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CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:

"Last year investors bought nearly 1 in 7 homes sold in America’s top metropolitan areas, the most in at least two decades, according to data from the realty company Redfin and an analysis by The Washington Post. Those purchases come at a time when would-be buyers across the country are seeing wildly escalating prices, raising the question of what impact investors are having on prices for everyone else."

Podcast here

(Note: the Post's analysis and podcast may be behind a paywall.)

What this means for community associations

Increasing numbers of investors means an increasing percentage of owners who have no ties to the communities in which they own, and who may not even live in the same country. This will result in:

* Harder to fill board positions.

* Increased numbers of violations of the CC&Rs.

* Associations that require homeowner approval for assessment increases or things such as CC&R amendments will have a harder time getting the necessary votes.

* Increased unaffordability will result in buyers who are stretched to the limit with their mortgages and who can't really afford their homes. This will lead to increasing numbers of delinquencies and worsening financial stability for the affected associations, followed by neglected maintenance.

* These issues may drive current members and prospective buyers away - why take on the risks and expense of living in a HOA/COA if you're essentially living in a rental community?

* Higher prices will drive more buyers to condos rather than single family home communities, and condo communities already targets for investors. But single family home communities are also being targeted by investors now.

What can community associations do about this?

Associations were developed with the notion that owners within these communities have a shared interest in maintaining their neighborhoods. Investors and owner-occupants have fundamentally different goals, with the greater share of negative consequences falling on the owner-occupants. This may drive current owners and prospective buyers away. Why take on the risks and responsibilities of living in an HOA/COA if you're essentially living in a rental community - that's the worst of both worlds.

The main line of defense is a robust and enforced rental restriction. And it has to happen from the get-go. Once investors get a toehold, the nature of the community changes, and it becomes much more difficult to approve any kind of restriction.

Local officials also need to worry about this. They tend to love community associations because they can offload some of their obligations onto private citizens. But what happens when these citizens have no ties to the area, don't care whether the communities are being maintained as long as the rent checks keep coming in, and don't care if the properties are neglected until they fall down? In the long run, people (and businesses) with options will go elsewhere rather than living in a shabby area.

Lawmakers should really think twice before passing laws that make it harder to restrict rentals. Unintended consequences, don'tcha know?

TL;DR: This trend bodes ill.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Likewise, the other trend that I am observing is there is significant political pressure around the country to eliminate single family zoning and allow "middle housing" (duplex, triplex, fourplex) everywhere. This will have a similar negative impact on HOAs which are founded on one house / one lot.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Reading through our by-laws, I saw where a corporation can be on the Board of Directors if they run and are voted in. Of course, a real human being has to be selected by the corporation to actually fill the spot. I was not aware that a Board of Directors could have corporation directors. (Actually, before I joined the board, I did not realize that corporations owned homes in our neighborhood....but they do!)
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By HenryS7 on 02/17/2022 6:23 AM
Reading through our by-laws, I saw where a corporation can be on the Board of Directors if they run and are voted in. Of course, a real human being has to be selected by the corporation to actually fill the spot. I was not aware that a Board of Directors could have corporation directors. (Actually, before I joined the board, I did not realize that corporations owned homes in our neighborhood....but they do!)

Actually that's not unusual. Individual investors often buy a condo/house through an LLC, and the LLC is the owner. That owner can appoint an agent to vote and to run for election to the board.

By the by, corporate ownership is another advantage that investors have over owner-occupants. By owning through an LLC, the investor's liability is limited to the assets of the LLC. Usually this won't matter much, but if something goes badly wrong - for example, the association has a large, uninsured loss - the uninsured part of the loss is passed on to homeowners who have to make good on it. All of a homeowner's personal assets are at risk (possibly not retirement accounts, but I don't know the law) - but the LLC's loss is limited.

I fail to see any advantage to owner-occupants if other owners are investors - quite the opposite, in fact.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I call it "who pulls the short stick in a LLC does the prison time". Basically the last member standing in a LLC gets the blame or board membership vote.

Dealing with a LLC for lien or foreclosing adds an extra layer of complications. They are corporation similar to a HOA with less liability applied. It is harder to process against one but just need more time.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By CathyA3 on 02/17/2022 6:58 AM
Posted By HenryS7 on 02/17/2022 6:23 AM
Reading through our by-laws, I saw where a corporation can be on the Board of Directors if they run and are voted in. Of course, a real human being has to be selected by the corporation to actually fill the spot. I was not aware that a Board of Directors could have corporation directors. (Actually, before I joined the board, I did not realize that corporations owned homes in our neighborhood....but they do!)


Actually that's not unusual. Individual investors often buy a condo/house through an LLC, and the LLC is the owner. That owner can appoint an agent to vote and to run for election to the board.

