is a blatant lie and an ABUSE of a Resident Managers Power and Authority. We dont want this kind of threatening and abusive behavior from ANY Manager!
New Section made by final rule making at 8 A.A.R. 3645, effective August 9, 2002 (Supp. 02-3).
This Article does not apply to:
1. A private residential swimming pool,
2. A private residential spa,
3. A bathing place used for medical treatment or physical therapy supervised by licensed medical personnel, or
4. A body of water that is not used as a bathing place.
Comments on communicable diseases and pools:
Many communicable diseases are not spread through water (for example, the common cold or most sexually transmitted diseases). How do these rules promote health? For example, a number of important communicable diseases; hepatitis B, hepatitis C and HIV come to mind; are not known to be spread by simply swimming in a pool with others. It would be unfair and would accomplish nothing to exclude people with these diseases from swimming pools. Never mind that these rules are probably impossible to enforce; my own observation is that they are often ignored. After looking into what these Public Pool rules were intended to accomplish, and heres what I found. First, the communicable diseases are only those known to be spread from person to person via contaminated water. More specifically, the regulations are aimed at preventing diseases caused by organisms that are shed in the feces of an infected person and can spread to another person who ingests contaminated water. The particular concerns are bacterial infections, (Shigella, Campylobacter, Salmonella, certain types of E. coli), hepatitis A and parasitic infections (Cryptosporidium and Giardia). A person who has been diagnosed with one of these infections should not swim in a pool in which others swim until the infection has resolved and recovery is complete. The time required to eliminate an infection and to no longer be considered infectious varies, depending on the organism, but waiting at least two weeks after complete recovery before swimming in a public pool is recommended. In the world of infectious diseases, there are relatively few that are relevant to your swimming decisions. Perhaps the most important thing to know about preventing the spread of illness while swimming is to avoid the pool if you have a diarrheal infection or have been diagnosed with one of the waterborne communicable diseases mentioned above. If you dont have any of those illnesses and are otherwise healthy, you may still have no choice rules are rules but speaking from a strictly medical point of view, theres little reason to shower before swimming unless thats what you like to do.
Rules Posted by Pool2:
14) All State and County Health and Safety rules must be obeyed
COMPLAINT: There are rules for chemicals being used in the pools for the safety of the Tenants and these rules are directed at the owners and resident managers. Clearly Jake Saady, Resident Manager needs to read these rules so as not confuse himself with Public code and code designed and directed at the management. Public pool rules that are directed or enforced by threat at Private pools and their Tenants are not enforceable by state or county law and if you try to enforce these rules that dont apply to private pools, youll be sued ASAP by every tenant here! Do you really want to close down your own business, and pay for the relocation of ALL Tenants because this is what you will be facing.
Rules Posted by Pool3:
ABUSE OF RULES BY RESIDENT MANAGER:
Pool side Rule #16 Management reserve the right to restrict the use of all recreation areas as to hours, purpose and conduct for the for the benefit of all residents. This right may be excised at the soul discretion of management.
COMPLAINT: This is the MOST OUTRAGEOUS rule that has been posted at the pool. The Park has turned into a CONCENTRATION CAMP with a NEO NAZI RESIDENT MANGER who has over stepped his authority over the good rent paying tenants. Several tenants have already moved out of the Park to other Parks to avoid being under the threaten command of this RESIDENT MANAGER. If this is not clear to the owners that tenants will be moving, and even with a 12 months of FREE rent offer, you wont get new tenants. This long complaint can easily be put online for all future tenants to see who want to read reviews about this Park. Just one BAD review like this one, will close your future business down completely and all it took was one BAD APPLE that the owners brought in as a Resident Manager.
Retaliatory Action $33-1491
If a landlord retaliates by increasing rent or decreasing services or by bringing or threatening to bring an eviction against a tenant after any of the following, it is presumed to be a retaliatory action against a tenant and it is up to the landlord to prove otherwise. (1) Tenant complains to a government agency charged with the responsibility of enforcing building or housing code of a violation materially affecting health and safety; (2) Tenant complains to the landlord of a violation of the Act. (3) Tenant organizes or becomes a member of a tenants union or similar organization; (4) Tenant files an action against the landlord with the hearing officer or court.
COMPLAINT: Last year Jake Saady, Resident Manager, was upset about a scratch on a billiard table that ONE individual did by accident, this out raged Jake Saady, Resident Manager, and as a Retaliatory action he closed down the Billiards room and LOCKED DOWN the swimming pool for 3 days. He did this to punish ALL 300 tenants in the Park. This Retaliatory action alone shows how unstable and out of control Jake Saady, Resident Manager is. On its own this Retaliatory action against ALL Tenants should be enough for a dismissal and removal of Jake Saady, Resident Manager. The list just goes on and on, HOUSTON we have a PROBLEM, MISSION CONTROL, THE Bird is crashing and we want to avoid legal action against the Park and this management. We will move forward on his removal one way or another!
