If you've been declined by Victoria Landing Homeowners Assoc. Inc., please let me know.

Carmen,

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

However, I could be wrong.

'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.

Carmen,

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

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.

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.

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...

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.

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".

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.

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.

'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.

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.

Yes, I was good enough to rent the property but, not to buy? Blows my mind lol

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...

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:-)

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.

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

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?

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.

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.

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.

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.

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.

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.’

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 ...