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5 years ago
With 3 out of 4 new homes built as a Common Interest Community "CIC" (i.e., Condominum Cooperative, townhouse and single family homeowners associations) and more than 1 and 6 existing homes already part of one that means over 80 Million Americans are in a CICs and we are going to blog about what is wrong and sometime right in them.
Community Associations (CA), Common Interest Communities (CIC) or Planned Unit Development (PUD) over the last thirty years has become a staple of new home development for many reasons. They may be in the form of a Condominium, Cooperative or Homeowner Associations but they all share in number of characteristic and 1 out of 6 US home fall within one.
Each one of these developments has document and disclosure requirements and they have a responsibility to the membership as a whole to operate the community for the good of all residents and to generally increase the combined property value
What is the affect of non- resident oriented contracts and what are the dangers that may come about because the communities were not making these decisions? It is reported by Community Association Institute, a national trade group of the planned community professionals, that 1 out of 6 homes in the US falls within such a place.
This same group projects that 50 percent of all new home developments are being built as planned communities.
Additional update: The HUD Mortgagee Letter 2009-46A,eliminates “Spot Loan” approvals for condominiums going into affect on February 1, 2010. For a more detailed explanation, read this. We believe that this, along with thenew condo “concentration” guidelines (see number ten) will mean that from this point forward, the HUD database will not be the most accurate to guarantee that a unit “is” or “is not” FHA approved. After concluding our research, we believe that, by far, the most comprehensive and up to date collection on whether a unit is approved by the FHA will be found atFHA Pros. Check back here for updates. We will be posting them as they become available. Click to go to site.
~why wait, why not have this as part of any plan that would require repair and maintenance of plant and equipment. Why did the regulators hide this from consumers -- this is a whole blog itself.I'll go out on a limb and say most don't know that every condo that is backed by FHA loans are required to established a reserve fund. Thats right and if you didn't get a reserve plan at closing that is a pretty good sign that your condo doesn't have one.
To be in compliance with this a base funding is set at 10% of your budget to be placed in a reserve account.So what will happen if your Condo did not set up the fund and didn't get it to the 10% level. Anyone that seeks to refinance or sell a property in said Condo --the loan will be rejected. Yep, no FHA loans for anyone in your Condo.
For existing associations with pre-owned condominiums, HUD underwriters require a current reserve study containing a funding projection which clearly indicates the percent funded level is 60% **or more at the time of approval. Once a particular association is approved for FHA lending guarantees there is no requirement that they re-qualify at a future date. However, that does not mean once you are approved by HUD you can forget about your reserve funding program. Even after an association has received HUD approval for FHA loans subsequent loan applications must include an updated reserve study as part of the document package submitted to underwriters. If the underwriters see evidence the reserves are not being funded as planned, or the percent funding amount has fallen to unacceptable levels, it could trigger the need for a new reserve study.
Not only must the reserve study provide a funding plan which indicates the reserves are 60% funded at the time approval is granted, but the association’s reserve account must be current in terms of the contributions which are required to maintain the funding levels indicated in the reserve study. Reserve contributions which are scheduled in the reserve study must be made on a monthly basis.
New condominium developments are treated somewhat differently than existing and converted condominium associations. New developments are said to be those which are newly constructed and are being sold by the developer to the first owner who will ever occupy the dwelling.
New developments are not required to maintain a specific percent funded level in their reserve account. What is required in order to gain approval for FHA loan guarantees is a current approved operating budget which includes a provision for a reserve transfer. The transfer must be adequate relative to the size of the association, its reserve funding obligations, etc.
While this may seem somewhat ambiguous what is important to understand is that the underwriters are looking at the budget and the reserve funding obligations of the association to develop a sense of whether there is a prudent plan for long range replacement funding in place.