FHA and the GSEs have different rules for the sale of a condominium versus a stand-alone single-family home. The reason for these rules goes back to a long-held belief that condominiums are more risky than single family structures. These rules have hampered the ability of homebuyers to purchase a condo, and make it much more difficult to sell condominiums. The rules include limits on the number of units that can be rented; limits on the number of units that can be delinquent in dues - regardless of the financial standing of the property; unreasonable burdens on properties to be approved; and limits on commercial space.
Condominiums are often the most affordable homeownership option for first time buyers, small families, single people, and older Americans. The current rules prevent buyers from purchasing condominiums; harm homeowners who wish to sell condominiums, and harm condominium properties that cannot turnover REOs. NAR continues to work with FHA and Freddie Mac and Fannie Mae to insure that people who wish to purchase a condominium have safe affordable access to mortgage credit.
None at this time.
Letters to Congress - FHA Condo Financing
Letters to federal agencies - FHA Condo Financing
Congressional testimonies- FHA Condo Financing
Issue summary- FHA Condo Financing
NAR Federal Issues Tracker
What is the fundamental issue?
While the Federal Housing Administration (FHA) has loosened its condominium approval requirements in recent years, many properties continue to struggle to meet overly stringent criteria and the majority of properties are being denied.
I am a real estate professional. What does this mean for my business?
Buyers and sellers of condominiums may find the property is ineligible for FHA financing, restricting the pool of buyers for that property.
Condominiums continue to be the most affordable homeownership option for many first time buyers, small families, single people, and older Americans. NAR believes that loosening FHA’s condominium rules will ensure that more homeowners will be able to sell their units, and homebuyers will have more opportunities to buy affordable properties. Furthermore, FHA promotes high density, urban living in many of their Smart Growth initiatives; easing condo restrictions should be part of this effort.Legislative/Regulatory Status/Outlook
On February 2, 2016, the House of Representatives passed H.R. 3700, the “Housing Opportunity Through Modernization Act of 2015”, introduced by Reps. Luetkemeyer (R-MO) and Cleaver (D-MO), by a unanimous vote of 427-0. On July 14, 2016, the bill passed the Senate by unanimous consent with the leadership of Senators Menendez (D-NJ) and Scott (R-SC).
On July 29, 2016, President Obama signed H.R. 3700 into law.
This legislation made four changes to FHA's current condo policy. H.R. 3700 will: 1) reduce owner-occupancy ratio to 35% unless HUD acts within 90 days of enactment of this law to otherwise lower the ratio; 2) allow lenders to approve condos with commercial space over 25%; 3) require HUD Secretary to “substantially reduce” burdens on condo recertification; and 4) require FHA to mirror the FHFA rules related to private transfer fees.
On September 27, 2016, the Federal Housing Administration (FHA) announced a proposed rule concerning single-family condominium project approval. The proposed changes include:
- FHA is asking for comment on an acceptable minimum percentage for owner-occupied condominiums between 25 and 75 percent.
- FHA is asking for comment on an acceptable minimum percentage for commercial/non-residential space limits between 25 and 60 percent.
- FHA proposes to allow single-unit, or spot, loan approval in non-FHA approved condominiums
- FHA proposes to extend the approval period for a project from 2 to 3 years;
NAR submitted formal comments on the proposed rule, asking FHA to:
- Remove the strict requirement on owner-occupancy levels, with a minimum of implementing HR 3700 standard of allowable 35% owner-occupancy without additional requirements;
- Allow 100% FHA loan concentration in buildings;
- Allow up to 45% commercial space without documentation and implement HR 3700 requirement allowing lenders to approve waivers and consider local conditions;
- Bring back spot-loan approval;
- Increase certification periods and allow for updates to information for re-certification purposes; and
- Support for new transfer fee requirement allowing beneficial transfer fees connected to condominiums.
In addition, in October, FHA published a mortgagee letter making changes to the Federal Housing Administration's (FHA) owner-occupancy requirement for condominiums in accordance with the requirements of H.R. 3700, the Housing Opportunity Through Modernization Act of 2016 (HOTMA). Under the new provisions, FHA will allow for the owner-occupancy requirement to be lowered down to 35% if:
- The project has replacement reserves of at least 20% of the budget,
- No more than 10% of the units are in arrears (more than 60 days past due), and
- The condo has three years of acceptable financial documents.
NAR continues to work with HUD and the new Administration to ensure that the final condo rules provide a real improvement in access to condominium financing.
Federal Financing and Housing Policy Committee
We've already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require a password.
Condo vs. Co-ops
Before condominiums there were co-ops—short for cooperative housing project. While common in New York (80% of the market) co-ops are also found in most large cities. There are differences between the two, as shown below.
