Our neighbors at the College of Dupage began a construction project along our easterly border this fall. According to the information at the COD website, this was described as a "2011 Parking Improvement Project."
This project began as a surprise, with no notice from the college to the association or management. When the construction fence went up, it raised questions. These included: what is the nature of the project and when would it be completed? According to the information provided at the request of the association and the COD website, this was to have been completed in October.
A meeting was arranged with the Project Manager and the association discovered that this project included a bermed retention pond, with trees, grass, etc.along our easterly border.
This was of concern to some of the residents and so a meeting was arranged. The college responded to a request to send a representative to attend one of our association meetings, but to my knowledge our board never received a reply to several questions that were raised during that meeting, as promised.
So, on December 3, what's the current status of the project? I went to the COD "Construction News" website this morning, and the first item was more of the brick throwing competition with the Village of Glen Ellyn:
"Village Responds to COD Overtures with Three Citations and Two Stop Work Orders
On the same day COD President Robert L. Breuder contacted Village of Glen Ellyn President Mark Pfefferman to develop an agreement for a smooth de-annexation process, the Village served the College with three citations and two stop-work orders."
Well that was of no help!
So, I went further into the construction information site and after reading through all of the "awards" and other propaganda (What does any of this have to do with "construction news?") I finally found this last item:
"2011 Parking Improvement Project
Phases I and II of the Parking Improvement Project will take place between July 11 and Nov. 15."
Going further into the labrinth of a website, I discovered this statement:
"In our continued effort to inform the COD community, Facilities Planning and Construction has issued this Official Communication to provide more detailed information regarding the 2011 Parking Improvement project.
Phase 1 Construction is anticipated to occur July 11 through Sept. 5. Phase 2 Construction is anticipated to occur Sept. 6 through Nov. 15. [See attached map for phase 1 and 2 locations.]"
Going to the map, yes there is "stage 1" right along our fence, with a note "Stage 1: Approximate dates of
construction: July 11 through September 5."
I continued to the COD "Master Plan" area of their website and clicked on the "Live Webcam" link.I thought, wow that will be neat! So I clicked and here's what I saw; apparently the webcam is out of action! However, after this image, there's a link and you can try accessing it, yourself:
Here's a Link to COD'S "Live Webcam."
Click Here for Live Webcam
So I returned to the COD website, went to the "Facilities Master Plan" area and then to the "Construction Projects" Page. Here is the list of current projects. The one along our easterly border with the college is not listed here, nor under "Current Projects
Construction" Here is what is listed:
ATHLETIC FIELDS #3/SOCCER FIELDS
BERG INSTRUCTIONAL CENTER, STUDENT RESOURCE CENTER AND COLLEGE CENTER ADDITION
CULINARY AND HOSPITALITY CENTER
HEALTH AND SCIENCE CENTER and TECHNICAL EDUCATION CENTER
LANDSCAPING IMPROVEMENT
HOMELAND SECURITY EDUCATION CENTER
McANINCH ARTS CENTER GRAPHIC ARTS RENOVATION
So, it seems the project of interest is completed? Not really. Here's a couple of photos taken on December 2. Note: clicking on the photos will enlarge them.
Notes:
1. Link to Naperville Sun article dated December 1:
Click for Article "college of dupage moves to leave glen ellyn"
2. Link for the Construction News information at the College of DuPage website:
http://home.cod.edu/newsEvents/constructionNews.aspx
3. Link to the current diagram at COD which shows various construction projects. You will note that the project shown in the photos above, is no longer on this diagram. That's interesting!
http://www.cod.edu/Maps/CampMap2.gif
Above: Intermittently, for a time, boards informed owners of association finances
Newsletter 2008 excerpt is an example of earlier board willingness to communicate with owners.
The boards of 2019-2021 prefer not to do so.
https://tinyurl.com/BLMH2021
Life and observations in a HOA in the Briarcliffe Subdivision of Wheaton Illinois
Best if viewed on a PC
"Briarcliffe Lakes Manor Homes" and "Briarcliffe Lakes Homeowners Association"
Updated Surplus Numbers
Average fees prior to 2019
Better budgeting could have resulted in lower fees
Saturday, December 3, 2011
Sunday, October 30, 2011
Housing - A Time to Buy?
