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Subject: If you've been declined by Victoria Landing Homeowners Assoc. Inc., please let me know.
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Author Messages
CarmenP
(Florida)

Posts:32


10/06/2011 3:28 PM  
I am looking for people that had their HOA application declined by Victoria Landing Homeowners Assocation, Inc. in Kissimmee, Florida. Please give me your name and the address of the property. I am attempting together with my attorney to put a stop on the HOA scam.
TimB4
(Virginia)

Posts:16808


10/06/2011 3:49 PM  
Carmen,

I'm not sure this would be the site to locate those people.

However, I could be wrong.
CarmenP
(Florida)

Posts:32


10/06/2011 3:54 PM  
I know it's a long shot....but, I figure I try it. I know there was a forum of someone that was declined after winning the property in an auction.
PetunkaM
(Florida)

Posts:1000


10/06/2011 5:57 PM  
'I am looking for people that had their HOA application declined by Victoria Landing Homeowners Assocation, Inc. in Kissimmee, Florida. '

What application? I am not sure what you are talking about.

CarmenP
(Florida)

Posts:32


10/06/2011 5:59 PM  
Homeowners Association application.
PetunkaM
(Florida)

Posts:1000


10/06/2011 6:08 PM  
Carmen,

come on. Is it a lease application or rent application or purchase application?

CarmenP
(Florida)

Posts:32


10/06/2011 6:11 PM  
When you attempt to buy a property at Universal Resorts, you need to fill out a Homeowners Association application prior to closing on the property. If the HOA application is denied....then you cannot buy.
PetunkaM
(Florida)

Posts:1000


10/06/2011 6:46 PM  
When you attempt to buy a property at Universal Resorts, you need to fill out a Homeowners Association application prior to closing on the property. If the HOA application is denied....then you cannot buy.

Well, I do not know of any state law or Federal law that would prevent you buy a property unless you are NOT willing to sign a statement that you comply with the covenants. I am not asking why your application was not accepted. It is none of my business and I really do not want to know. Just be careful. Your attorney may be looking for more money, am sorry to say.
CarmenP
(Florida)

Posts:32


10/06/2011 6:49 PM  
Thanks for your input.
DonnaS
(Tennessee)

Posts:5671


10/07/2011 4:18 AM  

Carmen,

You stated that you have hired an attorney. I would like to think that the Florida Attorney General is already handling this?

What was the readon that you were turned down in your application? Is that the same reason that others have been turned down? You may be one really lucky person that you did not get further involved in this. After years of bogus real estate schemes, I thought that the State pretty much had these boxo schemes cleaned up, but there are always new angles that someone comes up with.
BruceF1
(Connecticut)

Posts:2535


10/07/2011 6:19 AM  
Posted By CarmenP on 10/06/2011 6:11 PM
When you attempt to buy a property at Universal Resorts, you need to fill out a Homeowners Association application prior to closing on the property. If the HOA application is denied....then you cannot buy.

What sort of information is requested on the application? The FHA has some pretty strict rules regarding discrimination with regards to obtaining housing, whether it be renting, buying, or providing mortgages. The wrong questions on the application could possibly be grounds for a lawsuit.




MelissaP1
(Alabama)

Posts:9413


10/07/2011 8:07 AM  
Have you gone to the Better Business Bureau in the area? See what listing they may have for them. They may or not be a member of the BBB but they may have information your looking for. You may just want to "google" them to see of any other articles about the company. That could give you an idea if this is indeed a scam and if others have similar issues.

You never have to apply to be in a HOA. It is called a Homeowner's Association because you would be a homeowner once you bought the property. There are such things as "Co-ops" or age limited associations, which may be the only type requiring any kind of application. This sounds like a "Time-share" type of oportunity in a condo. Which I don't know how those operate but not exactly a HOA. I am sure those are more "Developer controlled" HOA's if anything.