Condo: title, same as a house
Co-op: own shares of a corporation
Condo: unit owners taxed separately
Co-Op: typically lower taxes
Condo: same as a house
Co-op: few lenders willing to give a mortgage
Deductions at Tax Time
Condo: same as a house
Co-op: more complicated
Condo: includes maintenance
Co-Op: includes maintenance, property taxes
Condo: same as a house
Co-op: less costly; sale not recorded (no title)
Source: Condo or Co-op? What's the Difference? (ChicagoDownTownLiving Blog)
For Dumbo, a Different Kind of Condo (The New York Times, Apr. 29, 2019)
Making a Profit on a Condo? D.C. Man Shares His Strategy (Washington Post, Apr. 18, 2019) E
New Condo Development for DTC (The Villager, Apr. 3, 2019)
Feast or Famine in Detroit Condo Market: Pair of Projects Shelved as Another is Nearly Sold Out (Crain’s Detroit Business, Apr. 1, 2019) E
Million-Dollar Condos on Old Skid Row: No Sooner Did One West Loop Developer Sell Out of Dozens of Units at $1 Million-Plus Than Another Announced a Plan to Build Two Dozen More (Crain’s Chicago Business, Mar. 18, 2019) E
High-Priced Condos Sell at a Loss More Often Than Non-Luxe Apartments (Curbed New York, Feb. 18, 2019)
High-End Condominium Market Becomes Cat-and-Mouse Game (Miami Today, Feb. 12, 2019)
High-End Condos Eating Up Energy (Crain’s New York Business, May 14, 2018)
Existing-Home Sales (National Association of REALTORS®)
Making the Case for Condo Hotels: Condo Hotels Seek Their Own Category (VRMintel, Mar. 13, 2019)
An Upscale Condo for Hudson Yards (The New York Times, Feb. 28, 2019)
Tax Incentive Eyed for Blue Mountain Condo Hotel (LVB.com, Nov. 29, 2018)
Club Pins Hope on Condo Hotel for Year-Round Resort Business (VT Digger, Oct. 3, 2018)
Williamsburg Will Get a New 26-Story Condo-Hotel Hybrid (Curbed New York, Feb. 26, 2018)
Are Condo Hotels a Smart Investment? (SkyFive Properties Blog, Jan. 7, 2018)
Condo Association Issues
HOA Responds to Gulf Shores Condo American Flag Flap (ABC News 4, May 2, 2019)
Gender-Segregated Pool Schedule for Seniors Condo Discriminates Against Women, 3rd Circuit Says (ABA Journal, Apr. 24, 2019)
When Condo Boards and Residents Clash, Legal Bills Mount (The New York Times, Mar. 29, 2019)
Killington Condo Association Fined for Failing to Respond to Elevated Lead Levels in Drinking Water (Vermont Biz, Mar. 13, 2019)
New Jersey Condo Association Charged with Disability Discrimination (HousingWire, Oct. 29, 2018)
FHA Approved Condos — Complete 2019 Guidelines and Updates (Department of Housing & Urban Development)
Condominiums (Department of Housing & Urban Development) — Search by city
FHA Condo Approval Process (Department of Housing & Urban Development)
Living in a Housing Cooperative (National Association of Housing Cooperative) — FAQs
Condominium Project Reviews (Freddie Mac)
eBooks & Other Resources
The following eBooks and digital audiobooks are available to NAR members:
Condo Owner's Answer Book (Kindle, eBook)
Make Money with Condominiums and Townhouses (Kindle, eBook)
Tips & Traps When Buying A Condo, Co-Op, or Townhouse (Kindle, eBook)
Books, Videos, Research Reports & More
The resources below are available for loan through Member Support. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Member Support at 800-874-6500 for assistance.
Condos and Co-ops (Chicago, IL: Dearborn Real Estate Education, 2006) HD 1377 M48c
Everything You Need to Know Before Buying a Co-op, Condo, or Townhouse (New York, NY: AMACOM, 2006) HD 1341 R74
Condominiums: The Pros and Cons of Ownership (Port Orchard, WA: Windstorm Creative, 2005) HD 1377 L16
Make Money with Condominiums and Townhouses (Hoboken, NJ: John Wiley, 2003) HS 1377 E2
How to Invest in Condominiums: The Low-risk Option for Long-term Cash Flow (New York, NY: John Wiley & Sons, 2002) HD 1377 V81
The Condo and Co-op Handbook: A Comprehensive Guide to Buying and Owning a Condo or Co-op (New York, NY: Macmillan, USA, 1998) HD 1377 W86
How to Buy an Condominium or Townhome: with Sample Forms and Worksheets (Naperville, IL: Sourcebooks, 1997) HD 1377 Ir9
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