Conventional Condominium Policy

Transcription

1 Cnventinal Cndminium Plicy Overview NewLeaf will riginate and fund mrtgage lans secured by units in cndminium prjects that meet FNMA/FHLMC/ NewLeaf eligibility criteria. Cndminium Definitin A cndminium is a unit in a cndminium prject. A cndminium prject cnsists f tw r mre units legally established in cmpliance with applicable State laws where the prject is lcated. A cndminium unit is a ne-unit residential dwelling in which each unit wner has title t his r her individual unit, an individual interest in the prject s cmmn areas and in sme cases the exclusive use f certain limited cmmn areas. General Requirements NewLeaf must represent and warrant each cndminium prject that the cndminium unit is lcated in. NewLeaf underwriting must determine that the prject was reviewed within the three mnths that preceded the date f the mrtgage Nte and that they are nt aware f any changes in circumstances since the review that wuld result in the prject nt satisfying FNMA/FHLMC / NewLeaf eligibility Eligibility Criteria Cndminium eligibility criteria vary depending n the prject type as defined belw. Prject types are: Established Prject Eligibility 90% r mre f the ttal units in the prject have been cnveyed t the unit purchasers The prject is 100% cmplete including all units and cmmn elements The prject is nt subject t additinal phasing Cntrl f the hmewner s assciatin has been turned ver t the unit wners There are n manufactured hmes in subject prject Established Prject Underwriting Eligibility: Primary Residences and Secnd Hmes N wner ccupancy requirements Investment prperties at least 51% f the units in the prject are ccupied as primary residences r secnd hmes Cnventinal Cndminium Plicy - Page 1 f 9 Last Updated: 1/16/2014

2 Cnventinal Cndminium Plicy At least 10% f the budget is allcated annually and mnthly t the reserve accunt t accmmdate capital expenditures, deferred maintenance and replacement f majr cmmn elements Adequate reserves fr insurance deductibles N Single entity (same individual, investr grup, partnership r crpratin) wns mre than 10% f the ttal units in subject prject. N mre than 15% f the ttal number f units in the prject are 30 days r mre delinquent n the HOA assessments N litigatin, see ineligible prject sectin belw fr additinal infrmatin New Prject Eligibility FNMA must apprve all new prjects and a cpy f the FNMA apprval letter must be retained in the lan file Less than 90% f the ttal units in the prject has been cnveyed t the unit purchasers The prject is nt fully cmpleted, such as prpsed cnstructin, new cnstructin, r incmplete cnversin f an existing building t a cndminium The prject is newly cnverted; r The prject is subject t additinal phasing r annexatin Cntrl f the hmewners assciatin has nt been turned ver t the unit wners At least 70% f the ttal units in the prject must have been cnveyed r must be under cntract t purchasers ther than the develper and will ccupy the units as their primary residence r 2 nd hme Subject legal phase and prir legal phases are substantially cmplete (Certificate f Occupancy r its equivalent has been issued) fr the subject and previus phases; temprary C f O plus cmpleted, signed jb site card is acceptable if issued by cunty There are n manufactured hmes in the subject prject N litigatin, see ineligible prject sectin belw fr additinal infrmatin New Prject Underwriting Eligibility Primary Residences and Secnd Hmes N wner ccupancy requirements Investment prperties at least 51% f the units in the prject are ccupied as primary residences r secnd hmes At least 10% f the budget is allcated annually and mnthly t the reserve accunt t accmmdate capital expenditures, deferred maintenance and replacement f majr cmmn elements Adequate reserves fr insurance deductibles N mre than 15% f the ttal number f units in the prject are 30 days r mre delinquent n the HOA assessments N Single entity (same individual, investr grup, partnership r crpratin) wns mre than 10% f the ttal units in subject prject; develper may wn mre than 10% f prject nly if actively marketing remaining units fr sale Cnventinal Cndminium Plicy - Page 2 f 9 Last Updated: 1/16/2014

