visit this site right here The following is what has happened since my last post regarding our landlord/tenant situation. If you didn’t read the blog post last year, “Dealing with Flatirons Community Church..”, it is still up on our website and will help explain our conflict last year, but is not essential to understanding the position we’re in now. Please share with anyone who would want to know about this, especially members and staff of FCC who deserve to know that this is going on. It is long, but I want to share the story and am asking for help.

her explanation To quickly recap the situation outlined in the blog last year, we were questioning CAM (common area maintenance) fees that increased significantly in my reconciliation of 2015’s actual expenditures from FCC, despite multiple inputs that should have reduced them or at the very least maintained them as they were. These increases were never explained by FCC. I was provided with invoices of services rendered, but many of them were quite vague and not determinate between capitol improvements which I have zero financial responsibility for as a tenant, and actual Operating Expenses which I am responsible for my share of. No actual benefit received reflected these increases and FCC could not point out any either. In our meeting following the reconciliation, I brought to light 2 instances in which I had been overcharged based on the data that I Quality Tastylia Drugs At Low Price No Prescription Needed did have. These were resolved without ever an apology from them to me about having admittedly overcharged me. See the actual post for a very detailed explanation of all this.

After that post, the Daily Camera featured our dispute in an article which included this: “What Otteni fails to understand is that a large portion of this increase was property taxes, which Boulder County increased significantly, according to Flatirons Chief Financial Officer Michael Koehn, adding that those costs are out of the hands of the church.” As you will see in last year’s post, property taxes are not any part of what I was disputing and I do not ‘fail to understand’ that that taxes are not determined by my landlord. Property taxes were never mentioned by me in our original meeting in 2016 or at any point since, verbally or in writing between us, ever.

I was told in writing on 2 separate occasions early 2016 that specific steps were being taken by FCC to reduce CAM fees in 2016 and that would happen 6 months into the year. When this time came, I inquired and Koehn responded that fees would not be reduced despite what they had promised. I hired a CPA entirely at my own expense and we requested an audit, a 3rd party review of this accounting to ensure I wasn’t being overcharged (details of this outlined in last year’s post). The lease allows me this opportunity in the 60 days post-reconciliation. We were technically past that time period, but I asked Koehn to please honor the 6 month point of promised re-assessment and reduction of those fees as the 60 day starting point. He declined and refused to cooperate with the audit, though it would have cost FCC nothing and would only ensure the accounting was fair and appropriate.

If you go to the financial page of FCC’s website, you will find this: “the Church’s accounting records are open to anyone who would like to examine our books…”. When I asked Koehn why I did not qualify as “anyone”, he replied that he was unwilling to allow the audit to “maintain the integrity of the landlord/tenant relationship”. I paid what was demanded of me in good faith.

Fast forward to this year’s reconciliation. Charges were outlined that Koehn claimed I am solely responsible for as they purportedly applied to my unit specifically. Later that month, they hired a management company to handle payments and I began paying rent through an online portal with this company. Base rent and CAM fees had increased with this transition and therefore, I assumed this company had appropriately reallocated the amount they were demanding from me personally into the amounts shared by all tenants and therefore this is why there was an otherwise unexplained increase in my share, reflected on my portal. I had no idea they were still expecting me to pay a lump sum since I was told ALL payments going forward were through this portal and my rates had increased here. It only resurfaced when a recent email from a financial officer of FCC inquired when I would be paying the amount originally requested of me originating from service to the HVAC system servicing multiple units.

Here is a quote from my email in response to the person handling this: “Our suite does not have its own HVAC unit and therefore is part of all HVAC service/repair (see articles 5 and 9 of the Lease) that should factor into the total that is split between tenants based on square footage, not billed to me individually. Accordingly, this is how it has always been done every other year under previous and current management.”

From the same email from me: “Furthermore, had this been my financial responsibility as an
individual tenant, it should have been up to me to handle the repairs. For instance, when (name omitted) was managing the property, I had two separate plumbing issues that he determined were my responsibility, I took care of them on my end. Had these HVAC repairs actually been my
responsibility, then I would have been responsible for arranging this and payment (see Article 10a)…..I am responsible for paying my share of these repairs, but not the entirety. If these fees are factored into the whole and recalculated (and presumably other charges that have been requested of other individual tenants), I will, of course pay my fair share of the recalculated monthly. ”

Their response was to find another way to demand even more money from me which I won’t go into detail of here. So, now yet again this year they are demanding thousands of dollars from me on top of the drastically increased CAM fees I paid monthly in 2016.

Here is the entirety of the next email I sent them2 days ago: “I will gladly pay this amount in full if you will allow a 3rd party audit of the reconciliations of 2015 and 2016. I have plenty of reason to question FCC’s accounting based on history and it is not in my best interest to unquestioningly pay you thousands of dollars. Again. If the accounting is appropriate and fair here, this only works in your favor. The audit would be a CPA hired at my expense. Let me remind you as I reminded Michael Koehn when he refused to cooperate with an audit in 2016 that this is taken directly from your website: “the Church’s accounting records are open to anyone who would like to examine our books…”. Certainly that would apply here, as I am ‘anyone’.

I got no response at all to this request for an audit. Instead, I got a hand delivered letter yesterday from their lawyers threatening eviction and claiming I am in Default (a status that allows them to kick me out and still make me pay them monthly rent).

Let me reiterate that I have paid every single cent of rent and other fees demanded of me up to this point not one day late, ever, throughout all of this. I have also, as you have now read, agreed to pay every cent determined due of me, if confirmed by an independent 3rd party as is outlined in my lease as the appropriate next step when fees are disputed.

It is important to remember here that, as noted earlier and outlined in last year’s blog, I had to point out 2 instances in which they did overcharge me and one that they falsely claimed they could have, they just ‘decided’ not to. That was merely what I could actually prove last year. There were also incorrect claims of what I had been paying through the portal in our recent interactions quoted by their financial representative that I had to correct them on.

So, there is a history of accounting mistakes resulting in my being overcharged, and ALL I HAVE ASKED FOR BOTH YEARS IS FOR AN AUDIT PERFORMED BY A CPA THAT I WILL PAY FOR MYSELF, SIMPLY ENSURING THAT THEY HAVE NOT MADE OTHER MISTAKES THAT NEED TO BE ALTERED. Now they have lawyers involved. I have never accused them of overcharging me intentionally, I just want fairness.

The above is factual and I have proof of everything. There are two sides to every story, sure but there are not 2 sides to factual information.

Anyone reading this who could help me with legal council here, please let me know asap. I can not afford paying traditional legal representation fees, but I believe I have rights here that are being threatened.

To put things in perspective, this is a large, powerful, wealthy organization. On their financial page they claim ‘total assets’ in 2016 as $42,998,028. They’re getting lawyers involved here over a few thousand dollars from a small business owner who they’re meanwhile forcing out of the building like other businesses before me (they have already said they will not renew my lease). Considering all that together with the fact that they are a church, is baffling to me.

I have no problem with anyone who is a member or staff of this church not directly involved in the poor treatment of me and other tenants here past and present. I have friends who are staff and members. I give people the benefit of the doubt, and I know there are many, many good people at FCC.

I assure you, regardless of what happens here, we will not be evicted. If the strong arm of this organization is too powerful to fight, so be it. Its only money, and I have forgiven them. I can only do my best to stand up to this. Again, please help if you have landlord / tenant law expertise and care about this.

Thank you for your time!