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3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions) Mitch Drimmer

3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions) Mitch Drimmer

  • Posted: May 24, 2022
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3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions)

Anyone trying to buy a home right now knows that the market is a mess and that investors are their only real competition. The Washington Post determined that outside investors purchased a record share of sold homes across 40 major metropolitan areas in the US last year (1 in 7 homes sold!)  But this isn’t just hurting home buyers. That’s a huge number of absentee homeowners renting out space in condos and HOAs. A few long-term renters in your HOA or condo association aren’t a problem in the grand scheme of things, but rentals can get very out of hand very quickly if left unchecked.

Community Associations – It’s a Numbers Game

Keeping investors out isn’t a simple, or even always desired task. Because investors are not inherently bad. Especially in coveted vacation destinations, everyday people want to own a sweet little slice of heaven that they can use as they please and then rent out for the other half of the year. But too many investor-owned properties in your condo or HOA can alter the nature and even purpose of a community association.

The problem with investment properties becoming a significant percentage of your community association’s roster boils down to a potential lack of accountability. It’s kind of like one of those word problems you used to have in math class:

Let’s say you inherit a large garden space, and you are a watermelon lover. You share 500 garden plots with friends and neighbors so you can all grow watermelons to enjoy this summer. In the first year, you all grow delicious, beautiful watermelons, and life is good. But if the following year, 300 of the plot owners start letting people come in and use their soil however they like, the remaining 200 are stuck dealing with the potential consequences. One guy went and planted thistle, and the guy two plots away is planting lavender, and someone else planted cotton which would probably have been fine but now there’s a bull weevil infestation. Now the entire garden is suffering. If all 500 original gardeners were collectively responsible, it wouldn’t be such a challenge to face. But contacting absent gardeners to resolve the messes made by their amateur gardening buddies grows slimmer as the numbers climb– it’s just too much work for too few people.

In the story, your community is the garden, and the 200 who got stuck are the homeowners who are living in their own homes in the community. They are the ones left holding the bag when absentee investors do not respect the rules or engage with their community.

3 Ways Absentee Homeowners Can Hurt Your Condo or HOA

Making Quorum

Homeowner apathy has long been a thorn in the backside of HOAs and condo associations. From dismal meeting attendance to push-back on necessary assessment increases, condos and HOAs struggle when it comes to engaging with their residents. Now imagine half or more of your community’s homes aren’t owner-occupied or even human-owned if a business or conglomerate has bought them as an investment! Getting the votes to amend community documents, raising assessments, implementing special assessments–all of it becomes much harder, if not impossible, to accomplish. If homeowner delinquency reaches dangerous levels, coming back from those losses will be even more difficult to do successfully.

Community Comes Second

Especially when dealing with large, well-funded corporate investment entities, keeping your community, well, a community, becomes increasingly difficult. To a company, your community is a stream of revenue–it’s business! And that isn’t a bad thing on its own, but it can deeply impact everything that goes into creating a harmonious living space. Now it isn’t just about the maintenances that can’t get approved or the special assessments that are needed. Any changes to the community that help improve general camaraderie or success are likely to be shot down by those who are more concerned about their bottom lines than the welfare of families.

Investors Can Stage a Literal Coup

This is not a scare tactic or an “only in the right circumstances” situation we’re talking about–certain state laws, like Arizona’s Condo Act, include language that allows for Termination of Condominium in the event that a specified percentage of the units (80% in AZ) agree to terminate the community association. For investors, this means they could dissolve a community and force the remaining homeowners to sell their homes at “fair market value,” to be determined by an appraiser hired by the 80% calling for dissolution.

3 Ways HOAs and Condo Associations Can Push Back on Outside Investors

Keeping your community healthy is a necessity. Sometimes the best option is to stop potential nonsense before it has a chance to get out of hand. HOAs and condos have some options when it comes to weeding out the bad-faith investors and identifying the good ones that will contribute to your healthy community.

Set a floor.

Implementing rental minimums can be a huge help in staving off corporate investors. One popular option is imposing a minimum length for a lease. Dictating that leases must be over a certain number of days (30, for example) keeps away anyone trying to make a quick buck on pricey weekender rentals. You could also set a restriction on WHEN a tenant is allowed to begin leasing their units. Seven months is a common bar–it’s not so long that it turns away owners looking to have a winter or summer vacation property, but it’s longer than many corporate investors are willing to wait to begin renting a unit, especially when flips these days take so little time.