3 Cnventinal Cndminium Plicy Tw t Fur Unit Prject and Underwriting Eligibility N single (same individual, investr grup, partnership r crpratin) entity wns mre than ne unit in the prject All units, cmmn elements and facilities within the prject including thse that are wned by any master assciatin must be 100% cmplete All but ne unit in the prject must have been cnveyed t wner-ccupant principal residences r secnd hme purchasers; and The units in the prject must be wned in fee simple r leasehld and the unit wners must be the sle wners f and have rights t the use f the prject s facilities, cmmn elements, and limited cmmn elements. Prject must carry a ttal f $1,000,000 f liability insurance via a master plicy r cmbined plicies f unit wners. N litigatin, see ineligible prject sectin belw fr additinal infrmatin Cndminium Review Type Cndminium review types are defined belw: Lender Full Review The prject must nt be an ineligible prject as defined in this plicy The prject must nt be a manufactured husing prject The prject must nt be a new prject with any units less than 400 square feet The prject must meet insurance requirements as defined in this plicy N mre than 20% f the ttal square ftage f the prject can be used fr cmmercial purpses The units in the prject must be wned in fee simple N mre than 15% f the ttal units in a prject may be 30 days r mre past due n their hmewner s assciatin dues Primary Residences and Secnd Hmes N wner ccupancy requirements Investment prperties at least 51% f the units in the prject are ccupied as primary residences r secnd hmes At least 10% f the budget is allcated annually and mnthly t the reserve accunt t accmmdate capital expenditures, deferred maintenance and replacement f majr cmmn elements Adequate reserves fr insurance deductibles N Single entity (same individual, investr grup, partnership r crpratin) wns mre than 10% f the ttal units in subject prject; develper may wn mre than 10% f prject nly if actively marketing remaining units fr sale N litigatin, see ineligible prject sectin belw fr additinal infrmatin Cnventinal Cndminium Plicy - Page 3 f 9 Last Updated: 1/16/2014

4 Cnventinal Cndminium Plicy Lender Full Review fr Tw-t-Fur Unit Prjects In additin t meeting all requirements listed abve fr a standard Lender Full Review the fllwing is required: N single entity may wn mre than ne unit in the prject All units, cmmn elements and facilities within the prject including thse that are wned by any master assciatin must be 100% cmplete All but ne unit in the prject must have been cnveyed t wner-ccupant principal residence r secnd hme purchasers The unit wners must be the sle wners f and have rights t the use f the prject s facilities, cmmn elements and limited cmmn elements Liability insurance in the amunt f $1,000,000 is required. If the prject des nt carry master liability insurance, the cmbined amunt f liability plicies carried by each individual unit wner must meet Agency requirements f a minimum f $1,000,00 Lender Review fr Detached Cndminium Prjects with DU Apprval The prperty is a single detached unit The prperty is nt a manufactured hme The prject is nt an ineligible prject per this plicy The unit is ccupied as a principal residence, secnd hme r investment prperty The appraiser cmmented n, and reflected in the appraisal reprt, any effect that buyer resistance t the cnd frm f wnership has n the market value f the individual unit. The type f hazard and fld insurance cverage required fr single-family detached dwellings applies unless there is a master insurance plicy that cvers the dwelling Lender Review fr Detached Cndminium Prjects with LP Apprval The prperty is a single detached unit The prperty is nt a manufactured hme The prject is nt an ineligible prject per this plicy The unit is ccupied as a principal residence, secnd hme (investment prperties nt permitted) The appraiser cmmented n, and reflected in the appraisal reprt, any effect that buyer resistance t the cnd frm f wnership has n the market value f the individual unit. The type f hazard and fld insurance cverage required fr single-family detached dwellings applies unless there is a master insurance plicy that cvers the dwelling Cnventinal Cndminium Plicy - Page 4 f 9 Last Updated: 1/16/2014

5 Cnventinal Cndminium Plicy Limited Review A limited review may be perfrmed depending n prject type and certain lan characteristics as defined in NewLeaf underwriting guidelines. A limited review must meet the fllwing criteria: The prject must nt be an ineligible prject as defined in this plicy The prject must nt cnsist f manufactured hmes The prject must be an established prject as defined in this plicy The prject must be cvered by insurance as defined in this plicy Mrtgages that are secured by new cndminium prjects and investment prperties are nt eligible fr Limited Review. Limited Review fr attached cndminium units applies t the fllwing ccupancy type and LTV/CLTV/HCLTV guidelines: Limited/Streamlined Review fr attached Cndminium Units in Established Cndminium **Prjects lcated in Flrida are nt permitted fr Limited Review** Occupancy Type Maximum LTV/CLTV/HCLTV w/du Maximum LTV/CLTV/HCLTV w/lp Principal Residence =/<80% =/<90% Secnd Hme =/<75% =/< 75% Investment Prperty Nt eligible Nt eligible Reciprcal Prject Review FNMA apprved prjects are eligible fr FHLMC financing if the prject has been apprved by FNMA thrugh PERS r CPM AND if the prject cmplies with the fllwing: The prject cmplies with all applicable FNMA eligibility requirements and lender warranties Any terms and cnditins f the PERS r CPM apprval have nt expired, and have nt been rescinded r mdified in any way The Mrtgage file cntains a cpy f FNMA PERS apprval r CPM prject acceptance certificatin The prject cmplies with prject eligibility requirements in Sectin 42.2(b) f FHLMC s Selling Guide NewLeaf is nt aware f any circumstances that wuld make the prject ineligible fr FNMA acceptance **CPM prject apprvals fr FNMA are permitted** Cnventinal Cndminium Plicy - Page 5 f 9 Last Updated: 1/16/2014

