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Showing posts with label Condo. Show all posts
Showing posts with label Condo. Show all posts

Tuesday, July 16, 2013

Prince George's County, Md. Water Emergency Alert for CIC's

If you have not already heard Prince George County Maryland is facing a water emergency.



PRINCE GEORGE'S COUNTY, Md. (WUSA9) -- We have learned mandatory water restrictions will begin at 9 p.m. Tuesday in Prince George's County areas affected by a failing water main.
Officials say a significant portion of Prince George's County will be left without water for several days. The issue is due to a 54 inch water main that is beginning to fail and must be replaced.
 Issues of concern will be updated here as this develops.

  1. Fire, there are loads of issues on this alone and should be number one concern see below.
  2. Cooling stations where are they and how can CIC establish them.
  3. Cooking how to without water and eventual food distribution
  4. Emergency Preparedness what are other issues especially with elder or disabled residents
  5. Businesses what is the impact, does lack of water stop CIC’s contractors from working
  6. What is the role and responsibility of Community Managers and Insurance companies. co


    1. Fire.  Hot water heaters - LIMIT USE OF THIS WATER AS DAMAGE TO THE HEATER AND POTENTIAL FIRE HAZARD EXIST. Gas or Charcoal Grills outside should not be used at all. Residents and Community Manager need to discuss a Fire Safety Plan and how to manage communications.


    This is a developing story please check back for updates as they are come in. 



Thursday, October 18, 2012

Attn Condo & HOA's managed by Columbia property manager Legacy Investment closes its doors

Something we started hearing about Monday night is now making it's way into the media and we believe there's a huge pile of rot that will be uncovered once investigators are able to dig into this situation.

According to Legacy’s website, which has been removed, the company launched in 2006 and managed more than 100 homeowner associations, 100 housing units and vacation properties. Baltimore Biz Journel 

This number 100 homeowner associations is the one that caught our eye.  If you think about the size and scope of this disaster with just the bank accounts alone the State of Maryland, these Common Interest Communities CIC, their members, banks and insurance companies are going to need a lot of help to sort this whole thing out.

The 1st thing we can say to CIC involved is to contact your Insurance underwriter.  As well we recommend that you contact the State of Maryland, (coming soon)

Please check back to see updates on this developing situation.


Tuesday, September 27, 2011

Maryland Appellate Court Rules That Individual Unit Owners Have a Right of Action Against the Council of Unit Owners For Failing To File a Timely Suit Against the Developer For Defects In The Common Elements

Hillel Greenstein et al. vs. Council of Unit Owners of AvalonCourt Six Condominium, Inc. has been decided and the six clients seemly have won a decision to hold a board members personally liable for the specials assessments that his six clients don't want to share. This ruling is a major set back in many ways to Common Interest Communities "CIC" The attorney, Raymond D. Burke, is on record saying that he has in his own words.  
"often warned condominium councils about the consequences of failing to take timely legal action to protect the unit owners when there is evidence of construction defects in the common elements."
Well! I have been involved with CIC since 1988 and I don't recall once seeing Attorney Burke talking about that happens to communities that are given no help from the state, county or city government in their efforts to get developers to live up to their contracts, obligation and I would say moral responsibilities; however, I know the crowd where talking about about; so I'll save the lecture.

In this case a Condominium board is being help responsible to the do what inspectors, permitting offices and the government on all levels has been backing out of ~ Ensuring that the community is livable.

The vener that this subject is being plastered over with is nothing but that -vener and these board members are now being held to account. 

These communities often find themselves fighting with the developers by the time the 1st resident moves in and the developer is still in control of the meetings, voting and money. And, all to often these developers leave the community with no money, a completely unworkable budget and often don't hold a transition meeting to let the community know what is even happening. And this group of homeowners have to be do what......run a community as a professional board right out of the gate. 
Meanwhile Maryland politicians are right there with the developers sucking up all those contributions and screwing the people out of any representations.
If you have tried to get a meeting with any Maryland offices about the issues facing these boards you know that Maryland officials want nothing to do with CIC's We have tried to get several meeting with Albert Wynn's office for some communities in Prince Georges, MD and the staffer refused to set one up and said that each owner had to come in on their own. This is not an isolated issues with him as not one Maryland state of federal public servent has done ONE THING for CICs.

