Las Palomas update?

[dry heat]

Come on Dry. read what I wrote, or read it again. You're an educated man.And who really cares what the "SC" recommends anymore. Read my last few posts and step down.You walk around all the issues and address only those that benefit you.Read it again . It's clear.

I am missing it, please tell me again what you want changed and how you plan on achieving it. I deal better with black and white issues and not emotionally unbalanced rants. If the reference is to allowing owners to rent outside of the designated rental agency it would require 90% of the owners to show up (each phase) and approve it. I think the most we ever had at a meeting was 41%, and that was the last meeting when we made a drastic effort to get people to show up. Oh by the way, if a resort did not require all rentals to be ran through the approved onsite rental company- well that would be a 1st since I don't know of a hotel/condo resort that allows owners to rent outside of the rental operator- but maybe you know better than how it has been done around the world.

 

[curiousgeorge]

Some bylaws require 75% of the undivided ownership group in order to change. for example: replacing the existing administrator and no longer requiring only one rental agency on premise. This has nothing to do with voting rights, this has to do with % of ownership. The developer owns 20% in phase 1 and 23% in phase 2, this means that in order to change certain bylaws within the covenants it would require over 90% of the rest of the owners (not those present but 90% of the total owners to show up and all agree to pass the motion). Maybe you can see why we have to work with the developer for an amicable solution.

Dryheat, I think you are being deliberately misleading. We understand that certain bylaws require 75% of the undivided ownership to change. I am not suggesting replacing the current administrator, which I understand is challenging.

On the other hand, including a bylaw to allow owners to rent on their own in competition with WWG would not face the same hurdle. I believe it would just require a 75% majority of those who vote and have voting rights. Since WWG can no longer vote, I suspect this would pass easily.

Having options would be a great benefit for owners. If the next operator has problems similar to WWG, owners can choose to opt out of the contract and rent on their own. Of course, if the new operator is doing a good job, why wouldn't most owners want to stay in the rental pool?

So how do we get this issue onto a ballot for vote?

 

[dry heat]

Dryheat, I think you are being deliberately misleading. We understand that certain bylaws require 75% of the undivided ownership to change. I am not suggesting replacing the current administrator, which I understand is challenging.

On the other hand, including a bylaw to allow owners to rent on their own in competition with WWG would not face the same hurdle. I believe it would just require a 75% majority of those who vote and have voting rights. Since WWG can no longer vote, I suspect this would pass easily.

Having options would be a great benefit for owners. If the next operator has problems similar to WWG, owners can choose to opt out of the contract and rent on their own. Of course, if the new operator is doing a good job, why wouldn't most owners want to stay in the rental pool?

So how do we get this issue onto a ballot for vote?

It is not a matter of just adding an amendment to an existing bylaw. the bylaw would have to be re-writting to state that the resort does not have a designated rental operator and owners are allowed to lease their units without a subscription to any operator. The original covenants and restrictions filed with the state of sonora restrict the resort to having only 1 rental company on site (no different than all the other resorts along sandy beach and in most areas). Certain bylaws are restricted to the approval of the undivided ownership regime, such as changing the use of the commercial area (restricted to office space, small general store, restaurant, hotel operations), use of personal property, changing the administrator, removing the requirements for a rental company that adheres to the standards of the resort.

Also, why would this resort do something that no other resort does? Issues I can think of that would occur are problems with security dealing with multiple paying guests, dealing with multiple cleaning companies. I am not sure owners who dont rent would like to see wildcat renting going on in their resort (again, I don't know of a resort that allows your suggestion). Also, how would the HOA collect impact fee's from owners that rent (who would issue wristbands for security to identify they are a guest of the resort, is the HOA now responsible for issuing wristbands to everyone)?, what kind of rating would the resort get when they have hundreds of different owners renting according to their own standards, who would enforce occupancy limits, who would handle maintenance issues for every paying guest if something happens overnight and the owner is not available.

I would love to collect 100% of the rental income, however I know that it would create a mess at the resort. I could just see owners undercutting each other for rentals. For example I have my unit paid free and clear, thus my expenses are low so what would stop me from renting my unit for $75 per night and having it occupied every day of the month. Would owners who have a mortgage benefit from other owners undercutting their rates? I am sure the resort would be filled with love if everyone could do as they please. Unfortunately you bought into a condo regime that limits and restricts what you want to do. No different than an HOA in the states (ex. can't park overnight on the street, can't paint your home as you please, can't leave the garbage out, have to pull weeds, etc.). My suggestion is if an owner would want to do as they please with no restrictions is to purchase a home that is not governed by an hoa.