Set a ceiling.

Setting a bar on the maximum rental occupancy for the whole community is a brilliant way to stop investor encroachment. Limiting the rental percentage well below that 80% threshold we talked about is the simplest way to avoid investors taking over and dissolving your community out from underneath you and your homeowners. By setting a realistic, healthy rental percentage (which will vary by community size and location), boards can minimize the number of investors interested in buying property in the community.

Play to your strengths.

Your authority as the trustees of the community is likely the strongest asset you have when it comes to combatting absentee homeownership. Requiring board approval of all future tenants are one way of slowing short-term rentals. Requiring background checks on potential renters is another tool to utilize. They help protect the community, but also cost the landlord a nominal fee that really starts to add up the more tenants they bring in. And proper enforcement of your CC&Rs, like trash cans being left out too long or damages to community property, will make investors think twice about bringing in a high volume of unpredictable tenants.

Don’t Forget a Collections Plan

Outside investors are here to stay, for better or for worse. Sooner or later, they will have a space in your community, and when that happens, it’s important to consider what that means, and have plans in place to keep them in check. That includes a plan for community collections because even major corporate entities can fall behind on monthly assessments. Axela Technologies can help with any collections efforts your HOA or condo association has, including collecting from corporate investors. Call us today for your no-risk, no-cost consultation.

No matter what your goals are for your outdoor living space, Jansen Shutters & Specialties can help design exactly what you are looking for.

No matter what your goals are for your outdoor living space, Jansen Shutters & Specialties can help design exactly what you are looking for.

  • Posted: May 24, 2022
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The Jansen Family have been serving the homeowner and construction industry of the Florida Gulf Coast from Fort Meyers to North TampaTarpon Springs and the Islands since 1973. In 2002, Phillip Jansen and his son Travis opened Jansen Shutters & Windows with the intention of providing the best hurricane protection necessary to ensure the safety of your family and business.

As our company grew we expanded out product line to include, Out Door Living Products. Which includes our exclusive “Jansen Vista” Motorized Insect Screens, Fabrication, Louver, Pergolas and more. We are proud to say everything we manufacture is American Made. Our work does not stop at installation, we believe it is necessary to educate our customers about the products we provide. So you can pick the best products that fits your lifestyle and budget.

 

Providing Hurricane Protection, Storm Protection Products, Hurricane Windows and Entry Doors in Sarasota, Venice, Englewood, Boca Grande, Punta Gorda, Port Charlotte, Osprey, Nokomis, Long Boat Key, Bird Key, The Keys, Siesta Key, Casey Key, Manasota Key, Bradenton, Pinellas, Tampa, Odessa, Parrish, St. Petersburg, Clearwater, Anna Maria Island, City of Sarasota, Cape Coral, Tarpon Springs, and all surrounding areas.

On this home we installed rolling screens along with a large retractable awning to provide shade whenever needed.

Rolling shutters provides the ultimate security and protection for your home.
Jansen Shutters & Specialties manufactures two types of rolling shutters for your storm shutter needs. Give us a call to schedule your free estimate. West coast of Florida call (941) 484-4700 or east coast call (407) 686-4117.

 

 

If you are looking for a screen to install on your garage door opening, give us a call. In addition to replacing your garage door, we can also provide a custom insect screen that will allow you to use your space in your garage without worrying about pesky flying pests.

Give us a call on the west coast of Florida at (941) 484-4700 or on the east coast at (407) 686-4117.

 

 

Jansen Shutters & Windows

941-484-4700

It is our goal to shelter your family, protect your investments and secure your well-being.

Give us a call today and we can help you no matter what you are looking for.

Call us at (941) 484-4700 (West Coast FL) or (407) 686-4117 (East Coast FL).

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Association Managers and Board of Directors, review and ensure that your capital reserve study is accurate and up-to-date. by The Falcon Group

Association Managers and Board of Directors, review and ensure that your capital reserve study is accurate and up-to-date. by The Falcon Group

Association Managers and Board of Directors review and ensure that your capital reserve study is accurate and up-to-date.

by The Falcon Group

Are You Ready ?

