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FirstService Residential review: Damage to personal property

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On or about November 30, 2023, staff or contractors of FirstService sprayed large amounts of water onto the personal property on my patio. I contacted FirstService immediately and my family filed an online request for assistance in cleaning up all the water damage. I spoke to self-identified FirstService employee, Ryan Palmer, who informed me that FirstService was performing “scheduled water tests” above my apartment by spraying large amounts of water on the walls to see where they leaked through.

Mr. Palmer stated these tests were “non-emergency, pre-planned” events. I asked why I, as someone whose personal property was below the water spray and was getting damaged by it, had not been notified and Mr. Palmer said only FirstService staffer Kelsey Gamez could “green light” giving notice to residents beneath the water spray. I asked that FirstService clean up the mess and Mr. Palmer said no. I asked if he would please give advance notice of any future water “tests” so I would have the opportunity to move or cover my patio furniture and other personal property (*note, the water was sprayed on nice, sunny days when I generally keep my furniture uncovered; only covering it if there is inclement weather to protect it from damage). Mr. Palmer refused and again said only Ms. Gamez could give me advance notice of the water. I then contacted Ms. Gamez and reiterated my request for advance notice of the pre-planned, non-emergency water discharges.

On or about November 30, 2023, Ms. Gamez emailed, acknowledging receipt of the notice and saying she’d get back to me. On December 1, I uploaded photos and videos to show the copious amounts of water and explained the water had to be cleaned up because it was dirty and staining and soaking the furniture. I told Ms. Gamez that if her staff wouldn’t clean up the mess they had caused, I would hire a cleaner to do so but would expect reimbursement from FirstService. I then offered to speak with her anytime at her convenience and/or to show her the damage in person. Ms. Gamez did not respond.

Despite repeated requests on my part for advance notice to enable me to prevent further damage to my personal property, FirstService staff ignored me and, without providing the requested advance notice, on or about December 6, 2023, again on a sunny day when my personal property was uncovered, commenced spraying large amounts of water down on my property. The water, running on the building, became very dirty and stained and soaked the white furniture. Ten days later, December 11, 2023, I followed up by email to Ms. Gamez, who declined to assist. I hired a cleaner to fix the damage at a cost of $150 per incident. I asked FirstService only for a reimbursement of the 2nd $150 – for the damage caused after I’d requested advance notice from them. They declined.

First Service owes, at a minimum, the 2nd $150. FirstService is responsible, particularly where, as here, the individual damaged requests advance notice so furniture can be covered and people can go indoors during the discharging of all the water, which was not given even though the so-called “water tests"were, per FirstService’s admission, pre-planned and notice could easily have been provided. If the management company damages personal property and/or causes debris, whether liquid or otherwise, to enter private property, they are responsible except in limited circumstances which do not apply here.

As a hired company at the building, FirstService has a duty of reasonable care to engage in its tasks without damaging personal property of residents at the building. FirstService breached that duty by, at first negligently and then later willfully, discharging dirty water onto my personal property, thereby causing damage.

FirstService was put on notice and a written request made for advance notice of the non-emergency, pre-scheduled"water tests," which, per Ryan Palmer, FirstService declined to provide, thereby intentionally and without justification causing personal property damage.

First Service Contact: KELSEY GAMEZ

Senior Property Manager

575 Fifth Ave, 9th Floor | New York, NY 10017

Direct 212.634.8979

Email kelsey. [protected]@fsresidential.com

Claimed loss: $300.00

Desired outcome: Reimbursement of $150 for the damages caused by FirstService after advance notice of their pre-planned, non-emergency water discharges onto personal property was requested.

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