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Rental Caps and Hardship Exceptions

With the economic crisis continuing and foreclosure rates still increasing, I have heard a lot of talk recently regarding rental cap hardship exceptions.  Many condominium and homeowner association boards of directors whose associations have rental ceilings are feeling the pinch between following their CC&Rs and facing unprecedented levels of claims of hardship. A typical rental ceiling Hardship Exception leaves […]

Reserve Funding

In the past several weeks as I have been speaking on the new HUD/FHA guidelines, many persons have asked me whether HUD/FHA will require the “straight line,” “cash flow” or some other methodology for determining percentage of reserve funding.  The short answer is, “we do not know.” What we do know is that in order to obtain FHA […]

Changes to Revised FHA Condo Guidelines Announced

On November 6th, the Federal Housing Administration (FHA) finally issued major changes to its revised guidelines on mortgage insurance requirements for condominium associations.  The original guideline revisions were first proposed back in June (under Mortgagee Letter 2009-19).  The new guidelines go into effect on December 7, 2009; however, some of the requirements are phased in through January 31, 2010. If you […]

Enforcing CC&Rs; Through Electronic Surveillance

Homeowner association boards often struggle with enforcing certain rules, such as improper parking, failing to pick up after pets, littering and similar conduct.  It is not that the violations are unimportant or do not affect the character of the community; rather, the cost and effort  required to catch violators often exceeds the resources available to non-profit homeowner associations. However, there is a […]

Dealing With “the Crazies” Within a Homeowner Association

Yesterday, I was co-presenting at a Washington Community Association Institute (CAI) seminar on community building and annual meetings.  When discussing owner engagement in association matters, an attendee asked how a board should respond to “the crazies,” and went on to describe a protracted dispute between several renegade homeowners and her board of directors. As soon as the board member finished asking her […]

DELRAP vs HRAP for FHA Condominium Certification

The last unanswered question I had regarding the new FHA guidelines involved the difference between the Direct Endorsed Lender Review Approval Process (DELRAP) and the HUD Review Approval Process (HRAP).  In reviewing and analyzing the provisions promulgated in HUD Mortgagee Letter 2009-46B, the guidelines explained in detail the DELRAP process, but did not describe the precise submission process for HRAP.  The […]

Lenders and Squatters Accessing Homes Prior to Foreclosure

There have been several recent reports in the media and Blogosphere of lenders and squatters gaining access to Northwest homes vacated through the foreclosure process: AG’s Office Investigating Squatters; The Lafayette Report – Legal Alert; Bend Foreclosures on the Rise. The justification provided by lenders may be that they received a report that the property was vacant and unsecured and that […]

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