We strongly encourage, that every year around this time association managers and Board of Directors review and ensure that your capital reserve study is accurate and up-to-date. This is one of the smartest decisions a board will make for the future of the association. It is an easy and effective way to ensure your community’s capital replacement items are being properly funded with minimal impact on the individual homeowners.

 

To stay on track for a healthy financial future, it is recommended that your Reserve Study be updated every three (3) years

Please contact our Reserve Specialists today for an new or updated reserve study.

 

 

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At Aruba Permit Services – We Specialize in Resolving Open or Expired Permits, Code Violations, and Lien Negotiations!

At Aruba Permit Services – We Specialize in Resolving Open or Expired Permits, Code Violations, and Lien Negotiations!

  • Posted: Apr 26, 2022
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We Specialize in Resolving Open or Expired Permits, Code Violations, and
Lien Negotiations!

Your one stop shop provider for closing all your open building permit needs, providing all the disciplines necessary to close out open permits. We are the leading professionals in the South Florida area including Broward County, Palm Beach County and Miami-Dade County.

A building permit is an official approval issued by the local government agency that allows you or your contractor to proceed with a construction or remodeling project on your property. It is intended to ensure that the project plans to comply with local standards for land use, zoning, and construction. These standards are intended to ensure the safety of current and future owners and occupants and to provide enforcement of zoning and land-use

policies.

https://www.facebook.com/ArubaServices/videos/344428460106436

 

Aruba Permit Services
1413 South Powerline Road
Pompano Beach, FL 33069
Email: info@aruba-services.com
Phone: (954) 786-7292

 

6 HOA Violations & How to Avoid Them

6 HOA Violations & How to Avoid Them

  • Posted: Apr 22, 2022
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6 HOA Violations & How to Avoid Them

by Holly Bunch on Apr 19, 2022 1:00:00 PM

A Homeowners Association (HOA) is a private body made up of members of society who own property within a common area, led by an elected board of volunteers. The association’s main objective is to grow and add value to the property by protecting communal regions and setting rules and regulations.

Different organizations have rules that members must adhere to regarding architectural amusements like fences, swimming pools, entrances, exterior home designs, and HOA.

The HOA makes homeowners and buyers appreciate their surroundings and ensures that lawns are cut and home exteriors remain attractive. Although some rules and regulations may seem challenging, members who comply with them reap significant rewards from the association.

 

HOA Violations and How to Avoid Them

HOA violations are practices that go contrary to the set covenants, conditions, and restrictions (CC&Rs) set by the association. They include:

  • Landscaping

Having unkempt, overgrown, and heavily weeded lawns would be a crime for any property owner. They also consider using trees taller than the recommended height and color for fencing an offense.

You can avoid landscaping violations by following the set rules, such as maintaining well-kept and clean lawns and ensuring the fence trees are within the required height, such as 5 feet maximum. In addition, use drip irrigation and controlled sprinklers on lawns and along sidewalks.

  • Noise

It is considered a crime for group members to play loud music between the evening and early morning. Additionally, it is against the HOA rules and regulations for members to hold social gatherings between the restricted hours or even have guests in parking areas, playing deafening music and making loud noises during odd hours.

Like many cities and counties, the HOA adheres to noise ordinances enacted for the benefit of its members. Property owners should constantly refer to the rules on noise pollution management to ensure that they give their neighbors and the general community peaceful nights and calm mornings.

  • Vehicles and Parking

Residents will break HOA rules by parking non-permitted vessels on the streets or driveways, such as boats or commercial autos. Driving outside of designated locations or exceeding the speed limit in congested regions is also deemed a crime.

Members must follow established area speed restrictions, parking rules in defined zones, and the types of vessels permitted to park on the land and along the streets.

  • Pets

Residents love pets, and some consider them family. Therefore, the HOA has rules on the types of pets and areas where pets can and can’t walk, leash dogs, or pick up pets. Every resident must not violate the pet restrictions and rules. Otherwise, the HOA and neighbors may not be remorseful for such offenses.

Members need to know the number of pets per homestead, the good breeds and weights, and the law on picking up after the pets.

