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Episode 028 - How Legal Is My Short Term Rental?




You want to diversify and invest in many things, like stocks & bonds, gold & silver, and real estate.  However, Specialize in one area of Real Estate Investing - like Short Term Rentals, for instance!

Attorneys specialize. Doctors specialize.  You should, too.

Each state has a variety of rules and regulations when it comes to Short Term Rentals. 

You can go to Airbnb's Page about Legal & Regulatory Issues. Read what they have to say, then google your city and state with search phrases like, "do I need a permit or license for my short term rental in Tucson, Arizona?"  Then just start reading.


  • Find out all you need to know for your state government's page and from your city's official government website.


  • Ask your Real Estate Agent if the property is Short Term Rental friendly but still, ask for a copy of the HOA's CC&Rs.


Remember, the government provides tax cuts and incentives as a way to get us to do what they need us to do in order to help the community.  

Incentives and tax breaks are sometimes called Loopholes.

There are incentives for doing things like creating businesses, providing jobs, providing housing, and promoting tourism.

Arizona is a Short Term Rental friendly state because the government encourages the practice and prevents smaller city governments from intruding on small business owner's rights.

Some states and cities are not so friendly with Short Term Rentals.  Make sure you do your due diligence BEFORE you rent or buy.

Cities like New York City and New Orleans prohibit Short Term Rentals, yet they still exist.

Hawaii is in the new because, after doing some simple math, they realized that there must be tens of thousands of illegal Short Term Rental properties in their state.  Now they want the last 10 years of Airbnb's records to find the culprits.  Uh, oh!

Please use our Affiliate Links whenever possible and help support the show.  Thank you!


Recommended Article or Blog Post Related to This Week's Podcast:

A Partnership To Streamline The Home Sharing Economy

State orders Sedona to stop requiring licenses for short-term vacation rentals

New AZ law takes effect for short term rentals


Recommended Podcast Episode that is paired with this one like a Fine Wine:

Listen to Episode 009 on The One Thing That Can Rain on Your STR Parade the Hardest!


Get This Episode's Show Notes in a pdf form...

Go To Our Download Page 

Show Transcript

[00:01] Over the last two centuries, nearly 90 percent of the world's millionaires have created their wealth through real estate. Here to tell you how you can ride this wave with less risk and less capital while creating greater income, is your host, best selling author and Speaker, Michelle Russell.

[00:21] Hi, this is Michelle, the Master of Money Mindset, and you are listening to the Short Term Rental Revenue Podcast...

and in today's episode, we're going to talk about...

[00:30] the legality of short term rentals. We're going to expand on it because it is in the news today and has been for at least a week or so or actually more especially Hawaii. So I wanted to really dig into that, but really quick, I wanted to remind you if you like what you hear, please go to itunes and subscribe because that really helps us get up there and the ratings and stuff. And second, in episode number 25, I talked to him about educating yourself and becoming an expert and really kind of going down into just one area of expertise in real estate which like short term rentals or something. Right? And people were thinking that they were asking questions and as, is that the only thing you invest in?

[01:16] I'm like, no, no, no, no. Obviously I invest in stocks, bonds, gold, silver, real estate. I mean just a bunch of stuff. Okay, but what I'm saying is what you do for a living, you really should be an expert and so if you can niche that down to something like short term rentals, one area in particular and really become an expert at that, you will make a lot more money than you would if you had tried to divide yourself up in doing commercial real estate and holding onto land and then doing short term rentals and then doing fix and flips. If you specialize in one thing, you can get really, really good about that. And attorneys specialize. I mean Dr specialized and when you go to things like Tony Robbins used to have these wealth masteries and he would get a variety of speakers up there to talk about every little kind of investing that you could do.

[02:15] So there's always an expert in those fields. So yes, everybody find something that they love. And then they just really niched down into it and dig their heels in deep and become an expert. That's what you're going to listen to books about and read about. You want to become an expert at what you do and the more specialized you become and the more educated you become about that, the more money you will definitely make and the more people you'll be able to serve. So I wanted to really make that clear. And the third thing is guess what? This is so exciting to me. I know most people are like, how are you excited? I'm super excited because today's podcast is brought to you by audible. Get this. I've had audible since like 2006 and you guys have heard me brag on it. Audible. I love you.

