Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Joseph Ben-Avi

Joseph Ben-Avi has started 2 posts and replied 5 times.

Originally posted by @Joe Funari:

@Joseph Ben-Avi On the surface you are correct. The PM should have obtained pre-approval first to replace versus repairs. But I suggest you read the fine print of your PM agreement. This scenario may be considered an "emergency" repair. For example, a burned out electrical box (happened to me a couple of weeks ago on one of my rentals), or leaking water lines (also recently in a different rental) constitute "emergency" repairs where the PM doesn't need my approval. Also, certain repairs require the PM to put the tenant up in a hotel while the repairs are made. But this usually involves electrical or HVAC issues. So may not necessarily involve replacing an appliance. One more thing, depending on the age of the appliance (especially water heaters and ovens) if its +8 years old it is way cheaper for the PM to replace then to try and have their maintenance people repair it again and again. I have learned it is much cheaper to just replace with new in the long run. So the PM may have done you a favor and went ahead and replaced. But agree they should have obtained approval first. 

Thanks Joe. 

The appliance was a dishwasher, it was probably around 5-7 years old if I had to guess, but regardless wouldn’t fall under an emergency.

It’s not a problem that they replaced the dishwasher, it’s the issue that if I was notified of the cost I could have easily go to Best Buy myself and buy one for less then half of what was spent, including labor involved.

I’m not a lawyer, but the wording in our agreement are pretty straight forward, including what you said about an emergency. 
It just seemed to me that there was very little worry about landlord funds in that case. I’m was curious if other investors feel the same way with their managers, but willing to accept that for the benefit of minimizing direct involvement.

Hello all,

Recently I was notified by our manager that a certain component in an appliance in one of my rentals needs repair. After reviewing the monthly statement I realized that the expense was well above the dollar limit that requires a prior approval by me.

When asking the manager for explanation as to why was the expense so high and why it was approved without my consent, she replied that the they had purchased a whole new appliance, rather then repairing it (without much info as to why it couldn't be fixed) and that I was notified of the need to repair/replace. However, I was never notified that the expense was above my set limit $ amount requiring my approval.

Is that a common practice by managers? If I was aware of the $ amount they were about to spend I could have furnished the need in a fraction of the cost myself. Is me knowing that an item needs repair/replace wave the need for approval by me when it exceeds the set $ amount?

I understand that part of hiring a manager is to reduce my day to day involvement with the rental, but $ limit on expenses is there for reasons exactly like this one.

I haven't discussed the issue further with my manager as I want to get some insight from more experienced investors on the forum.

Thanks!

Our current structure is simple, the three of us are partners in one multi member LLC and we own one property. We didn't examine the possibility of an umbrella policy which actually does sound simpler.

Seems like at this point in our business there is not a great benefit from opening another LLC.

For knowledge purposes, what are the pros and cons in having a holding LLC or, like your last example, single member LLC's that join one multi member LLC?

Thanks!

What were trying to do is limit liability in case of a lawsuit. In that sense if the LLC is sued for any reason the most we can lose is that one property under its name.

As far as registered agent in OH I’m pretty sure an entity can be considered as one, just not sure if the owner entity can be it.

Reece are you suggesting to limit the holdings of a single LLC to a certain $ amount and not amount of properties? (In your exemplar 1 mil).


Thanks for the replies guys.

Hi all,

I have been viewing this forum for almost a year now and learned a great deal of information, thanks to all of you here that help out. 

Today I have a simple question that I couldn't find an answer to. Me and 2 other partners own a property with our LLC, and we currently looking at creating another LLC and purchase a second property. Is it legally viable to own the new LLC with our current one? Sort of creating a single member LLC that is owned by one main holdings company (our original LLC).

If I am right, then since the new LLC will be a single member LLC it does not really require an operating agreement, correct?

And the holdings company (again, our original LLC) can also act as the registered agent?

The LLC's are all located in Ohio, and we are pretty familiar and comfortable with the process, I just want to be sure that wer'e doing it the right way.

We will probably open a new bank account to the new LLC just to keep things clean and organized.

Can anyone share their experiences and make any suggestions in a similar situation?

Thanks!

Joseph.