Without knowing what may have denied you. What the setup is. It's hard to give good advice. You stated it's an auction property. Are you trying to bid on it? Does this mean it was in foreclosure and being auctioned off? There may be certain standards you might need to meet prior to being to bid. It's not far from being like the pre-qualification process you go through to purchase a home. If the banks don't feel you could make the payments or qualify for the amount of the home being auctioned, they are going to deny you. So not sure if it's the bank, the HOA, or developer involved in your denial. You may haved dodged a bullet or your loading up your own air pistol...

Former HOA President
BruceF1
(Connecticut)

Posts:2535


10/07/2011 8:20 AM  
Melissa,

I looked up that HOA online and I did manage to learn there was a home in foreclosure in that development.
MelissaP1
(Alabama)

Posts:9413


10/07/2011 8:33 AM  
Thanks Bruce! That starting to make sense now. Sounds like the poster is trying to bid on a foreclosed property. Which does often work like a pre-approval process of buying any home. I am not sure if it's a developer thing after all. Foreclosures are usually handled by the county legal system. The Developer may be the one foreclosing on the property. There may be restrictions related to that on what would qualify as a "Normal owner".

The development may have certain standards/restrictions for regular purchasers. In order for someone NOT to circumvent this setup, they have it as a clause on the foreclosure. This way someone who wouldn't qualify normally, can't backdoor and purchase a foreclosure to get in.

This could explain the entire issue. It is tougher and tougher for people to qualify for loans out there due to the economy. You can have good credit and still be denied out there. Which just adds to the frustration of the home industry recovery.

Former HOA President
BruceF1
(Connecticut)

Posts:2535


10/07/2011 9:00 AM  
Melissa,

If it's the home I found it's listed as being owned by Fannie Mae, price $19,000. Maybe it's a cash only deal?

It's also indicated as "under contract" (whatever that means) and apparently has a tenant living in it.

Of course, I'm only speculating maybe that's what all this is about.
MelissaP1
(Alabama)

Posts:9413


10/07/2011 9:55 AM  
I've seen similar deals. They have a certain amount of upfront cash (Example:10K +), take it as is, and a time limit to complete repairs/tear down the property. The time limit to make the repairs or tear it down is like 30 days. You may have to show some kind of proof of a contractor agreement prior to the sale.

It's not exactly a typical foreclosure or a short-sale. It is a foreclosure. It usually is on severely damaged property that has been subject to natural or other type of disaster. I see it mostly on properties that have burned down and been abandoned.

If it's under contract, there could be a rent to own situation going on. It also may be involved in a short-sale situation prior to the complete foreclosure. There's many scenerios that could be happening in this situation. Not enough information to validate all that is involved.

Florida has done an excellent job in cracking down on the condo selling scams. They are one of the few states that have laws on their books in regards to scrupilous developers. Which is why I feel there is something else going on here besides a "scam".

Former HOA President
CarmenP
(Florida)

Posts:32


10/07/2011 10:45 AM  
Hello everyone, thanks for your input. Let me give you a little more information on my issue. International Sales and Leasing rented me my unit on November, 2010. In July 2011, a Realtor came knocking on my door advising me that the property went into foreclosure. At that time, I indicated to him that I was interested in buying the property.

The bank realtor and I went back and forth with the bank and came into an amicable agreement on a price. Im paying cash for the property. Part of the process of my being able to buy the property was to fill out an HOA application together with a $150.00 app fee. I just received notice from the HOA Victoria Landing Homeowners Association, Inc. have declined my application. They are not giving reasons...just plain, flat out denial letter.

Through a lot of research, I learned that the HOA declines everyone, and in turn buys the property under the International Sales and Leasing name so that they can turn around and rent it. It is a big SCAM. The Board members of the HOA and International Leasing are the same.

I am willing to put up a fight. I am not just packing my bags and leaving. I have retained an attorney. I am willing to pay him, and put a stop on these scam artist that are ripping people off by taking their application fee, and declining them.
DonnaS
(Tennessee)

Posts:5671


10/07/2011 11:55 AM  

Again Carmen,

Has the Attorney General been notified. This is a State issue. I went to the HOA site and all that it does is list the current Board.
PetunkaM
(Florida)

Posts:1000


10/07/2011 12:06 PM  
Yes, I have heard that some Boards in Florida are eager to foreclose just to buy the properties and some just filip them making big money. It would be interesting to know what the Covenants say about the BODs authority to disapprove of a sale. You may have to go to court.