The really sorry part about this is that many CIC are handicapped because Maryland refuses to enforce it's Condo ACT and to the extent that it has a HOA act it is pretty much a hollow shell of protecting, considering there is no financial disclosure in HOA in Maryland.

Where is this attorney on the face that banks, Fannie, Freddy, FHA, HUD and the VA aren't paying assessments, making reserve funds contributions and forget about special assessments. In our office we get calls every week by someone that just moved into a CIC in Maryland and they have no documents, financial statement or even clue as to who's even on their association board.

Now the really stupid part about this is that these six owners have sued themselves and they will have to share in the cost of this as there is no president what so ever that says that they are excluded from any special assessment or legal action that impacts the whole community. I'll guess they don't realizes that the insurance company that was covering the community will more then likely be dropping their community from coverage when reconstruction is happening in a condominium.

So who is going to cover this community that this Attorney and his clients are now forcing something


So, Great news all around another attorney got paid and the community gets the bill.

Maryland Appellate Court Rules That Individual Unit Owners Have a Right of Action Against the Council of Unit Owners For Failing To File a Timely Suit Against the Developer For Defects In The Common Elements

Tuesday, April 5, 2011

Beware of the Ides of March in CIC land.

So if you think about the state of the condominium market right now with both FHA & Fannie Mae basically not able to back loans in what 100 thousand 1 million condo's single family & townhouse associations. Who knows.  Really?

As with every other case follow the money.  Think! If many urban communities which are largely made up of Condo & Townhouses since the 80s. They are no longer back-able by the annies, thus these  entities no longer have assests to calm as counter to their notes.   The whole market implodes 

Which is what is happening now.

Who is the villains!  You say a villain......Let's just make up a movie plot and you tell me who is whom?

Cut to.  villains And, I do mean the worst kind as they are assembling huge piles of money ( backscene~ these piles are the loans they crammed into the system and resold in a ponzie scheme ) Now they are  ready to descend like the plage upon cities and devour every single condo, townhouse and some partials completed HOA's that unit they can get their hands on
They are basically not re-sellable because the government refused to take steps to stop this train wreak years ago....well you draw your own conclusion.
As to why would villains (errr...investors) would want to buy up a million units at a time...........

VO because the 40 percent of owners that have been paying the bills are about to become totally beholden to the investor owners since their own units are not re-sellable using conventional or any other loan other then cash.  And, who is going to step up and buy those units?  

PLOT TWIST some of villains  are currently advising the government on it's response to the current housing issues.  Did any .GOV or Agency do one thing in regards to state of communities?

CIC's  have been set up like bowling pins to be knocked down and redeveloped any way these Villains see fit.  They will have a captive renter community and who knows after they are done 10 percent of the old owners may even qualify to buy a new home- It's the same as the old home.  

Crux of the PLOT Only now new/oldhome just it generated a new series of transactions and these folks that run things including Congress it seems care more about that then they do your community.

Or the Congress and your Government starts to care about the 100 million U.S. citizens that live in these communities.  The odds are that many of them do and they are going to stop this or be hoisted by the investors/villains.

2012 Elections need to be about the State of Communities and Communities 

Tuesday, November 9, 2010

FHA Condo Reserve requirement kicking Condos in the gut

The condominium/homeowners association must have at least 10% of its budgeted income designated in a capital reserve fund for replacement reserves and adequate funds budgeted for the insurance deductible.

FHA reserve requirements as per FHA Mortgagee Letter 2009-46B This law was put in place over a year ago and it was delayed so that some kind of education and outreach from the agency that is required to fulfill this function. As well this would with a massive pr blitz community the need to condo come into compliance with something that was never asked of them before.
 ~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.

Of course there is no official plan in plan by anyone anywhere to deal with this and the FANNIE Recertification requirement that comes up end of DEC as well.

Again, from Washington nothing.

We do have a plan and we'll need to get the help of everyone or we are going to wreak the entire US Economy.

Think CONDOICEBURG.


