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NicoleO1 (California)
Posts: 181
Posted:
Hello we found our HOA has lost it certification due to non renewal of our HOA.

I feel our new manager is using scare tactics with us telling us its really expensive and we shouldnt pay it. Our thoughts are we should be able to make that decision without the biased of our manager. however she is not helpful.

Biggest concern is cost, we are a 70 unit building. I can not find anything online regarding costs of this.

Input?
DouglasK1 (Florida)
Posts: 2,046
Posted:
This thread might have some useful info for you:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/197194/view/topic/Default.aspx

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
There is nothing preventing the Association from submitting paperwork on their own.
Perhaps you can volunteer to head up that project.

There are services that will do this for a fee.
KerryL1 (California)
Posts: 14,550
Posted:
We are paying $1,500 to FHA-recertify our 211 unit + 2 "commercial" lots (divided into several suites) condo towers. Certification only last two years an you have to start the whole process over again every time.

Do see the thread that Douglas suggests, which I started, and showed that our PM brought us three bids to get us certified: $2,000 from our HOA attorney; $1,500 with $1,000 refundable if we don't qualify; $500 for someone who's only been doing this kind of work for a year.

Our condo is very complicated with several budgets, etc. So perhaps a less complicated one would cost less-I don't know.

Also see Sylvia's post near the end of the long thread: "When do mortgage cos look at docs?" You'll see some criteria that will matter for you to qualify.

I'd get your board to vote to direct your PM to bring you three bids just as she would for any other expense you're considering.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Nicole

HAve you had potential buyers that could not buy as you are not FHA approved?
KerryL1 (California)
Posts: 14,550
Posted:
The way I understand it, JohnC, is that prospective buyers who want to use FHA will see on an MLS listing whiter or not the condo is certified. Nicole's board, then, will no know if such buyers have wanted to see her building, or not.

Another to seek FHA cert, which is the main one for us, is so that our owners who are 262 or older can get reverse mortgages if they wish.
NicoleO1 (California)
Posts: 181
Posted:
Yes, only those wtih conventional loana are approved
NicoleO1 (California)
Posts: 181
Posted:
Yes, only those wtih conventional loana are approved
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 08/01/2015 6:55 AM
The way I understand it, JohnC, is that prospective buyers who want to use FHA will see on an MLS listing whiter or not the condo is certified. Nicole's board, then, will no know if such buyers have wanted to see her building, or not.

Another to seek FHA cert, which is the main one for us, is so that our owners who are 262 or older can get reverse mortgages if they wish.

Kerry,

Have many of your tenants 262 or older? Get me the name of their doctor.
KerryL1 (California)
Posts: 14,550
Posted:
haha, Richard.

I do not understand your last comment, Nicole.
FredB4 (Ohio)
Posts: 375
Posted:
1. Check the FHA guidelines and requirements online to be sure your Association can meet the necessary qualifications. Since the 2008 financial crisis the FHA has made certification much stricter. This is why all condos lost any previous certification and needed to be recertified.

2. If you don't qualify can you make changes to qualify ? The biggest killer is a rental percentage rate more than 50% of your total number of units. Any unit not occupied by the owner of title is considered a rental unit. Under funded reserves is another.

3. If you decide to apply check around because the cost to do the certification can vary. The reason it is costly for the recertification is because everything (and I mean everything) needs to be checked and verified. They check to be sure all your governing documents are properly recorded, your rental percentage, your reserves and projected capital expenses, recent meeting minutes etc. etc.

4. You can do it yourself but it wouldn't be easy for the first one. Require that anyone who does the application provide you with copies of all communication, completed forms, documents etc. that they provide to the FHA. The certification needs to be done every two years but reapplying is much easier especially if you have a record of the first certification. A record would make it much easier to do it yourself.

5. Talk to realtors and bank loan officers about how important FHA certification is in your area and for your association. That will help you decide if it is worth the cost and bother. A huge percentage of condo mortgages are backed by the FHA. Many banks give loans for mortgages, bundle them and sell them off to a secondary market backed by the FHA. You may have a FHA backed mortgage and not even know it. The FHA of 2015 is not the FHA of 2008 so it is important not to make assumptions without investigating what FHA approval could mean for your association.