Gated Security none!
COMPLAINT: It is an oxymoron to say that VIDEO SURVEILLANCE is used for resident security, when the Gated community entrance is LEFT WIDE OPEN with no keypad security code required. Every week the billiards players come to play pool at the activity center from various other Parks, and the GATE is LEFT WIDE OPEN for half a day long periods, allowing anyone to enter the Park without any restrictions. There is no one even present at the gate to check whos coming in when the Gate is left wide open. Were not sure if Gated community really means anything, when anyone can just drive in or walk in, with no questions asked. Luckily, we have VIDEO SURVEILLANCE and have been told by Jake Saady, Resident Manager, that certain female tenants at the pool really look good on his video monitoring screen.
Smoking Laws in Arizona
In November of 2006 the citizens of Arizona made their voices heard by passing the Smoke-Free Arizona Act A.R.S. 36-601.01. This landmark statute prohibits smoking in most enclosed public places and places of employment including (but not limited to):
Restaurants, bars, grocery stores, or any establishment that serves food
Office buildings and work areas such as meeting rooms, employee lounges, classrooms, and private offices
Health care facilities, hospitals, health care clinics, and doctors offices
Company-owned or employer-owned vehicles during working hours if the vehicle is occupied by more than one person
Enclosed common areas in hotels and motels
Lobbies, elevators, rest rooms, reception areas, halls, stairways, and any other enclosed common-use areas in public and private buildings including condominiums and other multiple-unit residential facilities
Any place of employment not exempted. Click here to view exemptions.
Smoke-Free Arizona Law Exemptions
While the goal of the Smoke-Free Arizona Act is to protect Arizonas citizens from the dangers of secondhand smoke, there are some exempt public places, defined by A.R.S. 36-601.01 (B), where smoking is allowed. Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means
COMPLAINT: Last year Jake Saady, Resident Manager, has been making up NEW Rules which by law are illegal, he has told tenants verbally and in warning letters that smoking was prohibited pool side on the outdoor patio. These kinds of threats, warnings and attacks on tenants are illegal according to state law and are considered harassment by the management. Again, this comes down to the lack of education and training of a Resident Manager. We cant have an authoritarian manager that is clueless and uneducated as this disturbs the peace and relaxation of a retirement community. When Resident Managers get out of control, then its time we take control of the real problem and remove the Rotten APPLE!
Sunrise Vista Mobile Home Park an Age 55 Community
This document expires December 31, 1999. This statement will automatically renew for an additional one years period on January 1st of each year unless revised or cancelled upon proper notice.
As this document has not been revised or cancelled it is therefore still in effect. This document clearly states the following: Accessibility to Disabled Persons: Sunrise Vista is committed to providing an accessible physical environment for all residents. The Park will make reasonable accommodations to its rules, restrictions and community facilities to assure that individuals with disabilities can fully enjoy their residency, and to provide all facilities and services on the same basis to disabled individuals as non-disabled individuals. Residents who feel that such an accommodation is necessary should contact the management.
COMPLAINT: It is with great disappointment that we had to experience the abusive nature of the removal of one of our disabled tenants who was forced out and evicted by Jake Saady, Resident Manager do to his lack of education and understanding on how to deal with disabled people. Recently, Jake Saady, Resident Manager evicted a disabled person on the grounds that he argued with Jake Saady, Resident Manager and refused to listen to Jake Saady, Resident Managers yelling and abusive nature towards him. The poor gentleman Kenny was subsequently forced to leave with NO REGARDS to the previous Statement of Policy. Kenny was of no harm to anyone nor was Kenny ever upset with anyone, unless provoked and abused by Jake Saady, Resident Manager. This is an ongoing abusive issues and problems with the manner and behavior of the management. The management has not worked in the best interest of the tenants nor has the management tried to ever workout any solutions with tenants. This matter of the eviction of a disabled person will be brought to the attention of the state attorney for further review and investigation into the conduct of the management and its owners.
Sunrise Vista Mobile Home Park an Age 55 Community
COMMUNITY GUIDELINES (RULES AND REGULATIONS)
Section 1) All notices and directives posted in the Park by Management are incorporated by this reference. All community guidelines of the Park will be interpreted and applied in a reasonable manner.