But your attorney wants you to find ten people who were rejected before he represents you? May I ask why?
CarmenP
(Florida)

Posts:32


10/07/2011 12:16 PM  
No, he is representing me no matter what. He would like to find at least 10 people that have applied and been denied to make his case stronger and also include it in his Motion.
CarmenP
(Florida)

Posts:32


10/07/2011 12:16 PM  
No, he is representing me no matter what. He would like to find at least 10 people that have applied and been denied to make his case stronger and also include it in his Motion.
PetunkaM
(Florida)

Posts:1000


10/07/2011 12:24 PM  
'No, he is representing me no matter what. He would like to find at least 10 people that have applied and been denied to make his case stronger and also include it in his Motion. '

Carmen,

that makes sense.



PetunkaM
(Florida)

Posts:1000


10/07/2011 1:18 PM  
Carmen,

I believe the name of the Company is ‘International Sales & Marketing LLC,’ incorporated in 2005 by David Moth, who is no longer with them. It seems the company worked with or for the Developer also (am not sure).
Since 2008 the Mgr. is Malcolm Williams. There are no other officers listed. No doubt you have found in public records how many units they own, but reconstructing how many applications have been denied would be alsmot impossible unless your attorney can figure out how to inspect the Association Records. All that info could be in the files but again, who knows.
CarmenP
(Florida)

Posts:32


10/07/2011 2:40 PM  
Yes, David Moth incorporated International Marketing, LLC. He is now the President of Victoria Landings Homeowner Association, Inc. It's a big scam they have amongst themselves. I checked it all out at sunbiz.org. The Universal Resorts development has 72 units. So far International Sales and Marketing has bought 39 of them with their scam.
PetunkaM
(Florida)

Posts:1000


10/07/2011 4:56 PM  
Carmen,

the BOD approved your lease but not the purchase. Amazing. Well, I wish you good luck.
CarmenP
(Florida)

Posts:32


10/07/2011 5:54 PM  
Yes, I was good enough to rent the property but, not to buy? Blows my mind lol
LarryB13
(Arizona)

Posts:4099


10/07/2011 7:12 PM  
Csrmen:

If you file a lawsuit, there will be a period of time known as "discovery" when each side may request relevant documents from each other. During discovery, your attorney should be able to obtain copies of every application ever submitted.

MelissaP1
(Alabama)

Posts:9413


10/07/2011 10:16 PM  
You haven't been paying any of the HOA dues have you out of curiousity? I know Florida does have a law that the tenant can pay the dues on the owner's behalf to prevent foreclosure etc...Most HOA's the renter's can NOT pay the dues of the owner. Only the owner is responsible for paying the dues. That is because typically dues payments are the sole responsibility of the owner/HOA member.

I bring this up as you mentioned this started with a foreclosure notice. Either the bank forecloses or the HOA does. The HOA forecloses because the dues haven't been paid. The bank of course, because the mortgage hasn't. I am curious about which entity is involved in putting this into the foreclosure process? Is it a HOA foreclosure or a Bank?

I agree something sounds a bit fishy here and a lawyer should be involved. You were able to secure a deal with the bank to purchase the home. Which surprises me that this wouldn't have turned into a short sale. Sounds like the company you were renting from went "under" and the "New" company is buying up those properties. Not unlike those furniture companies that always have a "Going out of business sale" just to open up a few months later under a "new" name. You still owe them that money from the 12 months same as cash deal you made 5 months prior...It's going to be a hard battle to fight but if you get the right angle, you have a good chance of winning...

