Mr. Pochini, in his role as Property Manager for Kaliko Estates, fails to inspect and maintain a record of inspection for carbon monoxide alarms

A tenant at Kaliko Estates, having received a letter from Mr. Douglas Pochini regarding a faulty carbon monoxide detector, writes:

                                                                                                                                 March 21, 2014

Mr. Douglas Pochini

Kaliko Estates, LLC

32 Sandy Pine Road

Templeton, Ma 01468

We are in receipt of your letter dated March 20, 2014 with regard to the defective carbon monoxide detector/s in our unit.

In your letter, you wrote, “After multiple attempts by Dennis to reach you by phone or email to gain access for this repair, we feel it necessary to send you this letter to schedule an appointment.” We have not received any voicemail from Dennis Ring regarding this long-needed repair. And if he was using an old email address to reach us, that is not our affair.

We have advised you in the past about this issue. But you chose to ignore us. Please be advised that 527 CMR 31.07 states clearly that every landlord shall inspect “every carbon monoxide alarm upon renewal of any lease term for any dwelling unit or on an annual basis, whichever is more frequent.”

In addition, landlords have the responsibility to replace alarm batteries annually and to maintain a record of inspection, maintenance and testing on a form prescribed by the Marshal and kept on file with the head of the fire department.

Had you actually been following Massachusetts regulations and state law, you would have witnessed first-hand our carbon monoxide alarm which is unserviceable and which even lacks a cover. But then, you have never demonstrated anything but contempt for state law and Commonwealth of Massachusetts regulations.

You should also know that you are in violation of M.G.L., c. 148, Section 27A which stipulates that carbon monoxide systems shall not be disconnected or otherwise rendered unserviceable without first notifying the fire department."

 

 

This same tenant was falsely accused by Mr. Pochini (in what amounts to libel) of "pounding" on walls.  This after billing the tenant for water and sewer in violation of M.G.L., c. 186, Section 22.

 

Mr. Pochini has shown time and again that he should not be in possession of a real estate broker's license.  It is time for the state to act.  The question for now: Will the Town of Athol hold Kaliko Estates to the Fire Code?  Or does Mr. Pochini have some sort of influence on the Athol Fire Department.

Douglas Pochini fails to comply with Massachusetts law with regard to carbon monoxide detectors

The state of Massachusetts, at this website, answers the following question with regard to carbon monoxide alarms:

What Am I Required to Do if I’m a Landlord?
The answer:
 Landlords must install CO alarms in each dwelling unit. Landlords also must inspect, test and maintain the CO alarms at least once a year or at the beginning of any rental period (such as lease renewal). Batteries are required to be replaced once a year. Tenants should report any problems with alarms to the landlord immediately and learn to recognize the difference between the smoke detector and the carbon monoxide alarm.

But Douglas Pochini, true to his character, apparently doesn't give a damn what the law has to say.  He has demonstrated this time and again.  This individual continues to operate as a real estate broker in the state of Massachusetts while flouting Massachusetts law.  Why is this tolerated?  Why is it that one tenant found it necessary to contact the Athol Daily News so that the local health board would finally charge Kaliko Estates (of which Douglas Pochini is the Property Manager) with violations of M.G.L., chapter 186, section 22?

Relevant reading:


"Section 26F1/2. (a) Every dwelling, building or structure, including those owned or operated by the commonwealth, occupied in whole or in part for residential purposes, that: (1) contains fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall be equipped by the owner with working, approved carbon monoxide alarms in conformance with the requirements of the board of fire prevention regulations; provided, however, that such requirements shall include, but not be limited to, a requirement that a landlord or superintendent shall install either approved monitored battery-powered alarms or approved electrical wiring alarms as defined by the board, as are required to make the alarms operational at the beginning of any rental period by lease or otherwise and shall maintain and, if necessary, replace batteries or such battery-operated or electric hardwired carbon monoxide alarms annually thereafter to insure their continued operability.
(b) The board of fire prevention regulations shall promulgate such regulations as may be necessary to effectuate this section including, but not limited to, the type, installation, location, maintenance and inspectional requirements of carbon monoxide alarms.
(c) Every dwelling, building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the requirements of this section.
(d) The state building code may impose stricter carbon monoxide alarm requirements for new construction or dwellings, buildings, or structures substantally renovated so as to constitute the equivalent of new construction. Every such dwelling building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the carbon monoxide alarm requirements of the state building code in effect on the date of the issuance of the relevant building permit.
(e) The head of the fire department shall enforce this section.
(f) The department of public health shall promulgate such rules and regulations as may be necessary to effectuate subsection (a) into the state sanitary code as established under section 127A of chapter 111."  See here.

Douglas Pochini: Should he possess a real estate broker's license?

Holding a real estate broker's license in the state of Massachusetts imposes a certain responsibility.  254 CMR 3.00: Professional Standards of Practice - 14 (f) states clearly that a broker shall comply with all the laws of the Commonwealth of Massachusetts.

But Douglas Pochini, a real estate broker who is based out of Gardner, Massachusetts (Pochini Realty), has not always complied with the laws of the Commonwealth of Massachusetts.  While serving as Property Manager for Kaliko Estates, LLC, a company which owns and operates Kaliko Estates townhouses of 350 Riverbend Street in Athol, Massachusetts, this real estate broker billed tenants for water and sewer services without meeting the requirements of Massachusetts law as set forth in M.G.L., c. 186, Section 22 and 105 CMR 410.354 (D).

As a result, the Athol Board of Health charged Kaliko Estates, LLC with violations of state law and the state sanitary code.  When some tenants filed a complaint with the Consumer Complaint Division of the Massachusetts Attorney General's Office, Mr. Pochini told that office that he would not return the monies obtained illegally to the tenants.  And when these same tenants filed suit in Orange District Court, Mr. Pochini waited until the day of the hearing and only then (faced with the prospect of standing before a District Court Judge) agreed during mediation to return the monies - and, in a glaring example of how dishonest he is, before returning the monies this charlatan had the audacity to claim that the tenants "had a verbal agreement to pay for water/sewer."  He was implying, therefore, that such an agreement was brokered through real estate agent Stephanie Pandiscio of Foster Healey Real Estate.  I wonder if Ms. Pandiscio or Foster Healey would appreciate that fact?

Because certain tenants have asserted their rights under Massachusetts law and have recaptured monies illicitly obtained by Kaliko Estates, LLC for water and sewer services, Mr. Douglas Pochini has served them with a Notice to Quit.

Mr. Pochini isn't big on following Massachusetts laws or regulations, not to mention the state sanitary code.  Which is why he has not complied with 527 CMR 31.06 which states clearly that: "Every owner, superintendent, or landlord shall, at a minimum, maintain, test, repair, or replace, if necessary, every carbon monoxide alarm upon renewal of any lease term for any dwelling unit or on an annual basis, whichever is more frequent.  All common areas shall be inspected annually.  All carbon monoxide alarm batteries shall be replaced, on an annual basis by the owner, landlord or superintendent."

If you are looking to purchase a home in North Central Massachusetts, I would advise against using Mr. Douglas Pochini or his agency Pochini Realty for your search.  I would also advise not to purchase or rent a townhouse from Kaliko Estates, LLC of 32 Sandy Pine Road in Templeton, Massachusetts.

The question must be asked: Should Mr. Douglas Pochini be in possession of a real estate broker's license in the Commonwealth of Massachusetts?....More to come.