 

[curiousgeorge]

It is not a matter of just adding an amendment to an existing bylaw. the bylaw would have to be re-writting to state that the resort does not have a designated rental operator and owners are allowed to lease their units without a subscription to any operator. The original covenants and restrictions filed with the state of sonora restrict the resort to having only 1 rental company on site (no different than all the other resorts along sandy beach and in most areas). Certain bylaws are restricted to the approval of the undivided ownership regime, such as changing the use of the commercial area (restricted to office space, small general store, restaurant, hotel operations), use of personal property, changing the administrator, removing the requirements for a rental company that adheres to the standards of the resort.

Also, why would this resort do something that no other resort does? Issues I can think of that would occur are problems with security dealing with multiple paying guests, dealing with multiple cleaning companies. I am not sure owners who dont rent would like to see wildcat renting going on in their resort (again, I don't know of a resort that allows your suggestion). Also, how would the HOA collect impact fee's from owners that rent (who would issue wristbands for security to identify they are a guest of the resort, is the HOA now responsible for issuing wristbands to everyone)?, what kind of rating would the resort get when they have hundreds of different owners renting according to their own standards, who would enforce occupancy limits, who would handle maintenance issues for every paying guest if something happens overnight and the owner is not available.

I would love to collect 100% of the rental income, however I know that it would create a mess at the resort. I could just see owners undercutting each other for rentals. For example I have my unit paid free and clear, thus my expenses are low so what would stop me from renting my unit for $75 per night and having it occupied every day of the month. Would owners who have a mortgage benefit from other owners undercutting their rates? I am sure the resort would be filled with love if everyone could do as they please. Unfortunately you bought into a condo regime that limits and restricts what you want to do. No different than an HOA in the states (ex. can't park overnight on the street, can't paint your home as you please, can't leave the garbage out, have to pull weeds, etc.). My suggestion is if an owner would want to do as they please with no restrictions is to purchase a home that is not governed by an hoa.

Once again, you answered a different question. The bylaws could be rewritten to explicitly allow individual owners to rent their own units alongside the chosen operator. You do not need to replace the current operator. In fact, there is actually a legitimate question whether or not this is even against the current bylaws in the first place. The current bylaws only restrict the resort to one operator. It is a bit of a stretch to extend that clause to individuals managing and maintaining their own units.

You say it would be a mess to allow owners to rent their own units. Without debating the merits of your logic, you ignore that you are now forcing owners and the resort into a worse mess. Alongside the obvious issue of owners not getting paid, a partial list of other reasons to not join the rental pool include:
- resort guests have been put into units under the table, without compensation to the owner
- the rotation queue is not enforced
- the walk-in process is corrupt
- items are missing from your condo, not replaced, or fixed
- the resort rarely finding any guests.

I have been around the resort from the beginning. While not perfect, it ran better the first few years when individual renting was encouraged. Once again, if the operator is performing well, most people would join because they do not want the hassle of marketing and managing their units. If the big concern is really lowballing, perhaps marketing restrictions would be a better solution.

 

[dry heat]

That is why we will have a new operator, all the issues you mentioned are being addressed. No Opereator would take on the business if they were not protected as the the exclusive rental company (no other resort allows it, why would Las Palomas be the only one that does). Yes, the bylaws of the hoa state that any unit leased or rented must use the designated rental operator, it is not as simple as rewritting the bylaws to state that owners can rent along aside the one chosen operator, because every single owner that rents on their own would be their own operator (some would use 3rd party companies, some would create a corporation, some would rent as a private person). The bylaws also state that the rental of units must conform to various standards that the HOA has set. Look, it will never happen. no other resort does it, why would Las Palomas. In the meantime, owners are getting rental income. Hopefully sometime this year we will have a new operator to replace the current one. All the issues you brought up will be addressed by a new operator. NO operator is perfect and we will always have issues with any rental operator. The only way one can rent on their own is if they owned their own home and were not part of an HOA that restricts what you can and cannot do. Your request that owners be allowed to rent outside of one rental operator will never happen and has not happened anywhere else. You can say all you want, kick and scream, call HOA members names, hate the resort, pull out advertisements, hire an attorney- it will never happen. and if you purchaed at any other resort, they too would not allow it either.

