Becker & Poliakoff senior attorney Jay Roberts recently scored a win for his condominium association client in a Fair Housing Act (FHA) ruling from the Florida First District Court of Appeal (Harbour Pointe of Perdido Key Condominium Association, Inc. v. James Henkel). The appellate ruling has potentially broad implications for condominium associations. While all design… Continue Reading
Question: The issue of “sober houses” and other types of group homes has arisen in our community. We would like to know if we can amend our homeowners’ association documents to prohibit such uses? (S.W. by e-mail) Answer: In 2016, the Florida Legislature adopted the “Florida Sober Home Bill,” which creates a new certification for… Continue Reading
Question: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations? J.B. (via e-mail) Answer: This is an extremely complex area of law. Important additional facts would include when the building was constructed, how many units are rented out on a short term… Continue Reading
FHA issued a new Mortgagee Letter last week. It requires foreclosing lenders to recognize and communicate with a community association, especially if the association already liened the property. Condominium and Homeowners’ Association leaders often complain about lack of payment on the part of mortgagees that take title as a result of the foreclosure. Many of them are not willing to wait… Continue Reading
HUD charges another condominium association with discrimination as a result of its policies (and practices) related to service or accommodation animals.
Over 40% of the Home Loans Issued in Two Major Florida Cities in February are Government-Insured FHA Loans. The marketability of the homes in your community is highly dependent upon the availability of mortgage financing. We’ve included several posts on this site regarding purchase money financing issues over the past 2 years, including reporting on the changes to federal underwriting guidelines. Since mortgage… Continue Reading
Community Association’s Institute (CAI) is petitioning Congress to host oversight hearings examining the Federal Housing Administration (FHA) and its management of the FHA condominium insurance program in an effort to highlight many of the problems faced by condominium associations across the country. The Federal Housing Administration (FHA), which is part of the Department of Housing and… Continue Reading
The Federal Housing Administration (FHA) implemented a new approval process for condominium projects and insurance requirements for mortgages on individual units in November, 2009. FHA also announced certain exceptions to its standard criteria. Please note the following: The November 2009 guidelines temporarily increased the number of permitted FHA insured loans in a particular project from 30% to 50%. 100%… Continue Reading
The United States Department of Housing and Urban Development (“HUD”) announced recertification deadlines for condominium projects that had received approval for FHA-backed mortgage insurance prior to October 1, 2008. Initial Project Approval Dates Expiration Date 1972 – 1980 December 31, 2010 1981 – 1985 December 31, 2010 1986 – 1990 May 31, 2011 1991 – 1995 July… Continue Reading
HUD Implements New Approval Process for Condominium Projects to Qualify for FHA Insured Mortgages.
Website Allows Users to Search for FHA Approved Projects.
On June 12th the Department of Housing and Urban Development (HUD) published Mortgagee Letter 2009-19 announcing the new process for approval of condominium projects. As previously reported on this Blog, Fannie Mae, a federally backed lender, announced several changes to its standards, including the imposition of PERS review.