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All Forum Posts by: Account Closed

Account Closed has started 3 posts and replied 108 times.

Post: LLC or sole prop

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38
Originally posted by Marcin G:
great thread ..lots of information. this will surely help preparing before you talk with an an attorney whether you want to form an LLC or not. on the other hand ...lets say you formed an LLC and put all 4 rental properties there (or 2LLCs per each 2 property - depending on your comfort level)...while as discussed LLC has "limited" ability to protect your assets ..especially if you do all your DIY work yourself (even if you keep all records separate) ..I think it will serve as a shield when you are sued for something that happens outside of rental business, correct ? lets say you drive ur car and kill a family of 4 or other extreme ... this is your car, you personally carry an insurance ..insurance limit is lower than the judgement ...will you still be on the hook with your rentals even though they are in LLC ?

Your rentals will be at risk in this scenario. If a judgment is entered against you, the court has the power to liquidate your LLC to fulfill the judgment.

Post: find name of llc property owner

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

The Articles will list the address of the primary place of business. And also a registered agent for service of process.

Post: find name of llc property owner

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

There is no easy way to get this information. The Articles of Organization will not list the members.

Post: Buying Rental Property

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

Sam, read up on the 50% rule on this forum. You are going to have vacancy, maintenance, capital expenditures, special assessments and various other expenses that are going to eat into the $300/month cashflow.

You absolutely can refuse to rent to someone based on the results of your background check/credit history/salary, etc. Other than the age/sex/religion/family status/source of income/disability (and whatever other protected categories are out there), you can refuse to rent to people for any reason you want.

Post: LLC Minutes & Maintenance Issues

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

--Not legal advice--

Oklahoma's laws governing business entities, like many other states', are modeled after Delaware law.

In Oklahoma, we file Articles of Organization to form an LLC, and a Certificate of Incorporation to form a corporation. Both the Oklahoma General Corporation Act and the Oklahoma Limited Liability Company Act fall under Title 18 of the Oklahoma Statutes (which is titled "Corporations"). But the Oklahoma General Corporation Act applies only to corporations - not LLCs.

An LLC has many characteristics of a corporation, and some doctrines (such as piercing the "corporate" veil) may apply to both types of entities. But I would not call an LLC a "corporate" entity (again, Missouri law may be different).

I agree that LLC owners need to be careful to operate their LLCs as business entities separate from their personal business. But I disagree that anyone needs to hold "meetings" with himself to do it. I would do the following:

1. Execute and maintain an operating agreement (whether the LLC will be manager-managed or member-managed);
2. Follow the provisions of the operating agreement in managing the LLC.
3. Execute all contracts in the name of the LLC, in your capacity as manager or managing-member. If the LLC has a manager, then the member should execute a written consent authorizing any transaction requiring the member's consent, as set forth in the operating agreement;
4. Set up a separate bank account in the name of the LLC and transact all of the LLC's business (and none of your personal business) through the LLC's bank account.
5. Keep accounting records of the LLC separate from your personal accounting records.
6. Designate an authorized agent, pay any required franchise taxes, file annual certificates, etc. as may be required by your state.

I have never heard of a case where a court disregarded the LLC as an entity when the owner had done these things. If anybody knows of one, please let me know.

I think people run into trouble when they misunderstand the protection that an LLC provides. There are two protections that many people think LLCs provide, which in fact they do not provide:

First, the LLC is not going to provide liability protection from damages that result from your negligent behavior. So if you form an LLC to hold your rental properties, but you personally manage your rentals, the LLC will not shield you from personal liability if your property burns down because it did not have smoke detectors. Even if you hire a property manager, a judge might decide you were personally negligent in hiring an idiot as your property manager and allow a suit against you personally.

Second, the assets in an LLC that you personally own are not necessarily safe from a judgment against you. Courts, at least in some jurisdictions, have the power to require you to surrender ownership of your LLC over to a judgment creditor to satisfy a judgment against you.

So be careful to preserve your LLC's status as a separate entity, but also carry lots of liability insurance.

Post: LLC Minutes & Maintenance Issues

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

Disclaimer - this is not legal advice. You should consult an attorney in your state. Laws governing LLCs may vary from state to state.

Bill, I don't know Missouri law, but some of the information you are putting out in this post is not accurate for most states. An LLC is not a corporation. Rules requiring corporations to have annual meetings do not apply to LLCs.

You don't need to have "meetings" if you have a single-member LLC. That is non-sensical. If your single-member LLC is managed by a manager, then there should be a list of actions (specified in your operating agreement) that require member approval. This would be major actions like borrowing money or entering contracts involving more than $XXXX. In those cases, you should execute a written consent of the member approving the action. You do not need member approval to enter into contracts that are within the routine course of business for your LLC.

If your LLC is member-managed, then the member will be signing all of your contracts in his capacity as member-manager, so a written consent is not necessary.

Your LLC should have an operating agreement, and you should operate your LLC according to the terms of the operating agreement. You do not need to have fictional "meetings" or draft up minutes on a monthly or even annual basis.

Post: Online Rent Collection

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

I use erentpayment.com and am very happy with it. Haven't used any other services, so can't give a comparison.

Post: Operating Agreement for Manager managed 1 memeber LLC

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

The most important aspect of your LLC agreement will be the terms limiting the power of the manager. Add to your form agreement a list of powers to be reserved to the member. Things like borrowing money, capital expenditures in excess of $XX, etc.

Post: Ductless HVAC systems cost.

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

I tried a minisplit unit in one of my rentals and it was a disaster for me. I bought an LG unit from ebay and had a local AC guy install it. It had an outside condenser that fed two interior wall units. Installation was expensive. The guy had to run 220v electrical to the outside unit and run the two linesets through the brick exterior of the house.

The units never worked very well. They blew cold air, but they were impossible to program. Either both units were on and blowing cold air, or they were both off. They had thermostats on them, but the thermostats didn't seem to control the units. I finally gave up on them after my tenant called me and said smoke was coming out of one of the units.

If you use these, I would not buy an LG unit and I would have the system installed by somebody who has installed them before. Also consider the location and the implications of having to run power to the condenser.

Post: Trafficmaster Allure and Vinyl Wood Flooring

Account ClosedPosted
  • Residential Real Estate Broker
  • Oklahoma City, OK
  • Posts 114
  • Votes 38

I just installed some Armstrong brand vinyl planks from Lowes. They are the floating kind that stick only to each other. They look decent and are very quick and easy to install.

Lowes has a couple of colors on sale for under $1.00 a foot right now (although their pricing may vary regionally). Search the website for these item numbers:

18920
69970