Homeowner Associations and Fannie Mae Loans

Effective March 1, 2009, Fannie Mae is implementing changes to their condo financing guidelines “in light of the current condo market and the need to mitigate risk on condo loans”. Some of these changes may affect a buyer’s ability to obtain conventional condo loans for new and established condos, and have consequences for condo sellers, principal residence buyers and investor buyers in condominium projects.

Whether you're a buyer or a seller, it will pay to consider these issues in advance of buying or putting your condo on the market. You are more likely to attract a strong buyer if your HOA meets these guidelines, and if you are an investor buyer, you especially would want to find out the nature of ownership in a project if you're obtaining a loan, and even if you're a cash buyer, you would probably want to anticipate your future selling situation. Underwriters/lenders do review association documents during escrow, and these are some of the things they're measuring.

According to FNMA, these guidelines may be modified on a case-by-case basis, but here are the basic guidelines for established HOAs:

• 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.
• Fidelitybond/fidelity insurance required for new and established condominium projects with more than 20 units-- thus ensuring that homeowner association funds are protected.
• The borrower must obtain a “walls-in” coverage policy (commonly known as HO-6 policy) unless the lender can document that the master policy provides the same interior unit coverage. The HO-6 insurance policy must provide coverage in an amount that is no less than 20 percent of the condominium unit’s appraised value.
• No single entity (the same individual, investor group, partnership, or corporation) may own more than 10 percent of the total units in the project.
• The homeowners association must have at least 10% of its budgeted income designated for replacement reserves and adequate funds budgeted for the insurance deductible.