Here is some more


"Reserve Study – a current reserve study must be performed to assure that adequate funds are available for the funding of capital expenditures and maintenance. A current reserve study must be no more than 12 months old – if recent events or market conditions have affected the finished condition of the property that information must be included. When reviewing the reserve study, consideration must be given to items that have been replaced after the time that the reserve study was completed."
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.

http://www.paccrestreserves.com/FHA-HUD-condominium-Reserves.htm

Monday, October 18, 2010

What percentage of Condos need to fail Fannie Recertification before it fails?

If you think about the very premise that Fannie Mae requires that loans in common interest communities (especially condominiums) be backed up with various data points ( ie the parts of the recertification process) and that this recertification process will revel that at least ____% of them will fail.

What is that % number (20 -60) when reached shows that loans that Fannie Mae itself owns  are not eligible for Fannie Mae underwriting.    Do you get what we are saying.   The biggest mortgage note holder notes are not going to be going forward backed by them they have worthless paper in their own underwriting process.

How can they resell these units or anyone else for that matter?

Friday, October 15, 2010

Why has the main stream media done everything possible to not cover this?

So I have been talking about Condo & Hoa issues since the first time I heard about one.

It was surprising to me as someone that worked in both Community Associations,( CPWI CEO 5yrs BOD 22) and politics my first campaign job was to make signs for a judges race when I was in 10th grade (1980) the fact that the needs of Tens of Millions of American  homeowners are being harmed by the elected officials on the local state and federal level, now world wide since most new communities build world wide are Common Interest Communities should be one of these stories that a reporter dreams of covering.

Now the shock is that during this time I have not been able to get any reporter other then two local reporters or any media outlet.  My wife worked in NPR for years and NOT ONE reporter has ever returned a phone call.
We did have for a short time have one producer from 60 Minutes, he died, and so has this story plus the Condos, Coops, and Hoa that are now 80 percent of all homes built

Yet we still have no one coving this story.

Thursday, October 14, 2010

Maryland's Governor candiates are ducking CIC issues.

Today on Twitter there was a debate between the Governor Omalley and Former Governor Bob Ehrlch about their vision for Maryland.  During this debate the candidates were also on twitter and were following the #mddebate for twitter folk.

We decided to chim in and see if the respective leaders where aware or even cared about the issues facing Maryland Common Interest Communities. So we asked the some direct questions and some general ones. So far neither of them have bothered to do more then claim some piric victory in a debate that didn't even touch on the fact that 3/4 of Maryland's homes are in jeopardy of going broke and bankrupt.
We have to ask--Who will emerge from Maryland leaders, either party, to start to take on a task that most of them been ducking or denying for years
Let's take foreclosure.........Sure the easy thing to do is say stop them, if you don't know that most of those are in Condo's Single Family & Townhouse Associations.  Now how are you going to help them keeps the lights on or the gas going when their master utility bills cannot be paid because past due assessments are at the all time high, let alone any other bills or budgeted obligations. 

BTW Fannie/Feddy/Hud/Va and your underwriters. If you own guideline say that no more then 10 percent of owners can be past due in assessments and we know that many communities are 30-50 percent of owners not paying INCLUDING YA"LL how can you then allow the resale of these property when your the owners of them.

 Is that even legal, let alone moral.  We know the answer do they.   BTW If your a resident of a common interest community and one of these campaigns calls, knocks or tweets to you ~ask them what's their plan for your community. 

Here is  r time line for this debate......

