BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 596


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          Date of Hearing:  May 13, 2015


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                   Ed Chau, Chair


          AB 596  
          Daly - As Amended May 5, 2015


          SUBJECT:  Common interest developments: annual budget report.


          SUMMARY:  Requires a homeowners association (HOA) in a common  
          interest development (CID) to disclose to the owners if the CID  
          is an approved condominium project pursuant to Federal Housing  
          Administration (FHA) and Department of Veterans Affairs (VA)  
          guidelines.  Specifically, this bill:  


          1)Requires a HOA to include a statement in the annual budget  
            report, on a separate piece of paper in 10 point font,  
            disclosing the status of the CID as a FHA- approved  
            condominium project. 


          2)Requires a HOA to include a statement in the annual budget  
            report, on a separate piece of paper in 10 point font,  
            disclosing the status of the CID as a VA- approved condominium  
            project.  


          EXISTING LAW:   Requires an HOA to distribute an annual budget  
          report 30 to 90 days before the end of the fiscal year that  
          includes the following information, unless the governing  
          documents impose more stringent standards:








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          1)A pro forma operating budget showing the estimated revenue and  
            expense on an accrual basis;


          2)A summary of the HOA's reserves;


          3)A summary of the reserve funding plan adopted by the board;


          4)A statement as to whether the board of directors (board),  
            consistent with the reserve funding plan, has determined or  
            anticipates that the levy of one or more assessments will be  
            required to repair, replace, or restore any major component or  
            to provide for adequate reserves;


          5)A statement as to how the board plans to fund the reserves to  
            repair or replace major components;


          6)A general statement describing the procedure used to calculate  
            and establish the reserves;


          7)A statement as to whether the HOA has any outstanding loans;


          8)A summary of the HAO's property, general liability,  
            earthquake, flood, and fidelity insurance policies.  


          9)The Assessment and Reserve Funding Disclosure Summary Form  
            prepared pursuant to Civil Code Section 5570. 


                                          (Civil Code Section 5300). 








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          FISCAL EFFECT:  None. 


          COMMENTS:  


           Background  :  There are over 50,220 CIDs in the state that  
          comprise over 4.8 million housing units, or approximately one  
          quarter of the state's housing stock.  CIDs include  
          condominiums, community apartment projects, housing  
          cooperatives, and planned unit developments.  They are  
          characterized by a separate ownership of dwelling space coupled  
          with an undivided interest in a common property, restricted by  
          covenants and conditions that limit the use of common area and  
          the separate ownership interests, and the management of common  
          property and enforcement of restrictions by a HOA. CIDs are  
          governed by the Davis Stirling Act (the Act) as well as the  
          governing documents of the HOA, including bylaws, declaration,  
          and operating rules.  CIDs are run by volunteer boards the  
          members of which may have little or no experience managing real  
          property or governing a nonprofit association and who must  
          interpret the complex laws regulating CIDs.   Boards must not  
          only interpret the law, but enforce the restrictions and rules  
          imposed by the governing documents and state law. 


          CIDs are required to provide homeowners with an annual budget  
          report thirty to ninety days before the end of the fiscal year.  
          The annual budget report must include among other things a pro  
          forma operating budget, a summary of the HOA's reserves, a  
          statement of any outstanding loans, and a summary of the HOA's  
          insurance policies. This bill would require the HOA to notify  
          the members as part of the annual budget report as to whether or  
          not the HOA is certified by FHA and VA. The HOA would not be  








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          required to be certified but rather simply notice the members  
          yearly of the status of the certification. 