  • Undisclosed Rentals

Renting or leasing out different places on the property to get extra money may violate the association’s bylaws. State, federal, and sometimes local regulations govern and supersede HOA operations. With this in mind, they establish regulatory standards with other organizations, such as housing insurance companies.

Insurance companies determine the occupant-to-rented property ratio. As a result, property owners need to acquire written permission from the HOA before subletting their properties.

  • Trash

Poor waste management and careless placement of trash and dust bins on the property are considered violations. It is an HOA offense to leave the receptacle bins outside during non-collection hours, in front of people’s homes, or inconspicuous spots. They detract from the value of a property. 

 

ASAP Fire Sprinkler Protection Contractors we will provides a range of services for your fire pump system, maintenance, Inspection, testing, repair…..

ASAP Fire Sprinkler Protection Contractors we will provides a range of services for your fire pump system, maintenance, Inspection, testing, repair…..

  • Posted: Mar 23, 2022
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ASAP Fire Sprinkler Protection Contractors we will provides a range of services for your fire pump system, maintenance, Inspection, testing, repair, refurbish, certification that will comply with state local and national life safety code requirements.

 

Asap Fire Sprinkler Protection, is License, Bonded & Insured Florida base Fire sprinkler company who specializes in fire protection and life safety. Our goal and commitment is to deliver unparalleled service to all our customers. With 27 years of combined experience, we are capable of installing, servicing, repairing and inspecting any type of residential, commercial, industrial or special hazard fire sprinkler systems.

Our company was built on our hard work, hands-on experience, and customer satisfaction. Asap Fire contractors are known and respected in the industry for our daunting precision and field proficiency.

Asap Fire contractors can successfully handle all aspects of fire sprinkler integrated and suppression systems. Because life safety is our #1 goal, we use innovative thinking and meticulousness craftsmanship on every project.

 

Our work ethics have gained client retention and trust from the public, business owner, building associations and State of Florida Fire Inspectors. Our promise to our customers is to always conduct business with integrity and honesty. Our goal is to ensure the safety and well-being of your property, your business, and your Life, We are Asap.

Dennis Lyons
asapfirepro@gmail.com
Estimator/ Manager
305-842-0042
ASAP Fire Sprinkler Protection LLC
http://asapfirepro.com

 

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Webinar: To answer questions you may have regarding New Freddie Mac underwriting requirements.

Webinar: To answer questions you may have regarding New Freddie Mac underwriting requirements.

  • Posted: Mar 21, 2022
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Fishy Legal Tactics HOA Attorneys Have Used for Collections by Mitch Drimmer

Fishy Legal Tactics HOA Attorneys Have Used for Collections by Mitch Drimmer

  • Posted: Feb 05, 2022
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Fishy Legal Tactics HOA Attorneys Have Used for Collections

Mitch Drimmer  / Axela Tech

 

Thinking outside the box can be great, especially in the homeowners association and condo association industry. It’s what makes our signature collections process here at Axela so successful.

But out-of-the-box thinking can be used against you, too. Attorneys are always looking for new ways to make the most money, even HOA attorneys. Time and again we’ve seen the tricks they use claiming to try to collect for your association, but really they’re just lining their own pockets. So often, using an HOA attorney ends with the association losing the money owed to them, and having to pay on top of that to cover lengthy legal efforts that didn’t succeed anyway.

Every time we hear stories about the crazy lengths some lawyers will go to when collecting for HOAs or condos, we start to think maybe the box is there for a reason.

Unjust Enrichment Someone Expense Someone Else

Unjust Enrichment

A while back we talked about a community in a sticky collections situation. One of their unit owners had passed away, leaving a mortgage-free title to an heir. But, it came with a $13,000 tax certificate (which had been sold to an investor) and $17,000 owed to the association, as well as a tax-deed sale that had already been set. The perfect storm for the association to lose out on a hefty chunk of change. Now Axela was able to draft a clever plan to avoid that and had to act quickly to make it work, but if we hadn’t been called in, here’s what would have happened:

The HOA’s attorney wanted to let the unit go to the tax-deed sale and then file a suit for something called “unjust enrichment.” This is a claim basically stating that someone (in this instance, the investor who’d purchased the tax certificate) was paid at the expense of someone else (the association).