Inter Comm Assoc ICA
@
@ We asked you what your plan is for the millions of owners in regarding assessments/forclosures. U do know about ?
»
Inter Comm Assoc ICA
have not 4 some reason? been given relief under the they often cannot afford 2 rebuild roads, centers, roofs
»
Inter Comm Assoc ICA
BTW most are denied funding under the emergency relief act. A road lost in storm if owned by CIC not covered
»
Inter Comm Assoc ICA
owners lose because no one cares? knows? Golly how did 3/4 of homes since 80s become a Where's a plan 4 them
»
Inter Comm Assoc ICA
Millions of homes are in that r going broke cuz dont pay dues + no help
»
Inter Comm Assoc ICA
Now even knows that there are BIG problems in ... From 2002 FEDs NOPAY
»
Inter Comm Assoc ICA
What you are not being told about the housing problem Sept 5 2007
»
Inter Comm Assoc ICA
@ is suing for failure to meet CleanWatAct ie Stormwater ponds test/clean numbers = cant find them cuz -charter
»
Inter Comm Assoc ICA
after 6 years expunges list of forfeited charters, now does not have list of all the that existed = lost taxes
»
Inter Comm Assoc ICA
when a cannot get & a budget starts. Soon they cant pay MDProperty Tax, lose charter, MD loses taxes +
»
Inter Comm Assoc ICA
many of those illegals owned homes in So 1st time ya'll yell ((((ICE))) ? % of stoped getting
»
Inter Comm Assoc ICA
if some1 is running for office and they dont have a plan for the 3/4 of homes then tell them to get one.










Saturday, October 9, 2010

Maryland's Elected officals bend over backwards to kill your condo or hoa.

ANNAPOLIS, Md. (AP) - Maryland's governor and congressional delegation are asking the state's chief judge to halt all foreclosures in the state for at least 60 days.
In a letter to Chief Judge Robert Bell on Saturday, Gov. Martin O'Malley and all 10 members of Maryland's congressional delegation say immediate action is necessary to avoid miscarriages of justice.  Reported on WTOP

So Governor O'malley it appears that you are aware of the fact that 3 out of 4 of these homes are in a Common Interest Community and if you stop the process of foreclosure and dont help the community then there will be nothing left for the owner to be assoicated with since these homes are bound by convents and bylaws that say they are part and parcel of an over all community.

If your one of these communities I would be scared to death right now because this very same government is going to be after their property taxes and since so many of your neighbors went into default on their mortgage your budget has been balanced since the save button was hit drafing it and your community doesn't have these funds.
Let alone the master utilities, for street lights common area lighting, gas, water, security, repairs maintenance and these politicians have the nerve to cry over some auto signed documents.  Either, the Maryland elected officials hate your condo's coop's and homeowner association or they are clueless as to the effect decision like this one have on these communities. It's only 3 out of 4 homes in Maryland.
Considering that our Chairman Nelson Jacobsen called in and ask one



Maryland Condominiums, Cooperatives and Homeowner/Townhouse Associations are not just worried about the foreclosure. The process he talks about does nothing to help the Communities in fact it delays the amount of time and cost to the community.

What is the hardship on the HOA's How are you going to make these communities whole if you dont address the problem.

WHAT THE PROBLEM Well if they aint paying their mortgage then they're not paying these assessmens, reserve contributions and specail assessment for the homeowners they took the property from in the first place.

It gets better........Maryland HOA's there is a totallack of Financial Disclosure under the MD HOA ACT. When these banks do sell these homes which they are not paying assessment on they are not telling the new owners that the HOA is broke because deadbeats like the banks and FANNIE, FREDDY and HUD. Heck they dont have to even give the budget.

Now if that were't enough some of the biggest dead Beads see BOA-BLOG - FANNIE FREDDY & HUD aren't even giving them the required Documents -Article of Inc,
BTW Many of these CIC are not incorporated because they dont have the money to pay the MD filings.

Declarations, by-laws and any amendments. These are required under the Maryland HOA ACT Disclosure requirments and most of these banks, fannie/freddy and HUD are guilty of wholesale dereliction of responsibility or they are once again -- clueless.

Now considering that so many of Maryland homes are in CIC it find it very hard to believe that didn't notice them popping up in all over the place Considering that any development over 3 unit in Maryland has to form a water association.

So we are going to follow up with Craig Rice in Maryland and introduce him to a number of HOA owners and board directors and see if he's with CIC or against them.

Just stopping foreclosures will do one thing KILL CONDOS & HOAS IN Maryland

Friday, October 8, 2010

BOA just stuck a knife in every Condo HOA in America

As we expected when we reported that the Delaware AG got into the foreclosure fray (Delaware not being a judicial state), it was only a matter of time before foreclosures would be halted in all 50 states. Sure enough, Diana Olick has just reported that BofA has just expanded its foreclosure halt from the 23 judicial states, to all 50 states. And so, the pendulum swings from populist anger to adulation. The only question is when will Tarp 2 be enacted now that banks are facing tens of billions in losses. Full article

According to ZeroHedge  Bank of America just announced that any home that they have a mortgage in that falls inside a Common Interest Community, that said CIC, will not be getting any relief on unpaid assessments.