Former HOA President
CarmenP
(Florida)

Posts:32


10/08/2011 6:14 AM  
My case is the craziest case out there. Like I mentioned, I rented the property from International Marketing and Leasing. Seven (7) months into my lease I get a knock on the door by a realtor that was assigned to the property by the bank. The property went into foreclosure due to the owner noy paying the morygage since back in 2008-2009. Comes to find out that this particular unit was owned by the brother of the HOA President. These scam artists are doing now is turning all the HOA applications down so that they can turn around and purchase it through International Sales and Leasing and rent them out. They have bought units for as low as 100.00. A couple for 50,000 and the rest of them range from 12,000 to 25,000. I have retained an attorney who is willing to fight for me. It will take months but, in the meantime....I am not paying rent:-)
CarmenP
(Florida)

Posts:32


10/08/2011 6:14 AM  
My case is the craziest case out there. Like I mentioned, I rented the property from International Marketing and Leasing. Seven (7) months into my lease I get a knock on the door by a realtor that was assigned to the property by the bank. The property went into foreclosure due to the owner noy paying the morygage since back in 2008-2009. Comes to find out that this particular unit was owned by the brother of the HOA President. These scam artists are doing now is turning all the HOA applications down so that they can turn around and purchase it through International Sales and Leasing and rent them out. They have bought units for as low as 100.00. A couple for 50,000 and the rest of them range from 12,000 to 25,000. I have retained an attorney who is willing to fight for me. It will take months but, in the meantime....I am not paying rent:-)
MelissaP1
(Alabama)

Posts:9413


10/08/2011 6:46 AM  
You can legally not pay rent for about a year. Just keep responding to their response when and if they send you notification of eviction. You just have to put down a reason and keep delaying it. If you don't put down a response, then that is pretty much allowing them to enforce the law.

The people I foreclosed on in my HOA did something similar to their tenant. The tenant eventually won in court. So I have some understanding of what your side looks like. They were having their tenant pretty much paying off their second mortgage for them. They also tried to stick their tenant with the HOA bill. I decided enough was enough with these owners and foreclosed on them. Eventually, it catches up with them....

Please continue to post your situation as it is unique and a learning experience. Good luck!

Former HOA President
CarmenP
(Florida)

Posts:32


10/08/2011 7:00 AM  
Thanks. Yes, this is the third (3) blog company that I've posted my situation. I want the word to get out there of the scam that is going on at Universal Resorts development. I was surprised to hear that some Realtors out there have caught on and not allowing people to try to buy the properties so they don't lose their 150.00 on the HOA application fee since they know already about the scam and know that the applicant WILL NOT get approved by the HOA. I will fight til the end....I am not packing my bags anytime soon....specially once they know I have an attorney.
CarmenP
(Florida)

Posts:32


10/08/2011 7:00 AM  
Thanks. Yes, this is the third (3) blog company that I've posted my situation. I want the word to get out there of the scam that is going on at Universal Resorts development. I was surprised to hear that some Realtors out there have caught on and not allowing people to try to buy the properties so they don't lose their 150.00 on the HOA application fee since they know already about the scam and know that the applicant WILL NOT get approved by the HOA. I will fight til the end....I am not packing my bags anytime soon....specially once they know I have an attorney.
BradP
(Kansas)

Posts:2640


10/08/2011 7:08 AM  
Posted By MelissaP1 on 10/08/2011 6:46 AM
You can legally not pay rent for about a year. Just keep responding to their response when and if they send you notification of eviction. You just have to put down a reason and keep delaying it. If you don't put down a response, then that is pretty much allowing them to enforce the law.

The people I foreclosed on in my HOA did something similar to their tenant. The tenant eventually won in court. So I have some understanding of what your side looks like. They were having their tenant pretty much paying off their second mortgage for them. They also tried to stick their tenant with the HOA bill. I decided enough was enough with these owners and foreclosed on them. Eventually, it catches up with them....

Please continue to post your situation as it is unique and a learning experience. Good luck!