           FHA and VA loan approval  :  Fifty-six percent of CIDs in the  
          state are formed as condominiums.  In order for a buyer to  
          qualify for an FHA loan for a condominium, the entire  
          condominium project must be certified by FHA.  According to the  
          FHA Website, "condo projects feature ownership of a portion of a  
          property rather a single buyer owning the entire property. Such  
          ownership requires agreements and covenants between the owners  
          to care for common areas, address issues that can affect the  
          entire building, and other concerns."  FHA publishes guidelines  
          to help sellers, buyers, and developers gain approval and be  
          listed on the FHA approved list.  Typically, developers apply  
          for this certification when a condominium is first constructed  
          and prior to selling all of the individual units.  Prior to  
          2010, developers applied for the FHA approval prior to selling  
          condominium units and the approval did not expire.  In response  
          to the foreclosure crisis, FHA put in place a certification  
          process to ensure that condominiums are financially stable and  
          managed properly.  Certification now lasts for two years at  
          which point the HOA must be re-certified.  Some condominiums  
          employ professional management companies who could apply for the  
          FHA certification.  There are also companies that an HOA can  
          hire who will apply for the FHA or VA certification on behalf of  
          the HOA.  A preliminary search by committee staff found several  
          companies that charged between $850 and $2000 to apply for the  
          certification from FHA.  The cost of certification, like all  
          other expenses of an HOA, would be paid for by the owners  
          through assessments.      


          FHA guidelines for condominiums include the following  
          requirements: 


           Projects consist of two units or more.
           Projects must be covered by hazard and liability insurance  








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            and, when applicable, flood insurance. 


           No more than 25% of the property's total floor area in a  
            project can be used for commercial purposes.  


           No more than 10% of the units may be owned by one investor.  


           No more than 15% of the total units can be in arrears (more  
            than 30 days past due) of their condominium association fee  
            payment.  


           At least 50% of the total units must be sold prior to  
            endorsement of any mortgage on a unit. 


           At least 50% of the units of a project must be owner-occupied  
            or sold to owners who intend to occupy the units.


           Purpose of this bill  :  According to the author, "a limited  
          number of HOAs in California are not certified by FHA. For some  
          prospective buyers, FHA approval status serves as a type of  
          stamp of approval, thus enhancing the value of properties within  
          the community.  Conversely, the loss of FHA approval risks  
          driving down the value of properties that any of the current  
          owners may wish to sell. And some real estate agents will not  
          even show their clients HOA homes which are not FHA approved.   
          In addition, the down payment required when a home loan is  
          insured by FHA, generally speaking, is lower than for a  
          conventional loan.  A more favorable interest rate on these loan  
          products may result in lower monthly payments as well. Before a  
          qualified homebuyer can use FHA financing to purchase an  
          individual home in an attached condominium project, the HOA  
          board of directors for the project must apply for and receive  
          approval for the entire project from the government entity."   








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           Arguments in support  :  The sponsor of this bill, the Orange  
          County Business Council, states that "generally speaking, the  
          down payment required when a home loan is insured by FHA or  
          guaranteed by VA is lower than that for a conventional loan, and  
          a more favorable interest rate on these loan products may result  
          in lower monthly payments as well. Statistics show that  
          approximately 60% of new homebuyers intend to use a FHA loan.  
          However, before a qualified home buyer can use either FHA or VA  
          financing to purchase an individual home in an attached  
          condominium project, the HOA board of directors for that project  
          must apply for and receive approval from?either FHA or VA that  
          is being asked to insure or guarantee the loan."  





          Arguments in opposition  :  The Educational Community for  
          Homeowners (ECHO) are opposed to AB 596 because it places  
          additional burdens on the boards of condominiums which are  
          comprised of volunteers who find the laws governing CIDs complex  
          and ever changing.  ECHO would remove their opposition if the  
          bill was amended to require the annual budget report to include  
          a statement informing the owners that there are FHA and VA Web  
          sites where they can ascertain whether or not the CID is FHA- or  
          VA- certified but not require the listing of the Web sites in  
          the report since those might change.   


          


          REGISTERED SUPPORT / OPPOSITION:












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          Support


          Orange County Business Council (sponsor) 


          California Association of Realtors




          Opposition


          Educational Community for Homeowners (ECHO) 




          Analysis Prepared by:Lisa Engel / H. & C.D. / (916) 319-2085