Clearly this is a move by Band of American to stab CIC's in the financial heart.   If there are no foreclosures then there is very little hope what so ever that past due let alone ongoing assessments to be paid.

In the same article they talk about Tarp 2 for banks.  Mean while the CIC's are still asking where is Community Reinvestment 1.

BTW Elected leaders there are 100 Million US citizen in CIC and we are going to help them paint a target on every one of you that does not stand up and deal with the development laws and situations that Congress and the FEDs have brought about by deliberate design.  

To CIC this is a fatal design and unless your a banker there is no way to justify that we continue to turn a blind eye to over 1 Million communities and to any community that has funds in a Band of American  branch you better pull your money out and put it in a community bank because dealing with BOA will bankrupt your community.  

BTW if you didn't notice they owe a load of back assessments, reserve fund contributions and ongoing assessments and special assessments -- because deadbeats like them don't pay the assessments.  Then Congress/FEDs their pets are letting them off the hook PLUS giving them billions and at the same time raising underwriting requirements that now make it harder for us suckers, err ......community association members,  to sell our homes let lone keeping the whole community from losing utilities, services and general ability to survive.

If there was an actually analysis of how CIC are going to survive this toxic GOV/BANKSTERS could any one with a straight face or without a guilty conscience say that CIC have the ability to survive.

So your elected leaders really hate CIC's dont they.

If you have been reading the news or even talking to your neighbor or just have a pulse it's pretty clear we have an 8 mile train wreak unfolding in housing.    Now the thing about such big wreaks is that they take a while to figure out in scope and intensity. Some things that seem to be little along the way are often missed and to those impacted by the wreak  do need the same help as anyone else involved.  Who those that elected leaders are paying no heed to what so ever. Condominums, Cooperatives Townhouse/Singlefamily Homeowners Associations which represent 80% of all new development.

So you would figure that National, State and local leaders would want to help the residents that live in CIC's, however that is not the case at all.
 Right now there are 100 MILLION living in Common Interest Communities and your elected leaders are doing NOTHING to help us. offical 
In fact the Federal agencies: Fannie Mae, Freddy Mac, HUD,  are actually not just ignoring your community~ they are undermining it.    How you ask.  When these agencies take over a condo, coop, hoa unit they like all owners are required to notify the BOD and Management co that they are the newnowners and they are to start paying Assessments* ((((((((Wait)))))))) to you see what they really are doing. They are required, more often then not, to clear up past due assessment and reserve contributions.  Are they?
Across the board the Federal government when in ownership of a foreclosed unit is not paying their bills -they are dead beat owners and go out of their way to help banks not pay a dime.  
 Some of their contractors are telling communities that while owned by the FED they don't have to pay.   While years ago one US Senator started to peek into this pretty and I guess stopped. It seems that every sitting US Senator & Congressperson cares about banks more then they care about communities.  WOW cares about banks, Really....Yes really

"Major lenders have halted foreclosure proceedings in 23 states after revelations that in many cases, paperwork was signed by people who didn't so much as read what they were signing, much less do the research to verify that all the details were accurate."  chicagotribune.com

What does it mean in a CIC when foreclosure are stopped.  It means the dead beat owners (SEE BANKS AND FEDs) don't have to take possession of the unit and they surely don't have to pay the assessments. There is now reader of this blog living in a CIC that doesn't know what happens when people don't pay assessments.  The budget goes in the hole and then what.

The State that U.S. Rep. Elijah E. Cummings represents-  Maryland has almost 3 out of 4 homes in a common Interest Community.  Which seems to me to be just another  nail in the financial coffin for them.  The coffin was outline by these same "leaders" when they made sure that no financial disclosure is required for Single Family/Townhouse Homeowner Association home sells in Maryland.  
So you could be moving into a MD community right now that is completely bankrupt and there is no law to give you the budget, or even tell you the community is  away with reselling to the public these unit they own.
So, right now in community after community the budgets are negative, bills go unpaid, services are lost. That right the master utilities are being cut off because the communities don't have the money to pay the bills and the elected leaders in Washington have not done 1 thing to help.

