Showing posts with label Massachusetts. Show all posts
Showing posts with label Massachusetts. Show all posts

Sunday, September 21, 2014

Kaliko Estates, an overflowing dumpster and dog shit

Trash around the dumpster at 350
Riverbend Street.


105 CMR 410:

Garbage and Rubbish Storage and Disposal

The owner of a dwelling containing three or more units, the owner of a rooming house and the occupant of any other dwelling shall be responsible for providing receptacles in sufficient number for the storage of rubbish and garbage. These receptacles must be located so that odors do not enter the dwelling. Garbage or mixed rubbish and garbage shall be stored in rodent-proof, watertight, covered containers. Plastic bags will not be considered sufficient. [410.600]

An occupant exclusively occupying or using any part of the dwelling is responsible for maintaining it free from garbage and filth. [410.602(B)]

The owner of any dwelling must keep any part of the dwelling which is used in common by all occupants free from garbage and filth. [410.602(D)]

Does it seem as if Douglas Pochini, the Property Manager of Kaliko Estates in Athol, Massachusetts, takes these Commonwealth of Massachusetts regulations seriously?

Not only does garbage often collect around the dumpster, giving off an offensive and disgusting smell, some tenants continue to allow their dogs to shit on common areas. This even though Kaliko Estates was cited for this very issue by the Athol Board of Health.

Kaliko Estates: Don't move there!

Saturday, September 20, 2014

Kaliko Estates: No peace under the management of Douglas Pochini

There is no peace at Kaliko Estates on Riverbend Street in Athol, Massachusetts because the Property ,Manager, Mr. Douglas Pochini, is failing to address serious issues as they arise.

While he has served devout Catholics with a retaliatory eviction (which failed in a Court of Law), simply because they asserted their rights under the law, he ignores the real problem of other tenants who have routinely disturbed the peace.

The Athol Police Department has had to respond to various complaints at Kaliko Estates on an almost weekly basis. Tenants screaming profanity and threatening one another has been a problem; youths were seen opening mailboxes and throwing rocks at them. One tenant has considered filing for a Harassment Prevention Order from the local Court according to The Athol Daily News.

Kaliko Estates is making quite a name for itself.

Don't move there.

Wednesday, March 19, 2014

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.

Sunday, March 16, 2014

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.