[03:05] And they have given me my own little link for my listeners. So you get a free audio book that you can download and you get a free 30 day trial if you go to audible, forward slash s, t r revenue. Yes. Isn't that cool? I'm super, super, super excited. You know they have like over 180,000 titles, all types of books and you can listen to a book a week or even more. I listened to so many books and I constantly put them on fast speeds and they have a great app that I've talked about before. You guys will love, but there's all kinds of programs in there which are very similar to podcast, but you can go in there and listen to Ted talks. You can go in there and listen to a bunch of different things, so not just business books, but I always recommend that you really, really, like I said, dig your heels in deep and learn about what you're doing.

[04:03] Business books are the way to do that. You learn more and more and more and you can get your free book now and your 30 day trial by going to audible, forward slash st our revenue, so you can do that on your iphone guys too. You can have an iphone, an Android, a kindle. You can download it onto your MP three player. You can do it on your laptop because I have an APP on my computer too, so any old way, but yes, we are now sponsored by audible, so I'm super duper excited about that. I'm also super duper excited because on its way right now is that cloud cam, that cloud cam has been mailed out to Jasper Lee and so I thought I would really quick. Jasper Lee is the one who left us a five star review and we put everybody's names in this little thing and drew it out and she won, but I'm going to read you her five star review it said I started listening to this podcast two weeks ago and I was instantly hooked because of the valuable information on strs that Michelle provides her audience with.

[05:08] Michelle keeps it real with you and it's also very open to helping you if you ask her any questions. Thank you, Michelle. I'm. I kind of stumbled there for a second. Thank you. You're welcome. Are you kidding? Anytime you guys ask us questions, we're going to get on there and do our best to get back with you. Or if we can't find the answer, if we don't know the answer, we will find it for you. We're here to help you. So I was super excited to that. She wants. I'm like, oh, she's going to love me. I'm like, she's, she, she would leave at 10, 10 star review now because she's got that little cloud cam coming. I want to see how that works. So it just really, if you are listening, please do me a favor. Take a picture of that. Even if you send it in a private message, I want to see if it works.

[05:51] If you can make it so your um, Amazon guy can come into your house and you can let them in with lock. That is so cool. I think it's so cool. But anyways. All right, let's get back to him. Business. All states have a variety of rules and regulations when it comes to short term rentals. And if they don't, they're going to get them. Now we're really lucky here in Arizona, but I'll go into that in a second, but remember when we had the episode called, it depends when somebody asks if a short term rental is legal in their area. It depends. It's like one of those things you're like, oh, when there be, you know, it'd be nice if we could just have one cut and dry answer, but we can't. It depends on where you live. It depends on the type of house you have.

[06:37] It depends on how many days you plan on renting it out. It depends on cc and Rs and h always. It depends on state or local and city governments. I mean it depends on a lot. A lot of stuff. You can go onto airbnb sites and you can look up about rules and regulations, but it's always going to depend on all of those things. A variety of different things. So when you go online, airbnb will most likely not have your state or your specific city. You're going to have to dig deeper. You're going to have to google that. Okay, so google it and you can find it in your local government. Your local government, however, will not have your ccnrs for whatever area you live in, so your houses or condos or whatever, you're going to have to dig deeper, so when you're buying or renting, you have to do your due diligence.

[07:34] Due Diligence means the background check that you do on every little thing before you buy or rent a property. Okay? But what is it all about? Why are there rules and regulations and why is it so difficult? It's all about the money. Guys. Follow the money anytime, anytime anything is going on in this world, just follow the money and see where it goes, what people call loopholes, but let me explain it this way. Okay, so governments provide tax breaks for things that they want and that's what people call loopholes. They're usually tax breaks. They're not really holes that people created that you know, they go and search for us. Sometimes they are there. They might be written a little weird, but definitely they're more or less just tax breaks for doing the things that they want you to do. So the government wants you to do things like provide jobs or provide housing.

[08:28] Right. And in Arizona's case, our government really wants us to help out with tourism because we get a lot, a lot of money from the snowbirds that come in from the northern states and come down to visit us in the wintertime. So our governor Doug Doucey, he created, I think it was in 2016, he made an agreement between Airbnb and the Arizona Department of Revenue on reporting and paying taxes on behalf of any airbnb hosts. And it was unprecedented. No other governor had done it. No other state had done it, but he said Arizona is a state that empowers innovative companies like Airbnb to set up shop and expand their operations without jumping through an outdated tax and regulatory system. It helps our economy grow. Do you see that? So those loopholes that most people find or any kind of. When they put stipulations on it to control people, it's to make money.