Actually they're doing everything to hurt.    Again, They (Fannie Freddy HUD) don't pay bills and they stop communities colds (like this legislation) in getting paid and that is before the Courts weight in which is a whole-nother-blog post.

I have to ask?   How many communities does Congress get to kill before we wake up and smell the burning flames from the carnage that Congress and the Federal Government have directly inflicted and continue to ensure that BANKS congresses best friend can just ignore law after law with regards to document and financial disclosure and the simple act of paying your bill.

To the communities in U.S. Rep. Elijah E. Cummings district when are you going to demand that he do something to benefit the greater public good.   If we're to apply the Marginal Utility of Public Good "MUPG" to this the curve wouldn't even bend up it's all down and so are your elected leaders on CIC's.

PS We do want to note that we just say that Obama did veto the foreclosure bill, however we are along way from even seeing the light on this issue as not one major news outlets has covered any of this story.

Friday, September 3, 2010

Did you know your Condo Coop & HOA has to issue 1099s

That right under the recently passed HealthCare act they snuch in a little tiny provision what states in plan languge that every transaction over 600 dollars has to have 1099's at the end of the year.  So when your Common Interest Community "CIC" (Condo, Coop, Single/Townhome Assoc.)

So every vendor that comes into your CIC that receives  $600 or more for services rendered the CIC will give them a 1099.  And, for every time you get a check for 600 or more then you have to remit a 1099 to other party.  So guess what tax time is going to be like.  

It is not clear from the language if this would apply to fines. 


So Condominims, Cooperatives, Single Family & Townhouse Associations need to attend the International Community Associations Webinar on the ramifications of this legislations and what CIC's can do to make sure if they have to repel it and send a message to every member of congress that they need to take into consideration the State of Communities.

Webinar TBA 

Sunday, January 24, 2010

MD Court of Appeals limits CIC's ability to use court to collect delinquent fees.


Ask Nancy

IN what is a pretty shocking decision for the State of Communities.  The Maryland Ct of appeals has recently ruled that private communities aka condos coops hoas cannot come to the court with leins on properties for small amounts of money.  What the courts decision leave unsettled is who's responsibility is it to establish communities that need the fee to meet agreed to budgets as state in every Resale package other then places like DC that don't require a package because they have not for some reason enacted the Uniform homeowner association provisions which mirror the Condominium Act ones they seems to think are important.   #just saying. 

We are going to be posting a link to more in-depth coverage of this from minds over at AskNancy.Info. 


 

Tuesday, October 20, 2009

Why no one claims an empty home.

Bank-Owned Homes Surge, Communities Stung « The Washington Independent

The growing number of bank-owned properties in foreclosure scarring neighborhoods across the country.

The volume of bank-owned foreclosed homes — known as REOs, or real-estate owned properties — is growing at an alarming rate, compounding the foreclosure crisis by sticking hard-hit neighborhoods with vacant and often trashed homes that drive down property values even more. REOs are foreclosed homes that lenders take back after they don’t sell at foreclosure auctions or sheriff’s sales. They keep the homes in inventory until they can be sold again.

The bottom line is that many of these homes( as many as 3 out of 5) are in condos, town home or single family homeowner associations. And, the banks or FANNIE don't want to be on the hook for the assessments.

So they just let the homes sit idol. To them nothing is happening. To the community the rest of the owners are dealing with not only the blight of them, they are dealing with the budget shortfall that empty homes cause and there is absolutely no help coming out of Washington DC.

If the number of home in the US that are in common interest communities is any where near the number trade groups like CAI post ( http://www.caionline.org/about/press/Pages/IndustryLeadersFormCAIChapterinNewMexico.aspx ) then this housing debacle is far from over and your government is trying it's best to cover it up.


, , , , , ,

Fannie Mae and Assessments.

It appears that my years of asking that our Government take notice of the rise in delinquent Assessments and the effect this has on communities has not only fell upon cold marble Fannie has gone and done the exact opposite.

