The HOA President responded with the board decision. It is now time for some fun to begin.
Before going into the response from the HOA President with the boards final decision, there is too much going on in this crazy story to not start from the beginning! Below are the first five parts to this wild story. Make sure to read to get caught up prior to reading this post!
- Part I: Calling HOA To File Lawsuit!?!?! Short Term Rental Update – Ol’ Faithful
- Part II: S**t Is Getting Real – I Posted In My HOA Homeowner FB Group And Got People Fired Up
- Part III: Security Turned The Guests Away This Morning – I Watched The Whole Thing From Inside The Gates
- Part IV: Lawyer Time – I Spoke With A Lawyer Over The Weekend, And Here Is What They Said
- Part V: Lawyered The S**t Out Of The Final Email To The HOA & Board
Time For the HOA Response
At this point, I am getting butterflies in my stomach each time a new email comes across. I have never gone through anything like this and the reality is I don’t want to have to seek legal action against the HOA. The last thing I want to do is cause any problems or issues. My interpretation of the executive order is that I can rent my home out for more than 30 days. Again, I could be reading the document entirely wrong. I am not a lawyer and I don’t plan to become one anytime soon.
So here we go. I received a response from the GM of the Resort. Butterflies are racing in my stomach. Hands started to get a little sweaty. I had no idea what to expect as a response. This could be the email response that leads me to go down the path of filing a lawsuit to seek damages of rental income for the resort HOA not abiding by what I believe to be the law.
At this point, I have to believe that the GM realized from reading my email that a lawyer helped me put it together.
Time To Take A Deep Breath
It was now time to sit down and relax a little bit. There was nothing I could do to control what the board comes back with in an email response.
It was now a waiting game.
8 Hours Later…A Response From The Board
8 hours later, I received a response. However, this response was from a different email I had not seen before. It was an email directly from the HOA on an email address I had never seen before. Again, the butterflies are going in my stomach.
Here was the response
There you go. Dagger. According to this email, the HOA board reached out to their attorney and confirmed that I am reading the state executive order wrong.
Why do documents of law have to be so complex. I went back to read the state executive order again and at this point I need to stop making my own opinion on what the executive order says and I need to get a local attorney to review.
At the end of the day, as I have said before, I want to follow the law. And I have interpreted the law as I can rent my place for over 30+ days.
Now that I have officially received a response from the HOA, it is time to speak to a local attorney to ask for guidance on the executive order. I simply want someone to be able to tell me what I can and cannot do based off this law.
There is additional research I still need to do. One thing I do want to research is what is considered a long term rental in Florida and see if I can abide by that as the executive order (I believe) makes it clear that long term rentals are fine.
Check back tomorrow to see how the conversation goes with the lawyer! This has been a wild journey so far. I am continuing to learn new things every day this continues.
I am looking forward to how this makes me stronger as an investor moving forward.
Again, THANK YOU FOR ALL THE SUPPORT AND MESSAGES! I have been trying to document this journey so hopefully others can learn or at least gain insights into some of the real challenges that come with real estate investing. Probably learning a few things about not wanting to buy in neighborhoods with HOA’s as well haha.
I will post in the coming week on my overall viewpoints on HOA’s. I am sure you have developed your own opinions of them 🙂
Want to continue reading? Next article in this series posted below!
Part VII: Time For Legal Advice From A Local Florida Attorney – Will See What Guidance They Provide