That’s right! Before you start asking questions, let me explain a little bit. I am going to be filing a lawsuit against my HOA at one of my short term rental properties. Here is why.
I have been doing some research and talking to a lot of people about the situation I am in with Ol’ Faithful. To give a quick update of what is going on with Ol’ Faithful, checkout one of my last articles.
The other night, I was talking to my parents and talking to them about what is going on. My mom made a good point that I should call my uncle who is a real estate agent in Phoenix. He has also been a real estate investor for over 40 years and knows this business inside and out.
Here are some of the emails I sent back and forth to the HOA GM yesterday. You can make your own judgements on how they are handling the situation 🙂
The GM of the resort continues to defer to the law put in place by the governor. So I decided to take the actual exert from the law signed into order and sent it to him in the below email 🙂
Here is something that did frustrate me. I specifically asked the GM if I could rent to first responders, and he even said no to that!
At this point I am sure he is very tired of me. But he also don’t understand who I am and that I can be very persistent when something is wrong. Which is this exact case.
What I Did This Morning
First, I called my uncle this morning and explained what was going on. I talked him through the executive order that was signed into law and all the email communication that was sent back and forth with Conrad.
My uncle has been investing in real estate for over 40 years. He is one of the highest rated real estate agents in Phoenix. So he has dealt with pretty much everything.
After explaining the situation, he told me just email the HOA and say you are going to sue them for any and all damages based off exactly what the executive order says that was signed in by the governor. He said there is nothing they can do to go above the government if the HOA bylaws don’t state anything of this nature that they can or would have the authority to do. I read the Bylaws and couldn’t find anything in there that states they are allowed to do this.
Now that I knew they were in the wrong, I decided to just try something. Me emailing the HOA president obviously didn’t work, but I wondered what would happen if I just called the security gate to let them know I have someone checking in tomorrow and staying for a month.
So I called the security gate. I told them I have someone checking in tomorrow. The gate security guard asked for the guests name, check in time, and how long they would be staying.
I gave the security guard the information and asked if my guest would be able to get in tomorrow morning. They said yes. WHAT?!?! Really? Okay bahahah
So now here we are. The day before my guest is supposed to check in for 31 nights. The security gate has told me the guest will be able to check in. Awesome.
I know the guy who is going to check in (I actually randomly paired up with him in golf last weekend). I gave him all the information to get in and told him to call me if there are any issues.
Looking forward to my guest checking in tomorrow without any issues and now being able to bring in $1,600 this month for Ol’ Faithful!
- Talk about what you are doing and the things that are happening in your life. You may forget some of the people you know who have knowledge and expertise who could help out.
- Always be respectful in all communication to people. Even though I was frustrated with the GM of the resort, I tried staying professional in all my communication with him.
- Stay positive! Control what you can control.
Checkout PartII below to continue reading about this crazy story!
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[…] Part I: Calling HOA To File Lawsuit!?!?! Short Term Rental Update – Ol’ Faithful […]