ma ceu condominiums, cooperatives and timeshares re12r07
DESCRIPTION
Massachusetts Continuing Education Course – 2 Credits. This course is a general overview of the Condominium Law in Massachusetts. You will learn the laws and regulations specific to the ownership and sale of a condominium. Common mistakes and misunderstands regarding condominiums will be reviewed. A comparison of condominiums to Cooperatives and Timeshares will be explored.TRANSCRIPT
Condos, Coops & Timeshares
RE12R01Jody OBrien
CEU Outline
Items in RED are new Fannie, Freddie and/or FHA Guidelines
What is a Condominium?
It is a form of ownership, not a physical structure. It is the ownership of a single unit in a multi‐unit project together with an undivided interestin a common areas and facilities.
What is it?
Property Interest
• Real Property Interest– Unit– Common Area
• limited common elements
• Personal Property Interest
MASTER DEED
Creation of a Condominium
Land & Building
What is Common
What is a unit
Limited Common Elements
Ownership
% of Interest
Restrictions
Other
Managing Entity
Plot and Plat plans
UNIT DEED
Creation of a Condominium
Right of Ownership
% of Interest
Plot Plan
Description of
ownership
Is it really that simply?
Creation of a Condominium
• Declaration of Trust/Articles of Incorporation– establishes association and legal authority– Rules and Regulations– Bylaws
Creation of a Condominium
• Annual Budget– Operating
• Fixed Expenses • Variable Expenses• Contingency reserve • 10% of income must be capital reserve• Enough in operating to cover insurance deductible
Condo Fees
• 6 d Certificates• verifies the owners payment status of fees and assessments
• No more than 15% delinquent (30 days)• Special Assessments
MGL 183A, section 6d
(d) A statement from the organization of unit owners setting forth the amount of unpaid common expenses and any other sums which have been assessed against a unit owner, including a statement of the amount which the organization of unit owners claims is entitled to priority with respect to any mortgage under subsection (c), shall operate to discharge the unit from any lien for other sums then unpaid when recorded in the appropriate registry of deeds; provided, however, that any statement or document issuing from an unincorporated organization of unit owners may be recorded in a registry of deeds and if so recorded shall indicate and specify therein the book and page, or document number if registered land, within such registry of the instrument from which the signatory or signatories of the statement obtained authority to sign on behalf of the unincorporated organization. The statement shall be furnished within ten business days after receipt of a written request, upon payment of a reasonable fee, and shall be binding on the organization of unit owners, the governing body of the organization of unit owners, and every unit owner; provided, however, that no fee shall be required of any mortgagee, in connection with a foreclosure of a mortgage, who has given the organization notice of its intention to foreclose a mortgage upon the unit.
Insurance and Taxes
• Master Insurance Policy• required by M.G.L. 183A• property and liability coverage for common areas
• Unit Owner Policy• real and personal property coverage for unit owner• HO‐6 policy required unless master covers interior and must be at least 20% of value
• Fidelity Insurance required over 20 units –protects HOA funds
Fannie Mae Guidelines
• 70% of new project (construction or conversion)pre‐sold
• Single owner max 10%• 20% max non‐residential space• No pending litigation regarding structure or habitability
• 25% down payment or closing cost = .75% of loan amount
FHA New Guidelines
• No approval for single family detached units• 30% pre sold• 10% budget capital reserve • Budget review by lender• 25% max non‐residential• Recertification every years
Right of First Refusal
Guarantees the association and its members the right to buy a unit for the same price and terms set forth in a bona fide offer.
• Letter of Declination ‐ waives the right of first refusal;
• needed at closing• FHA will not finance
Condo Super Lien Bill
• Priority Lien– associations lien takes priority– notice to owner and mortgagee after 60 days delinquency
– separate notice to mortgagee 30 days prior to filing for foreclosure
• Unit Owner Liability• fines, losses and cost of enforcement of cost• owner, tenant or guest• misconduct constitutes a lien
Condo Super Lien Bill
• On File Documents• trustees or management company must keep updated documents
• must be made available to unit owner and first mortgagee ‐ inspection or copy
• Management Obligation• terminate management contract with cause with 10 day notice
• terminate without cause with 90 days notice
Cooperatives
Residents own Shares not Unit• Proprietary Lease• Monthly Fee• Board of Directors• Financing
Time Shares
• Ownership ‐ fee simple
• Right to Use ‐ leasehold interest
• Exchange Program
Thank you for Attending Jody O’BrienThe RE/Education Company
Committed to Professionalism in Real Estate through Education
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