COMPLAINT: This statement above is in direct violation of The Arizona Mobile Home Parks Residential Landlord and Tenant ACT - Landlord must give all tenants 30 days notice of by mail of any changes of rules $33-1452(D) Posting New signs and rules arbitrarily on a whim to create an authoritarian park is unacceptable and does not promote enjoyment and convenience to the tenants in the Park. In fact the more rules that are applied creates an action of losing benefits from something that was previously available to enjoy. When the management begins to create its own agenda to disrupt the Parks tenants whos main purpose is to have a relaxing retirement without torment, abusive shouting and a commanding management, then its time to remove the unsuitable people who think they are in charge and simply dont understand that they are here, to serve, and not to command.
Section 8) EXTERIOR RADIO OR TELEVISION ANTENNAS OR DISHES OR SIMILAR ITEMS: A. No exterior radio or television antennas or dishes or similar items may be erected on the home or the space except in compliance with this rule. 1. Antennas one meter or less in diameter or diagonal measurement which are designed for over-the-air receptions of signals from satellite, wireless cable or television broadcasting facilities, together with their associated mounting hardware and mast, if applicable, may be installed subject to the following restrictions: a. The installation must not be visible from any other space, the common areas, or any street. If this is not possible without impairing the ability to receive signals, the installation must be screened by landscaping or other means approved by the Park to minimize visibility without impairing receipt of the signal.
COMPLAINT: The installation of VIDEO Cameras on roof tops by the Pool and around the Park are ALL in direct violation of these Park rules. These VIDEO cameras are intrusive and are not a security feature, rather they are a serious eye sore and a constant aggravation to the tenants rights to enjoyment and relaxation without the constant VIDEO SURVEILLANCE OF TENANTS. This park has become a Police Park and no longer is there a relaxed mood or enjoyment. Since the VIDEO cameras have been installed many tenants no longer want to go to the pool as they always feel they are being watched, and its a very eerie and frightening feeling when you know just who is watching you. Jake Saady, Resident Manager! This kind of surveillance is really crossing the line, and is highly suspect in its nature, as it has become a spy center on tenants.
Protecting Arizonas seniors from abuse and exploitation is an important function of the Attorney Generals Office. Arizonas seniors are often vulnerable to physical abuse and neglect by caretakers and many times are specifically targeted by those attempting to defraud them through home repair, living trust scams, bogus charities and other financial scams.
COMPLAINT: When a landlord makes veiled threats, direct threats, or becomes abusive in his demeanor or shouts at senior citizens this becomes a reasonable suspicion of a crime. These abusive interactions to scare tenants about eviction are scare tactics which are very effective with senior citizens age 85 to 95 who are worried they would be on the streets with no place to go on limited incomes. These threats to obey or leave are a serious abuse of power and amount to criminal behavior by a landlord who uses Elder verbal Abuse and threatens tenants with eviction whenever the landlord wants to flex his powers. Many letters have been sent out by the landlord to tenants warning of minor infractions however the tone of these letters are such that tenants are given 3 warnings before being evicted. No landlord has the right to threaten eviction and cause emotional distress or abuse elders to the point of fearing for their lives and welfare as it is done here at Sunrise Vista Mobile Home Park. If we find another incident that is witnessed of Elder Abuse we will immediately report reasonable suspicion of a crime to the Department of Health Services and at least one law enforcement agency.
In conclusion we have way too many issues and problems with the current Resident Manager and
honestly, we just dont want to continue this poor relationship and want a peaceful, non antagonistic, non confrontational, and free of video surveillance and spot lights on tenants life style, as its not designed as a security measure, its been designed to control, command, and remove tranquility that we once had in the Park. We are not looking to live in a Police environment, this is a retirement community and it needs to offer helpful, comforting, serenity, peaceful and relaxing community, anything else and our Shangri La has been taken away.
As we have attempted in the past to work with the Resident Action Committee and was stonewalled with inaction. We will give you 48 hours to cleanup these problems, if this is not handled ASAP we will submit ALL our complaints to each of the following agencies and you can respond to them directly.
Department of Fire, Building and Life Safety
Arizona Secretary of State
Arizona Attorney General, Tom Horne
Arizona Department of Health Services
Maricopa County Sheriffs Office
Official Site of the City of Phoenix - Phoenix Police Department
MESA POLICE DEPARTMENT -- MESA, ARIZONA
Arizona Local News - Phoenix Arizona News - Phoenix Breaking
FOX 10 News - Phoenix, AZ | KSAZ-TV - Home
ABC15.com | Phoenix, Arizona | News, Weather, Sports | KNXV-TV
This report was posted on Ripoff Report on 08/23/2012 06:45 PM and is a permanent record located here: http://www.ripoffreport.com/r/Sunrise-Vista-Mobile-Home-Park-Mesa-Az/internet/Sunrise-Vista-Mobile-Home-Park-Mesa-Az-BPI-Capital-Management-Inc-Formal-Complaint-Fil-931769. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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