[09:34] They want to make money. So basically he did this because he knew this was going to be huge. There's going to be a lot of people doing it because we, we definitely have a lot of snowbirds and so he nipped it in the bud and said, you know what, instead of worrying about all the people who aren't doing it right, let's just nip it in the bud, work directly with these systems and we can get that tax money all the time. But he kind of did something kind of Nice. I think it's nice as a short term rental owner, he limited the rest of the authority of all the local governments. Right. So what this did was he said, okay, we as a state, we're going to be able to make this money, right? They streamline the tax payments and they ensure compliance from everybody else.

[10:22] But in the meantime, cities like Sedona, Sedona, they got a cease and desist kind of thing, right? They had to stop licensing short term rentals or lose it state aid. So they came down on Sedona, which is a very. If you don't know, it's a very beautiful city, just north of Phoenix, a couple of hours north of Phoenix, and they have these red rocks. And the war tax, it's a very, very pretty place to work, which is really kind of funny too because everybody. It's so touristy guys. Like, I mean you go down into the talent. I mean the downtown area is really, really beautiful. There's art galleries and jewelry stores and stones and restaurants and it's really, really pretty. But it's very touristy and they got really mad because they're like, oh no, we're trying to protect the nature out here. So they wanted the state to kind of leave them alone.

[11:17] But the state said, no way man. What governor Doucey did was he specifically limited the authority of the local governments to regulate operations like airbnb and other home sharing groups. So sedona was taxing anybody. They wanted to do a little license and if you had a short term rental, right? And they, the state stepped in and said, you can't do that. We've already done that. You can impose zoning restrictions and you can regulate health and safety, but pretty much anything other than that, you're no way you can't do it. So Tucson to Tucson last year said, oh, you know what, I'm, we're going to draft an ordinance to regulate short term vacation rentals down here. But then the state stepped right in and said, yeah, no, no, you're not doing it either. So what's really cool about the state of Arizona is we limit our government a lot.

[12:15] We say, look, you don't need 18 little taxes if the state is doing one big tax, you guys have no authority. So it took the authority away from the little guys and it kind of protected everybody and it made it very easy. No one could take advantage of it, right? Well Hawaii, they didn't do it. So here's Hawaii. Hawaii had, let's just say, because I'm going to do easy math for everybody. Let's just say that all the islands of Hawaii had 100, let's just say 100 hotels on each island. And so each of those hotels, let's just say how the hundred rooms. So now you've got 10,000 rooms inside inside every island. Well, if you only had 10,000 rooms and you were getting 20,000 visitors a day, where were they all stain? That's kind of what happened to Hawaii. They were like, okay, we've only got a limited number of hotel rooms and resort rooms and it's growing by this very small amount every single year.

[13:22] Yet our visitors and the people coming in on the airplanes, we can tell the numbers are just growing and growing and growing, but we don't have that many people getting permits and licenses for short term rentals. So they started doing the math and they said, holy cow, guess what? There's tens of thousands of illegal bnbs out here and in Hawaii on each island and we've got to regulate them. Now why do they want to regulate them? It's the same reason as the state. Obviously they want to bring in tourism because like Arizona, Hawaii is a very big tourist state, right? But the taxes that go in to the state from the people who have the licenses and from the income and stuff that's going to go to take care of your state, right? It's going to take care of your, maybe your roads or whatever programs it goes towards.

[14:20] It's going to help those people and if the people aren't paying the taxes that they should or getting the permits that they should, then it's pretty unfair. People are making a lot of money and they're actually doing it illegally. That is illegal tax avoidance. One thing. Tax evasion is another. So when you are not allowing the government to know that you even have that and it's really hard for them to regulate because there are no addresses on most of these sites until you book and pay for it. And then they give you the address for it. It was really hard for them. So the state of Hawaii right now is wanting to subpoena airbnb and they want the last 10 years, which is kind of weird because we only have to keep records on seven years, uh, to my knowledge about taxes and stuff. But they want that last 10 years of all the airbnbs in the state of Hawaii.

