Homeowners Association: What You Should Know

HomeownerAssociationsWith many neighborhoods associated with a homeowners association, chances are that you may live in one.

When you move into a neighborhood with an association, you are agreeing to abide by certain rules, and you acknowledge that rule breakers may face financial consequences. Understanding the association’s rules and your rights and responsibilities as a homeowner will facilitate harmonious living.

Whether you call it a homeowners association, a community association, or a common interest community, these names can confuse new homeowners, but the concept of all three entities is similar:

  • The association is a legal entity registered with the state of Nevada and was created at the onset of your neighborhood’s construction.
  • Its responsibility is to maintain your neighborhood’s common areas.
  • It has the right to enforce deed restrictions on your home.

In Washington, associations have been established in newer neighborhoods and condominium and townhome developments. Your home may have more than one homeowners association if it’s located in a planned community.

Understand the Rule Book

Your association’s rules are found in the “Covenants, Conditions and Restrictions” (CC&Rs) and other governing documents. Per the law, the seller or builder provides you with these documents at the time of purchase, and they become part of your home’s title.

CC&Rs describe a variety of items, such as how residents are elected to your association board, meeting rules, dues, home maintenance requirements, pre-approvals for changes to your property, restrictions on your home’s use, and fines. They also describe the association’s responsibilities for the maintenance of common areas, like parks, pools, a gated entrance, or landscaping.

The rules can vary greatly by association. Some communities are age restricted and require residents to be of a minimum age. Others may designate a specific area for adults only, while others may provide a pre-approved desert paint palette that will prevent you from painting your craftsman-style home in neon polka dots. Some rules will prevent you from turning your home into a rental or will limit the number or size of pets. Fines of different amounts may be levied on those who do not follow the rules.

  • Because the rules can vary, it is essential to read and understand all CC&Rs before you buy your home.
  • If you do not agree with them, it is simple — do not buy in that neighborhood.

When Problems Arise

Problems can arise even when you understand the rules. Perhaps a neighbor files a complaint or you are notified of a possible violation. CC&Rs list the protocol for conflict resolution: who to contact and how to appeal a violation or fine.

Like policy-based governance, a homeowners association only has the rights that are set forth in its CC&Rs. They cannot make up new rules. If this kind of management concerns you, you may want to consider buying a single-family home where there are fewer, less stringent or no restrictions at all.

If I Could Buy The White House

the-white-house-is-for-sale_5064f21e76965

Splitting real estate in divorce

Complications arise when home is underwater

BY JACK GUTTENTAG

House dividedIf a couple is not married when they purchase a house, the possibility of a future split looms large, and they should agree before the purchase on how the house will be handled if it occurs. If they can’t agree on that, they should reconsider whether they want to live together.

If a couple is married when they purchase the house, the presumption is that they will remain together, and deciding on how they will divide the house if they split is the last thing they want to think about. Nonetheless, the issues that arise with a split are the same whether the split is anticipated beforehand or not. The difference is that agreement is much easier and less costly if done beforehand when the relationship is warm.

Selling the house is the way to a quick and clean break: The only issue is deciding how the proceeds are to be divided, although this can be quite contentious when it is not agreed upon beforehand. Unless the couple can agree to accept the judgment of a neutral third party, it will have to be delegated to lawyers to negotiate, at which points the costs begin to mount.

One approach a third party could use is to divide the net proceeds according to each party’s contribution to the equity in the house when it is sold.

Suppose, for example, that the couple paid $100,000 for a house, took a mortgage of $80,000, paid $20,000 down plus $3,000 in settlement costs, and sells it after five years when the loan balance is $74,000. Total contributions of the parties to equity in the house at the time of sale consist of $23,000 in cash at purchase, plus $6,000 in reducing the loan balance. If one party contributed 60 percent of the cash and paid 40 percent of the expenses, that party’s share of net proceeds would be [0.6(23,000) + 0.4(6,000)] divided by 29,000, or 56 percent.

When one party retains the house, it can get complicated: Very often one of the parties wants to remain in the house. In such case, the cleanest approach is to have the remaining party pay the departing party the latter’s share of the net property value. This requires that the remaining party have the cash needed for that purpose. The two parties must also agree on how their respective ownership shares are to be calculated, and how the house will be valued. Since the property is not being sold, its value must be based on an appraisal, which requires the parties to agree on who will select the appraiser, who will pay for it, and whether marketing costs will be deducted from the valuation.

A clean break also requires that the departing party be removed from any existing mortgage obligation. This means that the remaining party must have the income and credit required to refinance the mortgage in her own name.

When one party retains the house but cannot pay off the one who leaves: Usually, the party remaining in the house doesn’t have the money to pay off the party leaving the house. The more equity they have in the house, the more cash the resident party needs for that purpose. A home equity loan is not possible unless both parties become responsible, which is the last thing the departing party wants.

Taking the departing partner off the hook: In most cases that I encounter, the party leaving the house is less concerned with his claim to equity in the house than in obtaining relief from liability on the mortgage. Many departing parties believe erroneously that they are off the hook if the party remaining in the house agrees in writing to assume full responsibility for the mortgage. They overlook the fact that the lender is not a partner to their agreement. Departing partners remain liable for their mortgages unless the lender agrees to remove them.