I would make sure to get your lawyer's advice on not paying rent...the laws in each state differ for eviction procedures. If your lawyer is advising you to do that great, otherwise I would seek their advice before you end up in the street
CarmenP
(Florida)

Posts:32


10/08/2011 7:15 AM  
Both the attorney and the bank realtor advised me to not pay rent. As we speak, this property is own by the Bank not International Sales and Leasing. International Sales and Leasing was aware that this property was in foreclosure. They haven't even dare come knocking on my door or sent me letters or any documentation of eviction. By law, they can't. The Bank can eventually evict me, if they choose to but, my attorney is sending them this week a letter of legal representation, and that should freeze everything.
PetunkaM
(Florida)

Posts:1000


10/08/2011 8:35 AM  
This case is interesting in a number of ways including the attorney's approach. It seems Victoria Association was inactive for a few years and Incorporated again in 2002. I looked at the Articles and was surprised to learn that the BOD has in deed the power to deny lease/sales application as follows:

‘To approve or disapprove the transfer of ownership , leasing and occupancy of units, as provided by the Declaration of CONDOMINIUM’. ..

another article says

‘The members of the Association shall consist of all record owners of FEE-SIMPLE interest in one or more lots and improvements constructed thereon in Victoria Landing, as further provide in the Bylaws.’

Comment: I cannot tell what the legal ownership of these units is? Are these units condominiums or fee-simple townhouses/houses?

Allen posted this about the covenants:

‘Deny without good cause. The Association's approval shall not be denied unless a majority of the whole Board so votes. If the Board disapproves WITHOUT good cause, then within thirty days after the Board meeting at which the disapproval took place, the Board shall deliver in writing to the owner (the seller) the name of an approved purchaser who will purchase the Lot at the same price and upon substantially the same terms as in the disapproved sales contract.’

Comment: Well, that provision seems to be in line with other condo associations. So, I am just curious to know: What does the attorney want to challenge/prove?

1. Some type of scam?

OR

2. The restrictions in the Articles and Covenants?

1. If the attorney wants to prove scam (which appears to be the case) than the number of applications denied is quite important. The problem is that under Florida law any information obtained in the lease/sale application may not be disclosed. I also wonder if the covenants provide for right of first refusal and specifically state that the board may not be held liable for not approving a potential purchaser or lessee. Furthermore, General partner of the Corporation is Malcom Williams who is not on the Board, correct? Limited partners are not known. What if none of the limited partners are on the Board?

2.Why would not the attorney challenge the docs being in conflict with Florida/Federal laws such as Federal Housing Act? In which case the number of applications denied would not be important. Does the attorney think the docs are not in coflict with any laws? Do you know?

PS: ‘ this particular unit was owned by the brother of the HOA President. ‘ (Carmen)
Why do you think it is important?
DonnaS
(Tennessee)

Posts:5671


10/08/2011 11:44 AM  

Carmen,

If you read the Florida Tenants Rights Laws, the number one reason that a tenant MAY be evicted is for failure to pay rent. Ya'll better get some advice on your rights as a tenant as well. I am suprised that a lawyer would tell you not to pay rent.
PetunkaM
(Florida)

Posts:1000


10/08/2011 11:56 AM  
Both the attorney and the bank realtor advised me to not pay rent. As we speak, this property is own by the Bank not International Sales and Leasing. International Sales and Leasing was aware that this property was in foreclosure. They haven't even dare come knocking on my door or sent me letters or any documentation of eviction. By law, they can't. The Bank can eventually evict me, if they choose to but, my attorney is sending them this week a letter of legal representation, and that should freeze everything. (Carmen)

Carmen,

Are you implying the Bank still owns the unit and there is no settlement scheduled with the International Sales & Marketing LLC? Can your attorney stop the Bank from selling the unit to someone else without any consequences to you? Or am I misreading what ‘freeze everything’ means? If you do not feel comfortable talking about it, please don’t. I am just curious.
CarmenP
(Florida)

Posts:32


10/08/2011 2:28 PM  
I have a signed Contract with the Bank. We have settled on an amicable amount. I'm just not allowed to close on the property until the HOA approves my application. THe Bank realtor is working with me. He is a very nice guy.
PetunkaM
(Florida)

Posts:1000


10/08/2011 3:12 PM  
I have a signed Contract with the Bank. We have settled on an amicable amount. I'm just not allowed to close on the property until the HOA approves my application. THe Bank realtor is working with me. He is a very nice guy. (Carmen)

Carmen,

Please know that no one on this forum is here to challenge your case. But, some of us are concerned about the advice you are getting and for a good reason. And, no one really knows what your attorney is telling you and why. All we are trying to tell you is to be cautious. At least, this is how I read the posts.
MelissaP1
(Alabama)

Posts:9413


10/08/2011 3:14 PM  
You know the bank would be the official HOA member... They own the property and thus should be listed as a member of the HOA. So if they are working with you, you may ask them to assert their rights as a HOA member. It's a little unusual for this to happen. However, I am sure they want to get rid of this property as much as you want to purchase it. Hence why they made the deal with you.