6 Cnventinal Cndminium Plicy Prject Type Classificatin fr FNMA Prjects r Prjects with a DU Apprval: P A prject requiring limited review fr new detached prjects Q A prject requiring limited review fr established prjects R A prject requiring lender full review fr new prjects S A prject requiring lender full review fr established prjects T A prject that received final PERS apprval U An FHA apprved prject (fr FHA lans nly) Ineligible Prjects Units lcated in the fllwing prject types are nt eligible Htel/Mtel/Resrt Prjects including Htel r Mtel cnversins Prjects that ffer registratin services and rentals f units n a daily basis Prjects that restrict the wner s ability t ccupy the unit r that have rental pling agreements giving a management cntrl ver the ccupancy f the units Prjects with nn-incidental business peratins such as a restaurant, spa, health club Prjects subject t Federal r State Securities Regulatins Cmmn-interest apartment prjects AKA Own Yur Own Timeshares r prjects with segmented wnership Husebats Prjects where mre than 20% f the ttal space is used fr nn-residential purpses C-ps Prjects in which an wner may hld a single deed evidencing wnership f mre than ne unit Prjects that represent a legal, but nn-cnfrming, use f the land, if zning regulatins prhibit rebuilding the imprvements t current density in the event f their partial r full destructin Prjects sld with excessive Seller cntributins Prjects with fractured interest Prjects where a single investr/entity wns mre than 10% f the ttal number f units in the prject r mre than ne unit fr prjects that are less than 10 units Cntinuing Care Retirement Cmmunity (CCRC) Attached Prjects that are legal nn-cnfrming Any prject rendered ineligible by Fannie Mae Cnventinal Cndminium Plicy - Page 6 f 9 Last Updated: 1/16/2014

7 Cnventinal Cndminium Plicy Mrtgages secured by Manufactured Hmes (unless PERS apprved by FNMA) New and Newly Cnverted attached Cndminium Prjects lcated in Flrida unless apprved by FNMA Leasehlds Prjects in litigatin, arbitratin, mediatin r ther dispute. Hwever, if the litigatin, arbitratin, mediatin r dispute is determined t be minr, the prject may be deemed as eligible; prvided NewLeaf cncludes that the pending litigatin has n impact n the safety, structural sundness, habitability, r functinal use f the prject. If it is determined that the circumstance is minr as per the fllwing, 2 nd signature frm management is required. The fllwing are defined t be minr matters: Nn- mnetary litigatin invlving neighbr disputes r rights f quiet enjyment Litigatin fr which the claimed amunt is knwn, the insurance carrier has agreed t prvide the defense, and the amunt is cvered by the assciatin s insurance The HOA is named as the plaintiff in a freclsure actin, r as a plaintiff in an actin fr past due hmewner s assciatin assessments. Financing f Limited Cmmn Elements r Amenities Parking spaces that are real prperty and purchased with the Cndminium Unit may be financed as part f the mrtgage. Nn-realty amenities such as bat dcs r cabanas cannt be financed as part f a mrtgage. Appraisal Requirements The appraisal must be cmpleted n Frm 465/1073. An interir and exterir inspectin f the subject prperty is required. The appraiser must reprt the prject name, the assessments and include any special assessments and the prperty rights fr each cmparable sale and must cmpare them t the subject prject. The appraiser must identify the cmmn elements and the amenities available t the unit wners, cmment n their cnditin and analyze hw they cmpare t the cmpeting prjects. Cmparable sales must be frm cndminium prjects in the same market and must be similar t the subject prject and cmpete fr the same buyers. The appraiser shuld prvide at least ne cmparable sale frm within the subject prject and ne cmparable sale frm a cmpeting prject. The appraiser shuld address if there is any pending litigatin in the prject r if ne entity wns mre than 10% f the prject Cnventinal Cndminium Plicy - Page 7 f 9 Last Updated: 1/16/2014