This is a risky play for a lot of reasons: first, if the tax sale goes through, the money owed to the association is ‘wiped out,’ meaning there is no chance of recovering money from the sale or from the owner after the fact. Additionally, if the judge found that the investor was not unjustly enriched (which is the likely outcome) their tax lien would have been rightly prioritized over association fees.

So the idea of unjust enrichment was a wild reach that was almost certainly going to be unsuccessful in recovering for the association. But it would have been a definite way to tack on a ton of hours in legal fees for the attorney, wouldn’t it?

Fishy Lawsuits Questionable HOA Attorneys

Sneaking In New Rules

Fishy lawsuits aren’t the only questionable trick attorneys have up their sleeves. One client we worked with had an attorney attempt to completely ignore state statutes by advising the Board to modify the community’s governing documents to contradict state laws. This was complicated and unethical for several reasons, like the fact that governing documents don’t overrule state statutes (something an HOA attorney would be WELL aware of!) so the attorney’s time and counsel which they charged the association for were totally unnecessary.

To add insult to injury, these changes were made to try to force the bank to take responsibility for debt owed to the association, creating a lengthy legal battle as part of this ridiculous plan. Again, we’re seeing a trend of attorneys being paid but the association not recovering their lost income – in fact, the community often winds up owing the attorney more for their efforts and having to write off the bad debt from the delinquent assessments. Talk about throwing good money after bad!

Attorneys Being paid associations not recovering

Just Because it’s Legal Doesn’t Make it Ethical

Clearly, all HOA attorneys are not the same, and we hope that your community association’s attorney is an upstanding and ethical partner for your community. You need your attorney to be available to advise you on decisions the Board makes to help prevent future lawsuits and to deal with any that do come.

But your attorney is just one of the tools in your community association’s toolbox. Just as you wouldn’t use your HOA attorney (and pay their high fees) to perform management tasks, you also shouldn’t be hiring your attorney to perform collections. The attorney’s only recourse is to take the issue to the courts. That means pursuing foreclosure, or, if that’s not likely to be successful, trying some legal scheme like these that will get the attorney paid for their time, but is unlikely to end with money in the association’s pocket.

The Attorney's Recourse To The Courts

Treating People Like People

Thinking outside the box can be great, but the more we hear about the crazy legal hoops attorneys find to jump through that only seem to take advantage of the association, the more we think that they need the box.

There’s at least one ethical, merit-based way that has a 95% success rate when it comes to collecting debts owed to associations: Axela. Our proprietary technology and process empowers defaulted homeowners to set up payment plans they can actually pay off, rather than harassing them for lump sums of money they’ll never be able to repay, or putting them out of their home in a foreclosure.

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Need A New Commercial Roof in South Florida? by PSI Roofing

Need A New Commercial Roof in South Florida? by PSI Roofing

  • Posted: Dec 14, 2021
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Need A New Commercial Roof in South Florida?

by PSI Roofing

Commercial Roof Replacement With PSI Roofing

PSI Roofing has built a successful history of installing high-quality commercial roofing systems with unmatched attention to detail for customers who demand the best the industry has to offer.

Our clients range from office buildings, manufacturing and industrial warehouses, condominium associations, healthcare facilities, storage facilities, schools and universities, shopping centers, churches, federal government and armed forces facilities. Check out our portfolio of completed projects!

 

Commercial Re-Roofing System Installation Types

The following are types of roof systems installed by PSI:

  • Modified and Built-Up — The traditional multi-ply system with granulated finishes including cold and hot applications
  • TPO — Mechanically attached or fully adhered rubber laminated systems
  • PVC — Mechanically attached and fully adhered PVC scrim systems
  • Liquid-applied membrane and coatings — Acrylic, urethane, silicone; with reinforced, non-reinforced or reflective components
  • Shingles — All types
  • Metal Roofs — Flat seam, standing seam
  • Tiles — All types

Once your project is under way, you will have online access to all information about your re-roof project through our Client Portal Service.  This option provides access to all relevant job documentation.  This includes job progress photos, maintenance history, building condition and equipment inventory, warranty information, and invoice status that are interlinked with a rational database.  All information  is kept on secured remote servers in order to protect your sensitive data and is accessible through a secure web portal through our website.

 

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