By the by, corporate ownership is another advantage that investors have over owner-occupants. By owning through an LLC, the investor's liability is limited to the assets of the LLC. Usually this won't matter much, but if something goes badly wrong - for example, the association has a large, uninsured loss - the uninsured part of the loss is passed on to homeowners who have to make good on it. All of a homeowner's personal assets are at risk (possibly not retirement accounts, but I don't know the law) - but the LLC's loss is limited.

I fail to see any advantage to owner-occupants if other owners are investors - quite the opposite, in fact.

Yup. And no, you didn't steal my thunder when I posted the link to the article in another post! I agree with everything you said and why I do not like most investor owners in my community. In fact, after last night's non annual meeting (no quorum, but we discussed things because a few were there), I fear our shaky reserves may make us even more at risk for an investment company to swoop in and buy for a song and then does God knows what.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our Covenants say no rental for the first year of ownership. No investors in our association.
KerryL1 (California)
Posts: 14,550
Posted:
Rental limitations are very restricted in CA.

Our 22 y.o. 200+ condo high rise has about 25% owners who are landlords. I really don't know if all are investors as I've met a few and they insist they'll retire here "some day."

These 25% do vote for directors at the same level as owner - occupants. Ballots went out a few days ago for a restatement of our Bylaws and of our CC&Rs. We'll see how/if they vote. We have added a section whereby our HOA can evict renters if after Owners have tried hard to correct their tenants' behaviors, nothing works.

We enforce our rules strictly and fairly. Even investor Owners do not want constant letters about their renters' violations and fines. Imo, along with strong rental limitations in states where they're permitted, quick, fair & decisive rule enforcement is critical.

Starting today, HOAs should carefully review their procedures for handling violations. They also should perhaps update their fines. Ours are ridiculously low, but we really don't have many violations. Still, we need to raise them.

At the moment, 3 condos that recently sold are being completely remodeled. We'll see if they go back on the market when finished. Or if they'll be owner occupied or rentals.
LetA (Nevada)
Posts: 2,679
Posted:
With the looming STR law change coming to Nevada, I was assured by our PM that we really don't have to amend the Rules and Regs because our CC&R's alertly state that all rentals need to be a minimum
of six months. The PM won't entertain a notion of amending the parking rules.

I am under the impression that the new Nevada law quashes existing CC&R verbiage in regards to rental limitations in common interest communities. This is why we need a new PMC . ugh
I want to be ahead of the 8 ball, not behind it. Tell me, is that right or wrong?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By LetA on 02/19/2022 8:14 PM
With the looming STR law change coming to Nevada, I was assured by our PM that we really don't have to amend the Rules and Regs because our CC&R's alertly state that all rentals need to be a minimum
of six months. The PM won't entertain a notion of amending the parking rules.

I am under the impression that the new Nevada law quashes existing CC&R verbiage in regards to rental limitations in common interest communities. This is why we need a new PMC . ugh
I want to be ahead of the 8 ball, not behind it. Tell me, is that right or wrong?

I disagree with your PM, sort of. If your current rental restriction says rentals need to be a minimum of six months, that may be enough to keep most STRs out - it would help if the restriction also says "no corporate or hotel style rentals". But it won't address the issue of investors buying up enough property to eventually convert the HOA/OCA into a rental community. (At which point Mr./Ms. PM will no longer have a job, I must add.) And what's up with the parking rules? Parking rules really may need to change periodically to keep up with the changing needs of a community.

Between state legislatures making it harder to limit rentals of any sort and investors buying up housing, I'm seeing more and more obstacles being put in the paths of people with modest means. For many folks, the equity in their homes represents the greatest part of their net worth, and a paid off home can be an important part of elderly ppersons' financial stability. Both of these groups are being thrown to the wolves, and that's not the sort of thing that leads to stable societies.

AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LetA on 02/19/2022 8:14 PM
With the looming STR law change coming to Nevada, I was assured by our PM that we really don't have to amend the Rules and Regs because our CC&R's alertly state that all rentals need to be a minimum
of six months. The PM won't entertain a notion of amending the parking rules.

I am under the impression that the new Nevada law quashes existing CC&R verbiage in regards to rental limitations in common interest communities. This is why we need a new PMC . ugh
I want to be ahead of the 8 ball, not behind it. Tell me, is that right or wrong?
My understanding is that the new Nevada law on STRs is not looming but went into effect this past July 1.

-- The new Nevada law applies only to counties over a certain size. The result is that it affects maybe half the homes in Nevada.

-- LetA elsewhere indicated she/he is in one of the counties to which the new STR law has specific implications.

-- The new law requires that STRs be for a minimum of two nights.

-- A HOA can require that STRs be for a longer period.

-- Hence if LetA's HOA's covenants requires six month rentals, then the covenants control.

-- Regarding the PM 'not entertaining an amendment' to the CCRs or Rules and Regs: Bollocks to him. He needs to be told that the owners decide whether they want to entertain an amendment.

-- Chatter appears at:
https://thenevadaindependent.com/article/the-indy-explains-nevadas-new-short-term-rental-law-and-what-it-means-for-companies-such-as-airbnb

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