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The HOA President Responded With The Board Decision – Prime The Popcorn

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!

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.

GM First Response

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.

Woosah

 

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

Board 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.

Next Steps!?

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.

Checkย  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 ๐Ÿ™‚

Want to continue reading? Next article in this series posted below!

Part VII: Time For Legal Advice From A Local Florida Attorney โ€“ Will See What Guidance They Provide

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S**t Is Getting Real – I Posted In My HOA Homeowner FB Group And Got People Fired Up

Ok, s**t is getting real! I typically don’t get involved with my HOA. I pay my dues every month on time and they don’t hear from me. I abide by whatever they have in place. This HOA however, has been insane to deal with. They are the only HOA in the two different resort communities I own in that are causing issues. Issues like not abiding by the law and thinking they are above the law.

So for everyone who is interested, I thought I would post the entire chat in the Facebook group. I am stubborn, I will admit that. I am stubborn when I see something that is wrong and won’t stand for it. This HOA has been able to get away with anything since they opened, and it is time for someone to step up and tell them they are wrong. That someone may just have to be me.

Before you begin reading, if you didn’t catch my last post, read it first here!

Before reading the remainder, if you would like to read the executive order put in place for short term rentals in the state of Florida, click the link.

A little context before you begin reading on who some of the people on the board are:

  • Ken – Board President
  • Kimberly – Crazy Homeowner On the Board

Enjoy ๐Ÿ™‚

HOA True 1

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To read Part 3, click the link below! The story continues getting even more wild!

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Calling HOA To File Lawsuit!?!?! Short Term Rental Update – Ol’ Faithful

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 ๐Ÿ™‚

Conrad Pic 2

Email to Conrad Pic 1

 

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 ๐Ÿ™‚

 

Conrad Pic 3

 

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.

Conrad Pic 4

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

What’s Next

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!

Key Takeaways:

  • 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.ย 
  • 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.ย 
  • Stay positive! Control what you can control.ย 

Checkout PartII below to continue reading about this crazy story!