
The Big Picture in CIC land.
Community Associations (CA), Common Interest
Communities (CIC) or Planned Unit Development (PUD) over the last thirty
years has become a staple of new home development for many reasons. CIC
may be in the form of a Condominium, Cooperative or Homeowner Associations
but they all share in number of characteristic.
Insurance Underwriters are dropping policy holders and coverage in entire
states for economic reason, and to the policy holder the GLUE reports
help to track claims and facilitate eliminating long term liabilities.
In the CIC arena this could be multiplied when Insurance companies drop
unit owners policy's because of their CIC's issues. Where's a condo going
to get insurance when no underwriting will back a policy?
How are owners going to sell if their association
is not compliant with underwriting guidelines?
New Insurance Issues
Fannie Mae is now longer underwriting loans on properties in CIC's that
have more that 10 percent of assessments outstanding. In reality it is
the opposite about only 20 percent have that scenario. If a property loan
cannot go Fannie it goes HUD.
States
and Courts are limiting
the ability of CIC to collect these assessments dooming the whole community
without help in collecting these monies.
The reserve funds of these associations are very under funded and will
result in the government having to back a community with a loans or grants
to cover legislation that communities must comply with by law. The Association
of Professional Reserve Analysts is telling us that about 80 percent or
more are under funded.
What will underwriter or insurance companies
do when they look at these numbers?
The Government:
On the local level these private communities are viewed as a way to have
new homes with out the local jurisdiction having to manage roads,street
lights recycling and trash services. In fact residents of these communities
all pay local taxes to have many for these service that are provided to
the non association housing.
This is an effect a double tax! Why should residents
of these communities pay the tax and have to pay for private trash collection.
On the State level there exist the greatest impact on CICs. State require
CIC to be incorporated in the state they reside and enjoy the state taxes
that these residents pay, yet the state seem to be working against CIC
by not providing them remedies to compel unit owners that are delinquent
in assessments to pay up.
A community goes over 10 percent in
pass due assessments Fannie Mae, Freddy Mac, and HUD will not underwrite
a loan in that community.
On the federal Agency level, the lack of understanding of these communities
particularly the lack of oversight by HUD of their subcontractors to their
responsibilities to pay assessments of HUD owned properties and failing
to provide community documents does more to undermine these communities
then nearly all the other problems that are coved on this site.
There is a requirement by HUD for communities
to maintain assessment collection and reserve accounts that their closing
agents refuse to pay.
Congress, both parties and sides, have exhibited no real
understanding of how communities are formed and that so many, 50 Million,
american are in one of these developments. Here are a couple of example
of how they are actually hurting or denying communities needed help.
1. The Clean Water Act requires communities at their expense to test
and clean storm water ponds --99 percent are in a CIC. A new community
of first time home buyers could be saddle with 10-100's of thousand of
dollars in cost for a pond that they just took over and did not build.
Large established CIC could face bankruptcy trying to clean up their ponds.
2. FEMA will not reimburse a CIC for roads and common elements repair
and replacement caused by natural and other disaster. The reasoning is
that they are private, The 3 out 4 new homeowners and federal tax payers
should be interest to lean of this imbalance.
The former chairman of Fannie Mae when
told about many of these issues, declared that Fannie Mae had no interest
in how these communities are run. With 3 out 4 new homes in one, how
can
they not have a concern*?
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