Delinquent HOA Dues for Units in Attached Condominium Projects
Announcement 07-18 states that when using CPM Expedited Review and Lender Full
Review for an established project consisting of attached units, no more than 15 percent of
the condominium/association fee payments can be more than one month delinquent.
Fannie Mae is updating its delinquent HOA dues policy for the CPM Expedited Review
and Lender Full Review processes to require that no more than 15 percent of the total
units in a project can be 30 days or more past due on the payment of their
condominium/association fee payments. This new policy applies to the review of both
new and established attached condominium projects.


https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2008/0834.pdf

So in simple terms a condo/coop/hoa budget is suppose to equal zero at the end of each calendar year. The budget is made up of line items that are explained in your documents and have a reason for being there. So when up 15 percent of the unit owners are not paying them what does this mean. It means either the services which are mandated by the documents are not preformed (trash pickup, recycling snow removal, common area maintenance, management fees, security street lights) and the community is in breach of it's own operating guidelines or a special assessment has been passed, which truth be told is considered personal debt, to make up for the budget short fall.


So what to guess has not been paying those assessment then look no further then FANNIE, FREDDY, HUD & VA. They have more of the properties then anyone and while they have been in possession of them the lack of good faith effort to pay the back assessment should be considered criminal.


Think about it someone was not paying the mortgage do anyone really think they were paying the community fees.


Why criminal! Because FANNIE requires a 921 Project questionnaire on every loan that it fund in a planned community and prior to this announcement the previous amount of delinquent assessments was no more then 10 percent.

Since they are the owners of so many homes this was starting to be a real problem. Thus the need for them to help the government was clearly greater then the need to help the community actually get the funds they need to fund the budget. How many homes did Fannie sell prior to this new percentage failed to even meet their own requirement? Is Fannie even filling out the 921 when they sell foreclosed properties.

The effect of all this is that anyone that happens to be buying into a community that has 15 percent deficit in income is walking into a huge problem and the government is doing nothing to help and in fact they are the problem.

btw the average community is more like 20 percent late if not higher.

Wednesday, April 22, 2009

What are the Feds gona do?

I just called the main number for FHA and said that I have seen some trends that involve condo's and home owners across America as cited all over this blog. So I left a number and this blog address; So we'll see if anyone actually cares in Washington and I'll post the response here.

So far communities are not getting one ounce of love.

Monday, July 16, 2007

Bail-Out Deadlines and what they forgot to print in the Post.

Bail-Out Deadlines by E-Mail - washingtonpost.com
Bail-Out Deadlines by E-Mail

By Elizabeth Razzi
Sunday, July 15, 2007; Page F05

Buying a condominium? A house in a neighborhood run by a homeowners association? You had better stay on top of your e-mail.

A very large and extremely important document could be coming your way. Its arrival starts the clock ticking on a short period during which you can cancel the deal, should you desire to back out of your purchase contract.
New laws that took effect in Virginia on July 1 change the process for distributing the extensive disclosure packages that must be given to anyone buying a home that is part of a condo or homeowners association. While the law directly affects Virginians, buyers in the District and Maryland, where the disclosure requirements are not as detailed as they are in the Old Dominion, may find the effects spilling over as management companies that do business in all three jurisdictions adopt new practices.


If your in the District of Columbia and you happen to live in a Townhouse or Singe Family Homeowner Association you can stop reading this article here.

Why?

Because the leaders of the District have failed for years now at mine and others prodding to establish an HOA Act which is what is the triggering mechanism in this need to disclose. As the District does not have such an Act there is no specific law as is the case in MD or VA to disclose anything about rules and regulations.

Whats more in Maryland the HOA Act does not require that financial information about the community be provided to the buyer. So the budget, pending litigations or special assessments are made available to the new homeowners after they move in. Seem pretty fair to me and you too I bet. Having heard one of the principle in this ruse brag about how they fought to keep this from becoming part of the law. I have to wonder of the community and homeowners share this excitement with them. What I was told is that it would be too hard to provide this information at closing time.