8 Cnventinal Cndminium Plicy Insurance Requirements NewLeaf requires a master insurance plicy fr all mrtgages secured by a unit lcated in a cndminium prject in additin t Walls-In r All-In cverage fr the individual cndminium unit if it is nt cvered by the master plicy. The master plicy must include sufficient liability and fidelity cverage as described belw: Liability The hmewner s assciatin must maintain a cmmercial general liability insurance plicy fr the entire prject including all cmmn areas, elements, public ways and any ther areas that are under its supervisin. The insurance must als cver cmmercial spaces that are wned by the hmewner s assciatin. The cmmercial general liability insurance plicy must prvide cverage fr bdily injury and prperty damage resulting frm the peratin, maintenance r use f the prject s cmmn areas and elements. The amunt f cverage must be at least $1,000,000 fr bdily injury and prperty damage fr any single ccurrence. Maximum deductible is 5% f the face amunt f the plicy Fidelity Fidelity insurance is required fr cndminium prjects cnsisting f mre than 20 units. The hmewner s assciatin must have blanket fidelity insurance cverage fr anyne wh either handles r is respnsible fr funds that it hlds r administers whether r nt that individual received cmpensatin fr services. The insurance plicy shuld name the hmewner s assciatin as the insured and the premiums shuld be paid as a cmmn expense by the assciatin. A management agent that handles funds fr the hmewner s assciatin shuld be cvered by its wn fidelity plicy which must prvide the same cverage. The plicy must cver the maximum funds that are in the custdy f the hmewner s assciatin r its management agent at any time while the plicy is in frce. A lesser amunt f cverage (equal t at least three mnths f assessments n all units in the prject) is acceptable if the HOA r Management Cmpany verifies the fllwing in writing: Separate bank accunts are maintained fr the wrking accunt and the reserve accunt and the bank sends cpies f the mnthly bank statements directly t the HOA The management cmpany maintains separate recrds and bank accunts fr each HOA that uses its services and the management cmpany des nt have the authrity t draw checks n r transfer funds frm the HOA s reserve accunt Cnventinal Cndminium Plicy - Page 8 f 9 Last Updated: 1/16/2014

9 Cnventinal Cndminium Plicy Tw members f the Bard f Directrs must sign any checks written n the reserves accunt Walls- In r All- In cverage is required if nt included in the master plicy. This type f cverage is als knwn as HO-6 and is required when the master plicy des nt prvide cverage fr interir imprvements r betterments. This cverage must be sufficient t repair the cndminium unit t its cnditin prir t a lss claim event. Insurance cverage must be verified as fllws: Cverage must be 20% f subject prperty value r the insurer must agree t pay up t 100% f the prperty s insurable replacement cst as verified by a 360-value reprt r similar dcument. A Guaranteed Replacement Cst Endrsement plicy Maximum deductible amunt must be n greater than 5% f the case amunt f the plicy Site Cnd s must carry their wn individual hazard insurance plicy in additin t the master insurance carried by the HOA t cver cmmn areas/greenbelts, etc. Underwriter Respnsibility NewLeaf s underwriter is respnsible fr reviewing the Cndminium prject t ensure that it meets all eligibility requirements as described in this plicy. The apprpriate Cndminium Checklist must be reviewed, alng with ther apprpriate dcumentatin t represent and warrant the prject t the Agency. NewLeaf must nt be aware f any change in circumstance since reviewing the prject that wuld result in it n lnger satisfying Agency requirements. The underwriter is required t: Review, cmplete and sign the apprpriate Cndminium Checklist and attach it t the eflder Prperty Cnd Warranty bucket. Cmplete the Prject Type, Prject Name and r ID# n the Transmittal Summary and Underwriter Summary Attachments: Exhibit A - Cnventinal Cnd Full Review Checklist Exhibit B - Cnventinal Cnd Limited/Streamline Review Checklist Exhibit C Cnventinal 2-4 Unit Cnd Checklist Cnventinal Cndminium Plicy - Page 9 f 9 Last Updated: 1/16/2014