Buying and selling condominiums (condos) can be lucrative or very
risky. Condos are unique investments that any buyer should understand
before he makes a commitment to purchase one. An individual condo may be
very inexpensive relative to the others in the complex, but may have
hidden issues that are not all that obvious to a perspective buyer.
Condos
are generally associated with towering buildings and tightly packed
apartments owned by elderly retired residents who downsized from their
single family homes. However, they can also be in vacation areas that
are essentially extended timeshare properties, or they can be villas and
townhouses, or even single-family homes that are in gated and guarded
communities.
Their common element is that they are deed restricted
to stay a community regulated by a board of individuals who are elected
by the residents to the Homeowners Association (HOA). The project
developer may have control of the HOA initially but ultimately turns
over control to the HOA with a Board elected from residents. Many
complexes have strict rules about who can own a unit or live in the
complex.
The most common problems when buying and selling condo units are:
1. The HOA can change its rules for ownership at any time -
including previewing the financial and credit worthiness of a buyer.
This is tough for investors who will be flipping condos for wholesale
profits.
2. The HOA can change its rules for rental at any time - so an
investor who buys a condo to rent, may not be able to if the rule
changes after he owns the property.
3. The HOA has to issue an Estopple Letter for the property to be
transferred which can be expensive, time consuming, or not granted at
all. The Estopple Letter basically says the seller of the condo is
current on his HOA fees and HOA assessments, or a certain amount of
money must be paid to the HOA at the closing
4. The HOA will not allow rehabbing of the property unless all
permits are pulled and the work is only done during certain hours of the
day.
5. Recent legislation has empowered HOAs to foreclose on condos not
paying fees or assessments and take over the property so it can be
rented by the HOA and the income used to offset the former loss of
revenue when the owner wasn't paying.
6. The HOA can go into receivership because of a lack of income to
maintain basic necessities or repairs. This usually happens somewhere
after 18% of the homeowners stop paying their dues, fees and assessments
and can make it nearly impossible to resell the property.
7. The property insurance premiums may not be paid for a lack of
revenue and a catastrophic event (fire or water damage) may not be
covered despite the homeowners paying their HOA fees.
In summary,
before investing in condos, an investor must do his due diligence at a
higher level than when he is buying a single-family, non-HOA property.
He should talk to existing owners and talk to Board Members to see if
they are investor friendly and what their attitude is about renters. It
is also imperative to determine if the HOA has a "first right of
refusal"
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