 

[Dezracer]

I am so glad that I brought a house in Las Conchas, rather then deal with all this BS

 

[Tomcat]

Can someone besides dry heat explain who dry heat is ? Is he some sort of management or just another condo owner ? As I watch dry heat take a simple question and twist it till it appears the best option of action is always his !!!!! Dry heat sounds like he would make a good attorney.. If he didn't get his out come right away he can always just talk the people to death till they throw up there hands and give up. Dry heat preaches how it all works according to how he see's it. I love the way dry heat says it will NEVER happen. Were does a person get a super ego so large that everyone else is a emotional fool if they disagree with dry heat... Wow we have a black president now BUT so many said that will NEVER happen ! Dry heat claiming some things will "never" happen will come back to bite you.... So dry heat what motivates you ????? power, greed, or to simple pretend your Superior to everyone else around you ?????? I like your profile picture that explains a lot about you !

That is why we will have a new operator, all the issues you mentioned are being addressed. No Operator would take on the business if they were not protected as the the exclusive rental company (no other resort allows it, why would Las Palomas be the only one that does). Yes, the bylaws of the hoa state that any unit leased or rented must use the designated rental operator, it is not as simple as rewritting the bylaws to state that owners can rent along aside the one chosen operator, because every single owner that rents on their own would be their own operator (some would use 3rd party companies, some would create a corporation, some would rent as a private person). The bylaws also state that the rental of units must conform to various standards that the HOA has set. Look, it will never happen. no other resort does it, why would Las Palomas. In the meantime, owners are getting rental income. Hopefully sometime this year we will have a new operator to replace the current one. All the issues you brought up will be addressed by a new operator. NO operator is perfect and we will always have issues with any rental operator. The only way one can rent on their own is if they owned their own home and were not part of an HOA that restricts what you can and cannot do. Your request that owners be allowed to rent outside of one rental operator will never happen and has not happened anywhere else. You can say all you want, kick and scream, call HOA members names, hate the resort, pull out advertisements, hire an attorney- it will never happen. and if you purchaed at any other resort, they too would not allow it either.

 

[dry heat]

Can someone besides dry heat explain who dry heat is ? Is he some sort of management or just another condo owner ? As I watch dry heat take a simple question and twist it till it appears the best option of action is always his !!!!! Dry heat sounds like he would make a good attorney.. If he didn't get his out come right away he can always just talk the people to death till they throw up there hands and give up. Dry heat preaches how it all works according to how he see's it. I love the way dry heat says it will NEVER happen. Were does a person get a super ego so large that everyone else is a emotional fool if they disagree with dry heat... Wow we have a black president now BUT so many said that will NEVER happen ! Dry heat claiming some things will "never" happen will come back to bite you.... So dry heat what motivates you ????? power, greed, or to simple pretend your Superior to everyone else around you ?????? I like your profile picture that explains a lot about you !

I should re-phrase it.... The chances that a condo/hotel in penasco or in any other area would allow owners to rent their unit outside of the approved rental operator are slim to non. Maybe "never" was too strong of a word, "slim to non" is probably more appropriate. I own property around the world, most are in hotel/condo developments and I have never heard of a development that allows owners to rent outside of the designated operator. I also own residences in the states and in other countries that I rent, for those I have full control of how I rent the units because I am not restricted.

best!

 

[curiousgeorge]

I should re-phrase it.... The chances that a condo/hotel in penasco or in any other area would allow owners to rent their unit outside of the approved rental operator are slim to non. Maybe "never" was too strong of a word, "slim to non" is probably more appropriate. I own property around the world, most are in hotel/condo developments and I have never heard of a development that allows owners to rent outside of the designated operator. I also own residences in the states and in other countries that I rent, for those I have full control of how I rent the units because I am not restricted.

best!

Unlike Dryheat, I am not familar with how every other resort in Penasco runs their rental business. Just a question to any owners from other resorts, can you rent your own unit outside the management company? If you have a friend or guest that you wish to have stay in your condo, do they need to rent from the management company?

 

[dry heat]

Unlike Dryheat, I am not familar with how every other resort in Penasco runs their rental business. Just a question to any owners from other resorts, can you rent your own unit outside the management company? If you have a friend or guest that you wish to have stay in your condo, do they need to rent from the management company?

Now that is a great question!
You might be interested to know that Seaside Reservations (a rental operator that manages a lot of the developments along sandy ) has one of the strictest enforcements in the area for owners that bypass the rental operator when it comes to leasing or renting the unit.

 

[Tomcat]

You have never heard of condo's being rented outside of a designated operator ? Then in the next sentence you state you rent your other condo's yourself because you are not restricted ? WTF ? Are these restrictions only applied in Penasco then ???