For us it was a smart move but there are a lot of variables. It certainly can't hurt - other than the expense.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By FredB4 on 08/02/2015 5:39 AM

5. Talk to realtors and bank loan officers about how important FHA certification is in your area and for your association. That will help you decide if it is worth the cost and bother. A huge percentage of condo mortgages are backed by the FHA. Many banks give loans for mortgages, bundle them and sell them off to a secondary market backed by the FHA. You may have a FHA backed mortgage and not even know it. The FHA of 2015 is not the FHA of 2008 so it is important not to make assumptions without investigating what FHA approval could mean for your association.

For us it was a smart move but there are a lot of variables. It certainly can't hurt - other than the expense.

If you had a FHA loan, you WOULD know it. FHA loans have mortgage industry attached to them.

Banks don't bundle loans anymore.

Associations are not or have been in the mortgage business. IF, you are in a 55+ age community and the idea of reserve mortgages is something a majority of the residents would take advantage of, get their permission. Otherwise, let the person(s) who would benefit pay for certification.
KerryL1 (California)
Posts: 14,550
Posted:
Fred makes sense, Nicole and we were fairly confident we could meet all of the criteria as we are in better shape than when we first were certified in '10 or '11.

We are thinking of charging those who want to use the FHA cert., if we get it. We aren't a 55+ building, but I'd say half of our 211 unit's owners are 62+.
KerryL1 (California)
Posts: 14,550
Posted:
Fred makes sense, Nicole and we were fairly confident we could meet all of the criteria as we are in better shape than when we first were certified in '10 or '11.

I believe FHA defines "underfunded" reserves as 10%.

We are thinking of charging those who want to use the FHA cert., if we get it. We aren't a 55+ building, but I'd say half of our 211 unit's owners are 62+.
KerryL1 (California)
Posts: 14,550
Posted:
Fred makes sense, Nicole and we were fairly confident we could meet all of the criteria as we are in better shape than when we first were certified in '10 or '11.

I believe FHA defines "underfunded" reserves as 10%.

We are thinking of charging those who want to use the FHA cert., if we get it. We aren't a 55+ building, but I'd say half of our 211 unit's owners are 62+.
FredB4 (Ohio)
Posts: 375
Posted:
I disagree with your statement that you would know if you had a FHA loan.

Things do change and if banks don't bundle and sell loans anymore it is because more recent bank regulations started making the banks responsible for the bad debts instead of the taxpayer. However, the current bunch in Washington are slowly trying to deregulate the banks again so you can expect the practice to start up again once taxpayers are back on the hook.

You are correct that associations are not in the mortgage business, but the ability to buy and sell is the life blood of any association so whatever they can do to make that easier benefits the association and property values. It used to be that a realtor could do the paper work for a FHA loan but that is no longer the case. The association needs to be properly certified if it wants FHA loans open to prospective buyers.

As I said, things do change (sometimes quickly) so it is important that anyone interested in the FHA do the research and talk to your local bank loan officer and realtors about the current situation and how it affects your particular situation.

FredB4 (Ohio)
Posts: 375
Posted:
We are FHA approved and not all realtors list the FHA certification on the MLS listing. I'm not sure some realtors even check to see if the association is certified until they have an offer where the potential buyer needs a FHA loan.

I hadn't heard about the reverse mortgage aspect but it can also be good if someone wants refinancing.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, Fred, in fact the most prestigious high rise in our 'hood sought FHA cert for exactly the reverse mortgage reason as they have a large % now of older owners and some want to "age in place" but with increased HOA dues and other expenses, they need extra income. A large majority of reverses mortgages are FHA backed.
PatJ2 (North Carolina)
Posts: 14
Posted:
You may find this helpful although not all of it may pertain to your community. I just posted this to our Condo community Yahoo group which is run by it's members:

Why should I take 3 minutes to read this?

- -This affects you and the value of your home or investment.
- --You may not need this information today, but in future, it will be helpful.
- - An informed owner is a community's largest asset.

Condominiums
Condominium communities face rigid standards when applying for FHA approval. They must be fiscally sound, be majority owner-occupied, have a low delinquency in dues payments, be well-maintained and have reserve funds for emergencies.

There has been some discussion here and outside the group about whose fault it is that CV2 is not FHA approved. There are fingers being pointed to many who were not responsible for “allowing” this to happen. Every owner needs to turn that finger around and point it at themselves.

