West Palm Beach, FL · Member since 2014 · 20 posts · 0 votes
So I got a little a jiggy with my first real-estate investment deal. It was a 2/2 Condo, in decent enough shape, that I made a cash purchase. One of the biggest draws for concerns was that there was a stipulation from the Condo Association that I cannot rent it for 1-calendar year after close. I glazed passed that because the square footage price I received compared to the comps in the area was a good deal. I met with the Condo Association for an informal get to know you and I got a horrible feeling. My immediate impression was that they are going to make it very hard for me to put anyone in the condo, as they have to approve all tenants prior to the leasing. So now the cruel reality sinks in. Do I try to upgrade and sell? Do I hold off for a year? This particular piece of real-estate needs to be marketed to someone looking to actually live there, as no investor is stupid enough to buy something they have to sit on for a year (except for me).
Remember how hard it was For Seinfeld and friends to rent in NY.. same principal.. Then you had the board at Del Boca Vista and they were a tough group !
Is it against any laws for them to reject tenants because they don't like you? Sounds a little discriminatory but I don't know the laws. What about a lease purchase?
They stated to me that the biggest reason why the reject people is for financial reasons-inability to pay. I asked them what there criteria is for screening and approving. They stated "to industry norm." When I asked further they stated they didn't have to tell me blah blah blah. So before I drove over there and thew my cellphone at the guys head I went into a state of meditation and made a resolution to try to sell. I am new at this, what is a lease purchase?
From Wikipedia:
A lease purchase contract is a shortened name for lease with option to purchase contract. It is a form of real estate purchase which combines elements of a traditional rental agreement with an exclusive option of right of first refusal to later purchase the home.
Basically their lease is part lease and part purchase. At the end of the lease they can choose to buy the condo at a specified price or market value. You could also apply part of their rent towards the total cost.
Typically it helps people have done time to repair their credit while getting to stay in the same place for a few years before buying.
I don't know if the HOA would like that any more, but it's an option for you to get out of it without selling right now and losing a bunch of money to a realtor and closing costs.
Hi @David Paul - First off, buyers remorse is no fun, and I'm sorry. If you think you can resell and recoup your costs (maybe even make a little with minor upgrades), it might be worth considering doing so. I think it boils down to how strongly you beliieve in the location and the future of what you just purchased. You could also just live in it for a year (it is paid for anyway) and take your chances in getting a good board approved tenant next year. There are others on BP with much more condo HOA experience that may chime in. This too shall pass!
Then you might be in luck. Vbro.com is where peeps rent their pads to vacationers as temp guest not formal tenants. Most I have seen do it make way more income with VBRO vs regular tenants. Che k vbro and see if you see any from your complex on there.
Renting it as a vacation rental through VRBO or similar services isn't going to pass muster with them, either. That's a rental same as a long term tenant. If they forbid renting for a year they likely forbid short term tenants altogether. I know folks sometimes do unauthorized short term rentals and tell the "guests" to say "you're friends with so-and-so" and other such silliness. I've rented through VRBO several times and always research projects and verify short term rentals are allowed. If not, I avoid those units. If the owner is willing to play games with their association I assume they will play games with me, too.
@David Paul if moving in isn't an option you might just have to sell and write off the loss as tuition for the school of hard knocks.
Jon is probably right, but worth checking. They may be so focused on old school tenant definition that they left out vbro clause. There is a chance it is open for vbro and in that case West Palm is like a mini goldmine for that. If there are others in your complex doing it could be a good sign. It is easy to check. Vrbo.com my bad..typing on tablet with predictive text:)
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South Florida is notorious for strict condo regulations. It the condo docs state no tenant within the first year they mean that, no exceptions. Only way to get around that is to bring it up at a board meeting to see if they will vote to rescind that clause in the governing documents. Otherwise you will be holding it without rental income for 1 year or you can resell. Be very careful about buying condos or even SFR in an HOA community especially in South Florida.
The getting a regular tenant in 12 months will not be an issue and just consider it a plus to have an extra screening process for your property. Their looking to protect the complex that is a good thing. So no one rents to criminals etc...
my sister has two in sunrise. She had to evict a tenant 3 months after move in and the condo told her same thing... No Tenant for 9 more months. She told them... Then I am not paying my monthly fees and will default. They let her get a new Tenant
So nobody ever heard of using an installment sale / land contract / contract for deed so that it looks like a sale? @Bill Gulley can probably fill in the details ...
They stated to me that the biggest reason why the reject people is for financial reasons-inability to pay. I asked them what there criteria is for screening and approving. They stated "to industry norm." When I asked further they stated they didn't have to tell me blah blah blah. So before I drove over there and thew my cellphone at the guys head I went into a state of meditation and made a resolution to try to sell. I am new at this, what is a lease purchase?
This has me confused. I understand HOA background checks for approval of tenants. But you say they want financial info on the tenant? The HOA will screen the tenant's ability to pay......you? Tenant's don't pay HOA fees and rents go to the landlord, so what are they approving exactly? Socio economic status? You could charge way under market rent, and the tenant could make 10X the rent and have great credit....but they still have a say?
This has me perplexed as well. When I asked what was the number one reason why they reject tenants they stated "Their ability to pay." Also in the Condo By-Laws, along with there application they have to show the Condo Assoc, we must also present the lease agreement. So essentially they know what they pay as well. I am wondering if it is worth trying to get an attorney to get all this information from them as they refuse to tell me.
It sounds like the HoA wants to keep rentals out of there...a lot of terrible landlords/tenants scare people into this.
If they actually screan for finanial ability to repay I would get in writing what their parameters are so you can find someone that qualifies for their rules. I would make sure this is not just a threat from a board member that doesn't know what the hell he's talking about.
HOAs don't like tenants because it can dramatically affect the property values. Too many tenants or too many units owned by one person (a landlord) and the entire project will become non-warrantable. That makes it much harder to get loans. Which means retail buyers have a hard time buying in that project. Which means the value go down because of the lack of buyers. I'm no fan of HOAs, but this is a case where they have a legitimate reason to discourage tenants and encourage owner occupants.
We own rental condos in south Florida, and yes, the associations can, and almost always do, approve the tenants after I've done so. They do a thorough job and charge at least $100 for the tenant's application fee. They do a credit check, background check, they want pay stubs, copies of their driver's license, etc. Many associations also require the tenant to sign a document stating that if the owner/landlord stops paying the maintenance fees, the tenant is obligated to pay them directly to the association.
And one rental per calendar year is also standard. So yes, if a tenant is evicted before their lease of 1 year is up, the association can hold you to that. But we've been down that road, and have had no issues with being allowed to re-rent. The associations want their maintenance fees, and if you have a good (non-combatant, non-cellphone-throwing) relationship with the association, it's not a problem.