Lenders have no incentive to remove one party from the mortgage. Some can be induced to do it if the partner remaining with the house has a perfect payment record and can document that they are solely responsible for the payments. But in the best situation this takes time, perhaps a year or longer.

The most equitable resolution: If I were drafting an agreement for a loved one, not knowing whether they were more likely to be the remaining or the departing party, it would grant the remaining party 14 months to make the settlement payment, and to remove the departing party from the mortgage. Otherwise, the house must be sold and the mortgage paid off.

Complications introduced by a declining market: If the house is worth less than the mortgage balance when the couple split, which is very possible if they purchased in 2005-2007 and split today, the options are grim. The house can’t be sold unless the parties pay the deficiency. If neither wants to remain in the house and make the payments, the alternative is foreclosure, which will destroy the credit of both parties. If one party wants to stay in the house and continue to make the payments, the party that leaves avoids foreclosure but will remain liable for the mortgage indefinitely.

The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com.

Home Prices Soar: Case-Shiller Index

This basically needs no explanation. Home prices are soaring.

On a year-over-year basis, Case-Shiller home prices surged by over 12.05%.

More impressive, the single-month gain of 1.7% was the strongest one-month gain in the history of the entire index.

S&P home prices JUNE 2013
Read more: http://www.businessinsider.com/chart-of-the-day-may-case-shiller-2013-6#ixzz2XMShoXtC

Rate Are On Their Way Up

This week, the FED has been very vocal. Not all the news has been received positively. Take a look at the impact the rise in rates has for a 30 year mortgage.

RatesAreClimbing

Healthiest Cities

After a large, large slump, the housing market is on the rebound. House prices are finally rising and a few markets appear to be headed in a strong and healthy direction for 2013. We are finally moving in a positive direction!

Today’s infographic profiles ten all-star cities, that are sitting pretty in the 2013 housing market. By analyzing median house and rent prices in cities with strong job markets and low vacancy rates, a solid list of cities emerge. This list is a great reference, with valuable information about each city and and plenty of financials to boot.

The list includes Seattle. I you are planning a move here, give today’s infographic a quick read! [Via]

healthy living

Top Reasons Renters Say They Want to Own

home ownershipA recent study by mortgage giant Fannie Mae showed that 90 percent of renters aspire to be home owners one day, and the top reason behind that desire is for the sense of gaining greater control over their living arrangements. 

The survey revealed the following top reasons why renters want to own:

  • “Control over what you do with your living space”: 84% of renters said this was their main desire for owning;
  • “Having a sense of privacy and security”: 80%
  • “Having the best investment plan”: 78%
  • “Having a good place for family or to raise your children”: 78%
  • “Living in a nicer home”: 71%
  • “Building wealth”: 70%
  • “Saving for retirement”: 69%

In the survey, renters identified the following reasons for why they are renting:

  • “Living within your budget”: 57%
  • “Having less stress”: 52%
  • “Making the best decision given the current economic climate”: 50%

Source: “Why It’s True: You Should Own, Not Rent,” TheStreet.com

Home Check for VA Buyers and Sellers

To finance a home with a VA loan, a property must pass the VA’s set of Minimum Property Requirements. The VA sets these standards to ensure that veterans are purchasing high-quality, move-in ready homes. Find out what to look for to ensure homes you’re interested in buying will meet the requirements. And if you’re trying to sell your home, find out some quick fixes that will increase your curb appeal and your sale price.

Home-check-IG

Buy or Rent: Which Makes More Sense Financially?

rent-buyEvery potential home buyer has to stop for at least a moment and consider this question. Today, we want to look at one of the many financial reasons to buy instead of rent: the housing expense moving forward.

According to the latest Existing Home Sales Report from the National Association of Realtors, the median sales price of a home in the U.S. is $184,300. The mortgage payment (principal & interest) on that purchase would be $661.89 assuming a 20% down payment and a 3.5% mortgage interest rate. Currently, the median asking rent in the U.S. according to the Census Bureau is $717 a month.

We realize that the two payments do not necessarily reflect the housing cost on a similar residence. However, that is not the point of the post. All we are saying is that the monthly housing expense on a median price home is $661.89 and the median rent is $717. We now want to discuss what will happen to these costs over time.

The principal and interest portion of the mortgage payment is locked in for the next 30 years. We know real estate taxes may be included in the payment and will increase to some degree over that time. We also acknowledge that the homeowner will have occasion to spend money on repairs. They also receive many tax advantages as a homeowner.

However, the actual monthly housing expense remains the same for the next 30 years.

Now, let’s look at what happens to a rent payment. The best thing to do to predict the future is to study the past. Here is a graph of the median asking rent since 1988 based on Census Bureau data:

Rents-1024x709

We believe rents will follow their historically pattern and increase dramatically over the next 30 years. Buyers have a choice: either lock in your housing expense or deal with the uncertainty of rental increases.