Single Family Housing Policy Handbook 4000.1 Module 2C1: FHA Condo Approval - Condo Project Approval Presenter: Dorian Humphrey As of the most recent update: August 14, 2019 The information in this document is current as of the most recent update noted on this cover page. This document does not establish or modify the policy contained in FHA’s Handbooks or Mortgagee Letters in any way.
Disclaimer The purpose of this presentation is to provide an overview and summation of recent changes to the Federal Housing Administration (FHA) policy. It introduces and explains official policy issued in Department of Housing and Urban Development (HUD) Handbooks and Mortgagee Letters. If you find a discrepancy between the presentation and Handbooks, Mortgagee Letters, etc., the official policies prevail. Please note, the information provided in this training is subject to change. Please consult HUD Handbooks and Mortgagee Letters through HUDCLIPS for the most recent updates and current policy. 2
Learning Agenda Overview of Changes Part I: Condominium Project Eligibility Part II: Condominium Project Approval Submission Highlight: Some Important Changes 3
Overview of Changes 4
HUD Policy ML 09-46A & ML 11-03 ML 11-22 09-46B ML 12-18 ML 15-27 ML 16-13 4000.1 II.C ML 16-15 ML 17-13 Condominium Project Approval 5
Single Family Housing Policy Handbook 4000.1 Overview • The structure follows the logical process flow for stakeholders. • The five major sections are: I. Doing Business with FHA II. Origination through Post-Closing/Endorsement III. Servicing and Loss Mitigation IV. Claims and Disposition V. Quality Control, Oversight, and Compliance 6
Handbook Topics II. Origination through Post-Closing/Endorsement C. Condominium Project Approval 7
Glossary Terms Capitalized words in this module can be found in the SF Handbook glossary. 8
Part I: Condominium Project Eligibility 9
Condominium Project Definition Term Definition A project where one-family Dwelling units are attached, semi- Condominium Project detached, or detached, or are Manufactured Home Units, and in which owners hold an undivided interest in Common Elements. Common areas and facilities including underlying land and Common Elements buildings, driveways, parking areas, elevators, outside hallways, recreation and landscaped areas, and other elements described in the condominium declaration. 10
Condominium Project Approval Authorities Condominium Project Approval may be granted through the Federal Housing Administration (FHA)’s U.S. Department of Housing and Urban Development (HUD) Review and Approval Process (HRAP) or by a qualified Mortgagee through the Direct Endorsement Lender Review and Approval Process (DELRAP). Mortgagees that meet the defined DELRAP eligibility requirements are authorized to review condominium documentation, determine Condominium Project eligibility, and certify to compliance with Section 203(b) of the National Housing Act and 24 CFR Part 203 of FHA’s regulations. 11
Project Eligibility Eligible Condominium classifications for FHA Condominium Project Approval include: • Existing Construction; • Complete Condominium Project (New Construction) • Conversions; – Gut Rehab (*completed) – Non-gut rehab • Two- to Four-Unit; • Manufactured Housing; and • Leasehold Interest. 12
Ineligible Projects Loans secured by Units within the following types of projects are not eligible for FHA insurance: Cooperative ownership; Condominium hotel or condotel; Mandatory rental pooling agreements that require Unit owners to either rent their Units or give a management firm control over the occupancy of the Units; and Timeshare or segmented ownership projects. List continued on next slide. 13
Ineligible Projects (cont.) Other ineligible project types include: Multi-dwelling condominiums (more than one dwelling per Condominium Unit); Houseboat project; Continuing care facility; and Coastal barrier location. Subject to adverse determination for significant issues as identified by FHA. 14
Phasing Condominium Projects may be approved in stages as Legal Phases are completed; however, all completed Legal Phases must be evaluated. 15
Legal Phases Legal Phases may be submitted for New Construction and Conversion (both Gut and Non-Gut Rehabilitation) Condominium Projects. 16
Legal Phases (cont.) The submitted Legal Phases must be independently sustainable without future planned Legal Phases, as demonstrated by the budget and financial documentation, such that the submitted Legal Phases of the Condominium Project will not be jeopardized by the failure to complete additional Legal Phases. 17