So is there any wonder in what area of the housing market the last foot will fall. If you have been reading this blog you know that I know that HOA and Condo fees are not being paid and thus these communities are running negative budgets. But since the District and Maryland don't disclose this information before settlement those perspective homeowners that are buying may not and have no idea what the status of the communities financial health is or will be in the future until rules, regulations and financial information are fully disclosed.



So I have an idea for Elizabeth why not do a story on why the District has failed to enact such a law or why Maryland does not require the Financial s to be included.

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Monday, April 16, 2007

State of Communities

Elected officials on every level have not began to deal with this impact this type of development bring on to the residents. As well existing federal laws are putting CIC into potential insolvency; Let alone, the double taxation that residents of CIC face today.


Many of the issues that CIC encounter are covered here, but until our elected officials understand and take CIC's in to account when they make policy decisions these problems will only grow.


If the economy of the US is largely based on home ownership, we have the potential for some huge problems in our homes and financial markets because there is a clear lack of planning and educational opportunities for the owners of homes in CICs.


This blog is going to blog the CIC wide open and force everyone to deal with this issue which are many and effect so many people already and just about ever new home buyer.


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The Big Picture in CIC land.

The Big Picture in CIC land.

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. CIC may be in the form of a Condominium, Cooperative or Homeowner Associations but they all share in number of characteristic.

Insurance Underwriters are dropping policy holders and coverage in entire states for economic reason, and to the policy holder the GLUE reports help to track claims and facilitate eliminating long term liabilities. In the CIC arena this could be multiplied when Insurance companies drop unit owners policy's because of their CIC's issues. Where's a condo going to get insurance when no underwriting will back a policy?

How are owners going to sell if their association is not compliant with underwriting guidelines? New Insurance Issues

Fannie Mae is now longer underwriting loans on properties in CIC's that have more that 10 percent of assessments outstanding. In reality it is the opposite about only 20 percent have that scenario. If a property loan cannot go Fannie it goes HUD.

States and Courts are limiting the ability of CIC to collect these assessments dooming the whole community without help in collecting these monies.

The reserve funds of these associations are very under funded and will result in the government having to back a community with a loans or grants to cover legislation that communities must comply with by law. The Association of Professional Reserve Analysts is telling us that about 80 percent or more are under funded.

What will underwriter or insurance companies do when they look at these numbers?

The Government:

On the local level these private communities are viewed as a way to have new homes with out the local jurisdiction having to manage roads,street lights recycling and trash services. In fact residents of these communities all pay local taxes to have many for these service that are provided to the non association housing.

This is an effect a double tax! Why should residents of these communities pay the tax and have to pay for private trash collection.

On the State level there exist the greatest impact on CICs. State require CIC to be incorporated in the state they reside and enjoy the state taxes that these residents pay, yet the state seem to be working against CIC by not providing them remedies to compel unit owners that are delinquent in assessments to pay up.

A community goes over 10 percent in pass due assessments Fannie Mae, Freddy Mac, and HUD will not underwrite a loan in that community.

On the federal Agency level, the lack of understanding of these communities particularly the lack of oversight by HUD of their subcontractors to their responsibilities to pay assessments of HUD owned properties and failing to provide community documents does more to undermine these communities then nearly all the other problems that are coved on this site.

There is a requirement by HUD for communities to maintain assessment collection and reserve accounts that their closing agents refuse to pay.

Congress, both parties and sides, have exhibited no real understanding of how communities are formed and that so many, 50 Million, american are in one of these developments. Here are a couple of example of how they are actually hurting or denying communities needed help.

1. The Clean Water Act requires communities at their expense to test and clean storm water ponds --99 percent are in a CIC. A new community of first time home buyers could be saddle with 10-100's of thousand of dollars in cost for a pond that they just took over and did not build. Large established CIC could face bankruptcy trying to clean up their ponds.

2. FEMA will not reimburse a CIC for roads and common elements repair and replacement caused by natural and other disaster. The reasoning is that they are private, The 3 out 4 new homeowners and federal tax payers should be interest to lean of this imbalance.

The former chairman of Fannie Mae when told about many of these issues, declared that Fannie Mae had no interest in how these communities are run. With 3 out 4 new homes in one, how can they not have a concern*?