The bank realtor or you, should be able to go to the courthouse record's department and pull the current Convenants and Restrictions of the HOA. They are public records. This way you can have the rules of the HOA on hand to do some research. Plus they should have the article of incorporation at the State level filed too. This information if you don't have it already, should provide some more insight on how the place is set up to run. Should lay out how and why they can deny membership too...

Former HOA President
PetunkaM
(Florida)

Posts:1000


10/08/2011 3:26 PM  
PS: Also, Carmen, realize there is something called a back-up contract which you may or may not know anything about. And, the real estate agent may tell you tomorrow 'I found another unit for you.' What puzzles me the most is the letter to the bank from your attorney. Never mind, just random thoughts.
PetunkaM
(Florida)

Posts:1000


10/08/2011 4:14 PM  
'They own the property and thus should be listed as a member of the HOA. So if they are working with you, you may ask them to assert their rights as a HOA member. (Melissa)'

Pigs will fly before the banks will assert owner rights in HOAs.
CarmenP
(Florida)

Posts:32


10/08/2011 4:34 PM  
I truly appreciate everyone's input. I have made notes, and will have them handy for when I talk to the Bank Realtor and my attorney. I've never heard of the term "the bank can exercise their rights as an HOA member". I am dealing with Bank of America.
MelissaP1
(Alabama)

Posts:9413


10/08/2011 8:16 PM  
Banks don't normally participate in HOA business. However, it sounds like you have a good relationship going on. Think it will depend on the circumstances if they will or will not assert their HOA membership rights. It wouldn't hurt to ask the Bank's Realtor.

You may want to hire a realtor of your own. They are called "Buyer's agents" and they would work for you. They split the profit in the sale with the seller's realtor. That is worked out between the two agents. It may be something to look into if it all gets too confusing on the real estate laws and such. This way you have a realtor on your side and not working from the other.

Just another suggestion to help you out and for additional protection....

Former HOA President
GlenL
(Ohio)

Posts:5491


10/09/2011 1:01 AM  
Posted By CarmenP on 10/08/2011 7:15 AM
Both the attorney and the bank realtor advised me to not pay rent.


Yes but have they done so in writing? It would be so easy to claim you misunderstood something they said if their plan goes south. At the very least I would recommend you put the rent money into some type of an escrow account to protect yourself.



Studies show that 5 out of 4 people have problems with fractions
PetunkaM
(Florida)

Posts:1000


10/09/2011 6:52 AM  
‘They are called "Buyer's agents" and they would work for you.’ (Melissa)

Please can you clarify how ANY real estate agent would help to resolve the issue with the application approval? IMO, no real estate agent has the power to challenge HOAs documents. The Bank cannot sell to a buyer who has not been approved either. And, if the bank has a backup contract what would stop them from selling to them? So, why is the attorney writing to the bank to begin with? To ‘freeze everything’? OK, but the bank could potentially charge Carmen with lost revenue such as paying dues plus their legal fees.

Also note, this investment company owns well over 50% of all units and they probably know what they are doing. And, yes, I believe they could be connected to the Board somehow, but proving ‘scam’ could be a lengthy and expensive process.

If my attorney could not challenge the documents, i.e. approval process of purchase applications, I would walk away. Also, let’s keep in mind that the Articles and Covenants were written by some attorney and it is quite possible that an HOA may have the power to reject a buyer without a reason providing there is a backup contract for the same amount.
PetunkaM
(Florida)

Posts:1000


10/09/2011 10:39 AM  
You can legally not pay rent for about a year. (Melissa)

Melissa,

And, where did that information come from? I cite interpretation by Florida Bar:


‘The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.’