Legal Phasing and Vertical Buildings Detached and Vertical Buildings Semi-Detached Buildings • All Units in the phase are built out; • All Units in the phase are built out; and and • At least a temporary Certificate of • At least a temporary Certificate of Occupancy (CO), or its equivalent, Occupancy (CO), or its equivalent, has been obtained for the Units. has been obtained for the Units. 18
Additional Phasing For Condominium Projects that are subject to additional Phasing, the Condominium Project must contain arrangements that guarantee the future completion of all facilities and Common Elements. 19
General Condominium Project Approval Requirements To be eligible for Condominium Project Approval, the Condominium Project must: • Be primarily residential in nature and not be intended for Rental, Transient, or Hotel Purposes; • Consist only of One-Family Dwelling Units; • Be in full compliance with all applicable federal, state, and local laws with respect to zoning, fair housing, and accessibility; • Be complete and ready for occupancy; and • Be reviewed and approved by the local jurisdiction. 20
Form HUD-9992, FHA Condominium Project Approval Questionnaire Form HUD-9992, FHA Condominium Project Approval Questionnaire refers to a set of questions designed to collect pertinent Condominium Project and Unit information for Condominium Project Approval and FHA insurance endorsement. 21
FHA Concentration FHA Insurance Concentration refers to the number of FHA-insured Mortgages within a Condominium Project. FHA may suspend project eligibility of Condominium Projects where the FHA Insurance Concentration is greater than 50 percent of the total number of Units in the Condominium Project. 22
Owner Occupancy Percentage Owner Occupancy Percentage refers to the percentage of Units considered owner- occupied: Existing At least 50 percent of the total number of Units. Construction New Construction and Gut Rehab At least 30 percent of the total number of Units. conversions 23
Owner Occupancy Percentage (cont.) Exceptions for Existing Construction: Existing Condominium Projects, greater than 12 months old, with an Owner Occupancy Percentage of at least 35 percent and less than 50 percent are eligible for approval with the following conditions: • Applications must be submitted for processing and review under the HRAP option; and • No more than 10 percent of the total Units are Units in Arrears (does not include late fees or other administrative expenses). 24
Owner Occupancy Percentage Calculations Numerator Denominator Includes all of the following: Includes: • Any Unit that is occupied by the owner as his or • All Units in the first declared Legal her place of abode for any portion of the Phase of a multi-phased project calendar year and that is not rented for a cumulatively and all Units on majority of the calendar year; subsequent Legal Phase; or • Any Unit listed for sale, and not listed for rent, • All Units of a single-phased project. that was previously occupied by the owner as his or her place of abode for any portion of the calendar year and that is not rented for a majority of the calendar year; or • Any Unit sold to an owner who intends to occupy the Unit as his or her place of abode for any portion of the calendar year and has no intent to rent the Unit for a majority of the calendar year. 25
Owner Occupancy Percentage Example Units occupied Owner Units sold to Units listed as place of All Units Occupancy an owner … for sale … abode… Concentration (10 + 2 + 3) / 20 = 75% Numerator Denominator 26
Transfer of Control Transfer of Control refers to the shift of existing control over the Condominium Association from the developer/builder to the Unit owners. Transfer of Control must occur no later than the earlier of the following: 120 Days after the date 75 percent of the Units in the Condominium Project have been conveyed to Unit owners; three years after completion of the Condominium Project as evidenced by the first conveyance to a Unit owner; or the time frame regarding Transfer of Control established under state or local condominium laws, if applicable. 27
Financial Stability and Controls Financial Stability refers to the ability of the Condominium Association to meet the Condominium Project’s needs in the future through positive cash flow and adequately funded reserves. Financial Controls refer to the financial policies and procedures that a Condominium Association has in place to protect its funds from fraud and mismanagement. 28
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