[15:17] And if they get that, anybody who has an airbnb that did not register with the state is going to be in big trouble that only will they have back taxes and not only will they be penalized for not paying those taxes and you know, they'll get the fees and stuff on them, but there could be like really big penalties. I mean who knows, it depends on the government how hard they want to come down on these owners. They could literally take their homes away and that's not a lie. So you always, always, always want to be in compliance with those laws. You really, really do. And I would think to myself, if I were one of those people who had broken the law, I would, right now I would be filling out tax forms and doing my best to come up with a way to get that money paid and set aside before they ask for it.

[16:10] Because rather you come forward and say, Oh yeah, I didn't know about this, but here, here's all this stuff, here's the back taxes and everything. Then wait for that ruling to come down. And it could come down like a hammer on top of you and if you, if you present yourself and your business and you pay those taxes and those fines and fees ahead of time, you're probably going to be in a lot better place than waiting for this thing and writing this out because it's not going to be good. They most likely will be able to get it because here's the deal. AIRBNB and these other companies, what do they want? They're in business to make money too. And so they want these states to work with them. So it's a win win situation in Arizona. What they did there, the governor did here in Arizona, it was a win win situation because they don't have to worry about the taxes and stuff.

[17:02] It gets paid easy and they don't have to worry about anybody slipping through the cracks. They're all compliant when they use it, right? Everyone is compliant because the state of Arizona is on there and any anyone who rents a property within the state of Arizona, boom, they pay that tax right away. So that makes everybody happy. It makes the government happy. And it makes airbnb happy because the government promotes them, so they're, they're pushing it, they want more airbnb people, and it helps the community. It helps, you know, a lot of people say, well, it ruins this and it ruins that. That's not necessarily true. I mean, even if you lived in a place, you know, we had snowbirds coming here before airbnb. It wasn't airbnb that brought them here. And so a lot people will say that when they're in a, a nice place, like places in California go, oh, it's bringing more and more crowds and dirtier and dirtier people.

[17:57] We just want, you know, to hoard this all for ourselves. Well, get, get over yourselves because you know what? If you live in a beautiful place, people are going to want to come there. I would love to say that we don't want any more people in Arizona so that our traffic gets better. Guess what? It's not, it's not going to happen in the winter. We just know the traffic is going to be very slow and we get to complain about all the snowbirds driving very, very slow, but it's like you live in a beautiful place. You pay the price, right? That's just how it is. But it's, it behooves the government to work with these organizations and it behooves the organizations to work with the government because they can, the government can crack down if they want a harder than those businesses would want. And, and it just, you know, everybody working together, it's a better, it's a better deal.

[18:49] And so guys, how do you figure out if where you live has any of these licenses or permits that you're going to need? It's fairly easy for the city and the counties. You can google it, it will show up. So you can say short term rentals. Tucson, Arizona and a thing will come up and you'll probably get, you could get the, the articles of the arguments between the states, but you'll be able to see if, uh, if your city has permitting issues, the, the ones that are harder are going to be the CC and rs. But if you are talking about a property that has multi units in it, like condos and apartment buildings and even housing developments, right, then you're going to have to look at those anywhere there's an Hoa, you're gonna find CCNRS, each homeowner's association or the Little Group of houses you live in or apartments or condos or whatever it is.

[19:49] They're going to have these rules and the rules will say you can only rent out your apartment for 30 days or more at a time. So that would limit the short term rentals, right? They have to stay there. The residents have to be there longer than 30 days at a time. So that restricts that. But people do it. So you have those restrictions and like New York City has a restriction that any multiunit dwellings, like an apartment building, the people have to live there longer than 30 days at a time. Yet when you go onto airbnb or vacation rental by owner or homeaway or something, you're gonna find a bunch of stuff right there in New York City. Same with New Orleans. I'm down in the French quarter. That's actually illegal to have a short term rental down in the French quarter. Guess what? We stayed. We stayed down in the French quarter in Orleans. It still happens.