MelissaP1
(Alabama)

Posts:9413


10/09/2011 11:08 AM  
I suggested a buyer's agent to give a point of view of real estate laws. Basically, a go to source for working the system. Lawyers aren't realtors. Plus a buyer's agent wouldn't be chargiing money for their advice like a lawyer would. A buyer's agent works for the commission received from the sale. Usually there is a 6% commission on purchasing/selling a home the realtor gets. Using a Buyer's agent that realtor would split that with the seller's realtor for part of that 6% commision. It can be 60/40, 50/50, or other agreed upon amount. Plus the realtor could be helpful in property research such as prior ownership, tax history, utilities, or other historical facts on the home. Let's not mention they may have knowledge on mortgage negotiations, foreclosure sales, or selecting the correct bank etc...

As for the whole rental issue...Here's how that works...There are two notifications one must give their tenant to vacate. The first is the intent to vacate and the 2nd is to actually vacate. The tenant has a right to respond/contest these notifications. Which means they can put down a reason "I am not moving due to the fair housing act etc.." The court then has to honor this response and give it time to be resolved. In the meantime, the renter isn't required to pay rent while this delay in process is happening. So if I keep sending out notices and they keep responding/delaying the result, this can go on up to a year. Usually when it gets close to a year in court battle, the judge will finally put their foot down.

However, due to the court filings/battle, rent doesn't have to be collected. If the tenant finally moves out, then the owner has to again take them to small claims court to lien or collect the back rent owed. They may decide not to pursue this because they just wanted the tenant out. Hence, the reason this poster got sound advice on NOT paying their rent during the course of these proceedings. That is actual solid advice. I'd just put the money in a savings account instead just to have it on hand toward the end of all of this...

Former HOA President
PetunkaM
(Florida)

Posts:1000


10/09/2011 11:10 AM  
I just found the covenants for Victoria Landings. The 1992 original covenants allow for short term rentals by owners as follows:

‘Living units and lots may be leased on a short-term basis, provided that the Unit Owner obtains the proper Occupational License from Osceola County to conduct such business, and the Living unit meets the necessary requirement of the Division of Hotels & Restaurants as set forth in Florida Statutes.’

However, the amendment filed in 2001 changed that and states that the Association has ‘the exclusive right’ to rent the units and retain up to 50% of the gross amount. It could be the association may prefer to sell to investors, since they could make money on rentals, maybe?

There are other interesting if not unusual provisions regarding purchase approvals. It is not a typical HOA for sure.

Processing fee is only $100 unless there is another amendment ...
CarmenP
(Florida)

Posts:32


10/09/2011 12:02 PM  
The HOA application fee is now 150.00 since that is what I paid. There are 72 units at Universal Resorts, 39 of the units have been bought by International Sales and Marketing. There are only 8 units owned by individual owners that they bought many years ago. The rest of the units are either condemned or not liveable. In the last 2-3 years VLHOA has not approved any buyers except International Sales and Marketing. They have a BIG scam going on. David Moth is the current President of VLHOA, and was on the International Sales and Marketing board up until 2006. David Malcolm has also been back and forth on both Board. I believe Malcolm is the Manager of International Sales and Marketing now.
PetunkaM
(Florida)

Posts:1000


10/09/2011 12:49 PM  
May be it is scam but the Association docs permit the BOD to refuse anybody or everybody for any reason or, no reason at all. That is crystal clear. And, evidently the owners approved those amendments in 2001. So, I was just wondering why the attorney is not challenging the legality of these amendments. This is all I was asking.

Oh well, perhaps instead of going to court they will let you to buy a unit. Personally, I would not touch this situation with a ten foot stick. But that is me. Good luck, Carmen, I admire your persistence.
CarmenP
(Florida)

Posts:32


10/09/2011 12:54 PM  
I think you have a real good point. I will run it by my attorney. Maybe he can challenge the legality of the amendments. Thanks for your input. I truly appreciate it:-)
PetunkaM
(Florida)

Posts:1000


10/09/2011 2:00 PM  
Carmen,

I do assume you read the covenants and the two amendments carefully. I really did not see any other docs, including the By-laws, but there are literally hundreds of pages in the public records most of which are legal issues and I do not feel like going thru it.

