@Drew Sygit that's a good point re: the PMC. and fairness, was curious what others thought, especially those that are significantly more knowledgeable. Typical assumption is that security deposit would 100% go to cover property damages - that's the whole nature of the deposit IMO. It's a learning experience to find out it may not be the case - and a good question to ask in the future.
From an owners point of view I feel interest should be aligned and PM's get paid parallel to owners. Thats at least how most PM's pitch their business' - owners have bills to pay as well, in the case here the PM failed to secure the rent payment but still took their fees out of the security deposit. While yes they spent time on something they were unsuccessful and still got paid, while me as the owner is out thousands of dollars due to tenant not paying rent and causing quite a bit of damage.
I will be asking them to credit me back any fees they took for themselves out of the security deposit - well see where we land.