[20:49] You're staying in an illegal place, but you know, I didn't know that then actually I really didn't. I did not know. So last time we were all staying at the Omni and stuff, so. But the thing was you don't know when you go to another town, when you get on Airbnb and you see a property on there and you start renting, you have no idea if it's legal or not. So imagine getting to a place finding out it's illegal and they throw you and all your stuff out and all that money is gone. That happens. So you want to make sure that you are following the letter of the law. So investigate and don't trust real estate agents to know that some real estate agents are extremely good at it. So when I buy properties down in Florida, I'm specifically looking for different things and my agents all know exactly what I'm looking for and they will tell me there's been a couple of times where I've used the same agent to look for a property for my myself, my home for my kids and I, and they would say, I'm Michelle when you buy this, this does have short term rental restrictions on it.

[21:56] So when they show me the house there, they always tell me because they know that a lot of times if I'm leaving town and I'm gone for months at a time, I might have used my own residence as a short term rental. So they'll tell me, but not all of them. No. So I've gone into places and I'll say, so as short term rentals are legal here because you can tell a lot of times to buy the cars by the people by the place. Um, so sometimes you walk in and you go, definitely this is short term rental place. Look, there's a concierge, there's a desk that welcomes people, they get their key that, you know, it's, you can tell that it's a short term rental and then there's other places you walk in and it's very posh and, and very restricted and you're like, uh, I don't think short term rentals are here.

[22:47] And so you'll ask, you can ask the real estate agent and say our short term rentals. Okay, here. And they'll say, oh, I'm, I'm pretty sure. So you have to be the one who asks you say, you know what, I need a copy of the CC and rs, or I need a copy of whatever restrictions that they have. And you have to be the one who checks it out. You can go online a lot of times if they can't find it, if they're not moving fast enough, but you should never make an offer on a property that you are buying without knowing what all the restrictions are for living there. Okay? And obviously, I mean it's pretty obvious. So we're going to have a lot of links on this episode so that you can check out some of this stuff yourself. Now remember, when you are a short term rental owner, you need to be in the know.

[23:36] You need to know what's going on in all these different areas because right now you may only have one property, okay. Or you might have three properties or five or 10, but eventually you're going to begin building a portfolio that may expand outside of the area you live now. You might not, you might want to stay right where you are and that's okay too, but when your portfolio starts getting bigger, you might want to expand to places that you like to visit, right? So that you can go visit there and write it off once a year. So you know, I've remembered to not to do that with your, within your IRA, any place you're going to stay cannot be bought or purchased with your Ira. But definitely with your own capital or another company or within a trust or something. You can definitely do that. So let's say you want to go to Hawaii once a year, you might want a few properties in Hawaii and why do I say a few?

[24:37] Because I think it's always better to have at least three properties and any one area to make it worth your time and money because you're going to have to do a lot of work to find the cleaning companies, the maintenance guys and you want to make sure that it's worth their time working with you. So if you have just one property that's a lot of work for just one property, but if you have at least a little handful you can make some good money and you can, you know, like I said, you can expand on that area. So when we had rental properties and the ones that we had over by the university and the ones that we had in tempe and Mesa and stuff like that, they were all literally. You could draw a circle within probably a three or four mile radius of each other, probably even three.

[25:26] You could put all our properties in there. We stayed in one tight area. We knew the rents, we knew the type of people that we wanted to rent there. I mean, we really had it down and you can do that too, so just make sure though that you're doing your due diligence. First thing you're gonna do is you're going to go google that. You're going to go online and you're going to google the city. Then you're going to google the township or or whatever. You're going to google the state and you're going to find all the short term rent. You will find it. It will be on your state's commission. If you go on the Arizona State one, you'll see the whole thing about. I mean they really play it up because they really want people to know that yes, we love short term rental owners and we want to work with you, which is really, really great.

[26:16] You know, investing in any kind of real estate. A lot of that depends on. I would never own a property, for instance, in California, and we, we from Arizona, Robert Kiyosaki used to call it the People's Republic of California. The reason why is they have so many regulations and restrictions, and if you remember that movie I told you guys to rent, right? The, the, um, what was it? Pacific Heights. When you watched that movie, you saw that people are able to take advantage of the landlord. The landlord rights are not very big there. Here in Arizona, our rights are extremely. I mean if somebody is late, you can literally get them out of your property and about three to three to six days. As soon as somebody who's late with their rent, you go right down, file the paperwork and boom, three days later, if they're not done paying you and they haven't paid you, you get the sheriff, you get the thing and they're out.