Some FHA facts
:
- - FHA does not loan money. It is a federal program that guarantees the money the bank is loaning for the mortgage.
- - FHA has less stringent qualifications when applying for an FHA loan than a conventional loan has.
- - FHA loans traditionally carry lower interest rates and helpfully lower income to debt ratios allowing someone to qualify for an FHA loan.
- - FHA loans cannot be used to purchase investment property. The home must be owner occupied for a least one year.
- - Multiple FHA loans cannot be issued to the same person as they expect the property to remain owner occupied.
- - Prior to February 2010, a person could qualify for a “spot approval” within a community.
o The community would still have to meet the criteria of renter to owner ratios and delinquencies.
- -Beginning in February 2010, the entire community needs FHA approval to qualify. The application process is as follows:
o The community would have to meet the renter to owner ratio and delinquency ratio, along with other criteria.
o The community would have to apply for re-certification every 2 years.
o The cost of approval and re-certification is $850.00 paid by the community.

So, with that information, why should we be pointing our fingers to ourselves as owners?

Because of the 144 units in CV2, only a very small handful of people take an active interest by going to meetings, volunteering, and educating themselves to protect their own investment. You can’t blame the management company, they work under the direction of the Board and their duties are limited to maintaining the finances of the community. You can’t blame the Board whom you’ve never formally elected by not attending an Annual Meeting when elections were held. So the only one we can blame is ourselves by not exercising our duty and obligation to attend meetings and vote.

I was in attendance at my first annual meeting in 2004. The rental issue was brought up. In fact, the owner of 8 units was in agreement to change the By-laws to limit the number of rental units. Attendance at that meeting was probably 10.

It would be very difficult to change the rental ratio at this point in time, but if we improved the community and raised its value, it will encourage investors to update their units so they could charge higher rents and get better tenants and therefore, bring more value to the entire community.

Why am I posting this?

- - Because, unless the owners are more involved, CV2 will continue to decay because of lack of leadership and owner interest.
- - Because, I care. I, like many, have chosen CV2 to retire in. We live in one of the most expensive zip codes in Charlotte. We have SouthPark to the north and Ballantyne to the South. We are a working class, retirement, neighborhood with many nearby amenities very few areas of Charlotte can compete with.
- -Because, maybe, with owner support, we can turn this all around and all benefit from the changes.

RichardP13 (California)
Posts: 3,868
Posted:
As I previously posted, associations ARE NOT in the mortgage business. IF you happen to be in a 55+ community and the idea of reverse mortgage has wide appeal for your members, then majority consensus would do the trick.

Otherwise, if the lender or realer wants the community certified so THEY can process loans or sell property under the umbrella of FHA FHA guaranteed loans more power to them. If they can do it for $850.00, split the costs with both real estate agents and the lender or originator of the loan. If a buyer wants in bad enough they will find a way.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PatJ2 on 08/10/2015 1:08 PM

Why am I posting this?

- - Because, unless the owners are more involved, CV2 will continue to decay because of lack of leadership and owner interest.
- - Because, I care. I, like many, have chosen CV2 to retire in. We live in one of the most expensive zip codes in Charlotte. We have SouthPark to the north and Ballantyne to the South. We are a working class, retirement, neighborhood with many nearby amenities very few areas of Charlotte can compete with.
- -Because, maybe, with owner support, we can turn this all around and all benefit from the changes.


Good article Pat.

Are you on the Board or volunteered to serve on the Board?

I ask because that's the easiest way things can be changed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Never mind that last question. I see in another thread where you have served on the Board.
FredB4 (Ohio)
Posts: 375
Posted:
I agree - great article Pat.

Thanks for pointing out that the FHA doesn't make loans but backs the loans. I didn't really make that clear in my post.

I don't know about other states, but in Ohio the BOD can amend the Declaration & Bylaws to meet the 50% rental limit required by the FHA without owner approval.

House Bill 135: The Board may amend the Declaration without a vote of the owners in any manner necessary for the following purposes:

a. To meet the requirements of institutional mortgagees, FNMA, FHLMC, FHA or VA;

b. To meet the requirements of insurance underwriters;

Having your community FHA certified to increase sales and property values is not getting into the mortgage business. As Pat pointed out, since 2010 the community as a whole needs to be approved not just the individual applying for the loan.

Once again, it is a good idea to talk to several realtors and loan officers to learn more about how important the FHA certification might be for your particular community.

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