The FHA Acts for Condo Regulation
Wednesday, June 2nd, 2010Effective February 1 2010,the FHA will implement its new condominium qualifying requirements for condominium associations. In addition to complying with providing access to association books, the association must comply with collection policies and have no owner who owns more than 10% of the units. There are other management responsibilities.
For new condominium associations to qualify for FHA or Fannie Mae financing:
· 50% of the new units must be pre-sold before FHA financing can be approved
· 50% of the units must be owner occupied
· Individual owners must purchase HO-6 insurance policies if the association policy does not cover interiors
· Re-certification is required every two years
These changes are designed to protect the investor, the lender and the FHA, who has suffered losses on the unregulated condominium market.
As no owner can own more than 10% of the units, no single owner can control the fate of the association. The FHA’s 3.5% down payment requirement for approved FHA developments will generate new demand and should assure value stabilization for approved condominiums.
Combined with the extension and expansion of the homebuyer tax credit program, new and existing purchasers can apply the credit toward the down payment and closing costs. Condominium associations that achieve FHA compliance can expect the stagnant condo market to turn very quickly.
From an investment standpoint, purchasers and sellers will do well to participate in their association’s compliance initiatives. The reality is that real estate agents will be leaning toward handling approved condo developments compared to associations that do not comply.
Meanwhile commercial lenders will be requiring FHA approval commitments from their developers. These developers will want to approach lenders with their FHA approval in hand. With the favorable down payment, demand is bound to increase. Investors will do well to research a condo development’s status prior to investing.
