I should re-phrase it.... The chances that a condo/hotel in penasco or in any other area would allow owners to rent their unit outside of the approved rental operator are slim to non. Maybe "never" was too strong of a word, "slim to non" is probably more appropriate. I own property around the world, most are in hotel/condo developments and I have never heard of a development that allows owners to rent outside of the designated operator. I also own residences in the states and in other countries that I rent, for those I have full control of how I rent the units because I am not restricted.

best!

 

[curiousgeorge]

Now that is a great question!
You might be interested to know that Seaside Reservations (a rental operator that manages a lot of the developments along sandy ) has one of the strictest enforcements in the area for owners that bypass the rental operator when it comes to leasing or renting the unit.

Dryheat, let me rephrase the question. I do know that Seaside has strict enforcement for those owners that have contracts with them. My question is, what is the process for owners who do not join the rental company at other resorts. Can they rent their units to guests?

 

[AZ ROB]

Not Speaking for Dryheat but at the Sonoran Sea and Sonoran Spa I had to sign a contract agreeing that if I was to put my condo in the rental pool I would only be allowed to use RPR. not sure about any other resorts so I can not comment on them. Slight correction would be to say I can rent out my condo personally but I must give RPR the normal amount that they would have gotten if they rented the condo out. I didn't buy either condo with the intention of making any money renting them out. 1 we rent the other is just our home away from home.

 

[curiousgeorge]

Not Speaking for Dryheat but at the Sonoran Sea and Sonoran Spa I had to sign a contract agreeing that if I was to put my condo in the rental pool I would only be allowed to use RPR. not sure about any other resorts so I can not comment on them. Slight correction would be to say I can rent out my condo personally but I must give RPR the normal amount that they would have gotten if they rented the condo out. I didn't buy either condo with the intention of making any money renting them out. 1 we rent the other is just our home away from home.

AZRob, how would it work if you did not put your condo in the rental pool? Could you rent out your unit on your own to friends and guests?

 

[dry heat]

You have never heard of condo's being rented outside of a designated operator ? Then in the next sentence you state you rent your other condo's yourself because you are not restricted ? WTF ? Are these restrictions only applied in Penasco then ???

I'm sorry I am not proof reading as I type. I meant to say that my private residences (ex. houses) don't have restrictions when it comes to renting. those properties I keep 100% of the rental income. restrictions on renting are applied in all of the hotel/condo resorts that I know of (including those that I own in).

 

[dry heat]

Dryheat, let me rephrase the question. I do know that Seaside has strict enforcement for those owners that have contracts with them. My question is, what is the process for owners who do not join the rental company at other resorts. Can they rent their units to guests?

At one location, if I don't have a contract with the rental operator and I rent my unit. the operator will invoice me the rack rate for the stay of my guest.
At another location, if I don't have a contract with the rental operator and I rent my unit, the HOA charges my account $150 per day for each night of the stay. If I don't disclose the rental, the HOA charges me $225 per night.
Both locations require the guest to check in and out at the lobby, thus it is a bit of a challenge to sneek them around- unless they where trained really well to lie upon check in and check out.

 

[Tomcat]

So Rob what is the normal cut for RPR ? Lets say you had a guest use your other condo for free ? or you charged $50 a night ? Those two deals are OK as long as you pay RPR how much a night ? Sorry am a bit confused as some friends and I were looking for a condo to rent there for a week and of course were looking for the best deal.

Not Speaking for Dryheat but at the Sonoran Sea and Sonoran Spa I had to sign a contract agreeing that if I was to put my condo in the rental pool I would only be allowed to use RPR. not sure about any other resorts so I can not comment on them. Slight correction would be to say I can rent out my condo personally but I must give RPR the normal amount that they would have gotten if they rented the condo out. I didn't buy either condo with the intention of making any money renting them out. 1 we rent the other is just our home away from home.

 

[ernesto]

This Dry guy is obviously really full of himself.As are the other Squirrels.

 

[dry heat]

This Dry guy is obviously really full of himself.As are the other Squirrels.

Yes, totally full of ourselves. You are too smart to fool. I don't know what the squirrels are going to do with your insightful knowledge, you are too dangerous with your perceptive powers. Damn you got me- you sir are good......................................you still can't rent your unit outside of the rental company.

 

[ernesto]

You mean unless u say so right? Arrogant ass. Every bully eventually gets punched in the nose.