PetunkaM
(Florida)

Posts:1000


10/09/2011 3:15 PM  
Carmen,

Let me say what really troubles me. Even if you buy the unit for very little money, you will always be in the hands of that investment company, because they own well over 50% of all units. In other words, your vote will never count. If you have to sell and or rent (can happen) you will be governed by the covenants which are pretty ‘owner unfriendly’, in my opinion. In fact, they could make your life quite unpleasant, if they really wanted to. I am sure your attorney explained these facts to you but if not, please take this also in consideration. You may be putting good money after bad. Judging from the public records this community has had its share of problems. Not a good sign. Perhaps others will give you their views.
CarmenP
(Florida)

Posts:32


10/09/2011 3:34 PM  
Yes, I am aware of the problems. I just think that what they have been doing is wrong, and they have been getting away with it. The HOA has taken thousand of applicant's money ($150.00) per person, and have declined every single application. I just pray that with me opening their cans of worms, will free up their scam and allowing other Realtors the change to sell to other people that are interested in buying and not just International Sales and Marketing. I just want to give them a battle and try to bring their scam to light in the Court system. I understand your concerns, they are mine too but, I will let you know the outcome, and I pray it's a good one:-)
PeterD3
(Florida)

Posts:708


10/09/2011 4:25 PM  


In light of your last post...

Yes, I am aware of the problems. I just think that what they have been doing is wrong, and they have been getting away with it. The HOA has taken thousand of applicant's money ($150.00) per person, and have declined every single application. I just pray that with me opening their cans of worms, will free up their scam and allowing other Realtors the change to sell to other people that are interested in buying and not just International Sales and Marketing. I just want to give them a battle and try to bring their scam to light in the Court system. I understand your concerns, they are mine too but, I will let you know the outcome, and I pray it's a good one:-)"


What a waste of your time and money.

You're better off spending your time looking for a new place to live and spend your money on your family.
PetunkaM
(Florida)

Posts:1000


10/09/2011 4:42 PM  
Carmen,

Just know that charging $100 transfer fee (I could not find $150) is not a scam. Again, it is authorized by the docs. And, if they deposit the money into the Assn funds it is perfectly legit. Not sure about thousands of applicants. That number seems a little unrealistic plus your attorney would have to go thru all the financial records to prove it and that alone could take days. It would be scam if they took this money and put it into their packets and how would you know that? Just playing a devil’s advocate.

When you say ‘big scam’ I think if Enron or Madoff.. this is not the case not, as I see it
CarmenP
(Florida)

Posts:32


10/09/2011 4:59 PM  
My $150.00 HOA application fee was cashed at an Amscott by David Moth, the President. It was NOT deposited into an HOA account whatsoever. I am attempting to find people that have gone through the process, and find out who and how the HOA application fee was cashed.
BruceF1
(Connecticut)

Posts:2535


10/09/2011 5:32 PM  
Posted By CarmenP on 10/09/2011 4:59 PM
My $150.00 HOA application fee was cashed at an Amscott by David Moth, the President. It was NOT deposited into an HOA account whatsoever. I am attempting to find people that have gone through the process, and find out who and how the HOA application fee was cashed.

Let me understand this. You made the check out to the HOA, but David Moth endorsed it and cashed it at Amscot (a check cashing place, among other things) for cash. So, it wasn't deposited into an HOA account and there's no paper trail of what happened after the check was cashed since it's now in Mr. Moth's hands in the form of cash? Does that about sum it up?

How was the check endorsed? Just by Moth or by the HOA and then Moth?

If there is something fishy going on, this guy is either being very blatant or just plain stupid. I'm wondering how this fee is being reported to the IRS. Is it being reported as non-exempt income for the HOA (taxable) or as personal income (also taxable) for Mr. Moth?
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