[27:15] I mean, we have people we can get people evicted in less than a week here. It does not take long. So you don't have the same laws in other states. So you always want to take those things into account because there are people who will go and squat inside your property. So what? What happens if that happens with a short term rental? If you go on Airbnb, you can kind of take a look at those regulations, right? AIRBNB talks about, uh, people going in and squatting and they're just not leaving, so they refuse to exit at their checkout time. What do you do if somebody goes in, pays for a couple of days and then they're supposed to check out and they don't leave and they refuse to let you in or something. I mean, how are you going to get them out of your property? You've got to know what the rules and regulations are and every state, every city, all those things are different.

[28:13] So you want to know what your rights are and I never recommend buying or renting in a state where those laws lean more towards a renter than they do towards me because as a landlord, I've got to protect my property. I've got to make sure that I can get those people out of there and a reasonable amount of time so that I don't lose income, right? Because properties are my income. That's how we make money. You have to think about those things too and you have to be really smart about it, so if you go, if you're in a state like that, move, move, believe me, there's enough Californians out here now, you know, and we always tell them too because they love those regulations and they're always trying to put more regulations here. You're like, hey, if you'd like those regulations, go back to California because we're super happy here that we can take care of our properties and we don't lose the income.

[29:08] So I like how our state runs these businesses because they're all for the people, you know, they're all for the business minded people, but it, it does provide the services that the state needs. So it does provide the tourism, it does. You know, when you, when you are a landlord, you are providing housing. It makes us easy to do what the government wants us to do and that's why we have those loopholes and our taxes because we're doing what the government wants us to do. A lot of times that's where all the tax breaks are. It's just doing more of what the government wants you to do, build the business, provide a service, you know, then the government's going to make it easier on you because you're doing what they need you to do. So that's what a loophole is usually as just a tax break because you're doing what the government needs you to do.

[30:05] Providing jobs, providing service to people. Oh, and I almost forgot we've got our five part series coming up. This is going to be really fun. So the five part free series for those of you who don't have your first short term rental yet, that's going to begin on February 21st. And that's going to be the 21st, the 23rd, the 25th, the 27th and the 28th. So write those down on your calendar. Those are going to be live webinars. They're most likely going to be on zoom. We've been having a challenge with another Webinar company that we've used for years and we haven't been able to upload our powerpoints so that people could get that information. So we're, we're going over to zoom I guess. And um, when you go onto zoom, if you stay to the end, there's going to be a free gift on each and every one of those.

[30:59] But if you don't have your first short term rental yet, that's where you're going to want to be. And those are the dates for you. So anyways, that's, this week's episode is probably a little shorter than most because most of the time I can super duper elaborate on this. But the Hawaii thing, we're going to be watching that really closely and I wanted to just go more in depth on that for you so that you could see what I was talking about when it comes to, you know, finding out if something is legal or not. It's really important that you do that because you can lose everything. Guys, if you were in a state like California during that movie, I remember it was taking those guys weeks and weeks to get that guy out of his house. Imagine not being able to pay the mortgage. There's, there's states where people squat and you know, they can't get them out for the entire winter or something because of some kind of law that says, well, you can't make somebody homeless in the middle of winter so that person has to pay two mortgages because they're paying their own mortgage and they're paying the mortgage on a rental property that a squatter is living in so that they don't lose it.

[32:11] That's not fair. It's not right. And the government should always back the property owner. I think because I mean obviously if it, unless it's a situation like where it's one of those slum lords where they're not paying the water, they're not fixing something that they're not keeping it up to par then. Then obviously, I mean, if that would be all you would have to do as a tenant is prove, you know, just have pictures. Here's my roof is leaking, you know, whatever. Here's the water was turned off. Here's whatever is going on with the problems and the challenges. But as long as you are providing a service and you are doing your best to be the best business owner you can, those those tax advantages in those loopholes are there for you and for good reason. So be an estate buying estate, rent in the state and the cities that you can make money in and you can prosper in and that are going to protect you as a short term rental owner. Okay. Alright. Well that's it for today. Thanks so much. Hate and again you guys. If you liked this, please do us a favor. Subscribe, go to our website. We're going to have lots of downloads there. Are we already do. Go to short term rental or you can just go to str and you can find all these podcasts. They handouts for them. The show notes, a bunch of free stuff for you to do. Okay, so have a great day. Thank you for listening.

[33:44] God bless. Go and Grow.


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