Morningstar, a well known financial and investing website, has an article which might be of interest. At present, it does not require a log-in or subscription to access. The article is by Dr. David Kelly, chief market strategist and David M. Levowitz, market analyst, both for JP Morgan Funds. This is a link to the original article, but I'd suggest you read this post first:
Click for Morningstar- Housing- A Time to Buy?
The article subtitle is: "Home prices look downright cheap, not only from the perspective of mortgage rates and income, but also relative to the cost of renting or the cost of constructing a new home."
The article includes a few metrics I've found to be useful over the years. There are a number of charts in the article, and they are all somewhat interesting, in my opinion. It is important to remember the "all real estate is local." That means that to make generalities from articles such as the one at Morningstar, or to accept general statements, whether made by me here, or by a Realtor, may be asking for trouble. It's easy to quote out of context and to pick and choose information. Such an approach is considered to be intellectually dishonest. So, as a caveat, I suggest the reader who is interested, go to the Morningstar website and read the entire article, or do further research on their own, and then draw their own conclusion.
I do think generalities are somewhat useful. But I would never purchase anything because of generalities. For example, to say that "Long term, stocks are a good investment" is a truism and can be substantiated. However, I'd never purchase a stock in any company, or even a mutual fund, based solely on that statement. Why? Because it can also be stated that we have experienced "a lost decade in stocks." My point is, converting generalities to specifics may involve stretching the facts, misinterpretation, or being untruthful.
With that said, here are a few comments on the information contained in the article.
The authors state "Although the U.S. housing market remains extremely depressed, we believe that given current valuations and demographic dynamics, now may be the time to consider an investment in housing." They then go on to say "Few financial manias in history have had as devastating an economic impact as the American real estate bubble of the 2000s. From soaring boom to dismal and continuing bust, it has shipwrecked the financial plans of millions of American families, led to an absolute collapse in the construction industry and, through the magic of modern financial leverage, led to the biggest global recession since World War II."
It was too much of a good thing? Well, it does seem to have been a binge. Is the hangover now subsiding? I think there is some daylight. Nationally, revolving debt which was mostly credit card debt, peaked at over $22,000 per household. Recently it was reported to have dropped below $18,000. So it seems some households are slowly getting their financial 'house in order.' The dark side of this statistic comes with the realization that these are averages, and there is a possibility that for every household which is living with no revolving debt, there may be another with $36,000 in credit card and other revolving debt. Ouch! I do know that's a simplification of the statistics, but it is sobering. With the tightening of home mortgage standards, many households today cannot be qualified for a home mortgage, and with good reason.
However, there are also many households which do qualify. Mortgages are available, but will again require some financial wherewithal to qualify. Saving for a down payment is not repression. It's an opportunity to demonstrate that the homeowner has sufficient financial discipline and the income to pay for ownership, which is a long term commitment. Signing that mortgage is a promise to repay a debt. Or it was, until recently. Today, for the millions who most likely would qualify for a home mortgage, the question remains, is this an opportune time for a home or condo purchase? This post is one of a series which attempts to provide the reader with some insights into that question, and sources of possible answers.
Why do the authors state "A Time to Buy?"
Are the authors optimistic at this time? The authors look at several metrics, including these three; the first is affordability as a measure of the price of the housing compared to annual income. The lower, the more affordable. Second is percent annual income spent on housing, and again, the lower the more affordable. Third, monthly rent versus monthly mortgage payments, when comparing comparable properties. There are other metrics and they are included in the article, but I think these three are the most important.
According to the authors, since 1966, the median price of an existing single-family home in the U.S. has varied between 150% and 251% of personal income per household. However, roughly three-quarters of the time it has been in a relatively narrow band between 185% and 230%. In September 2011, the ratio was just 153%.
Of Specific Interest in the Article
One item of interest is "Chart A," which is a graph of average, per-household personal income and home prices over the period 1966 to the present. Comparing adjusted, average personal income to the price of housing gives a good indicator of the "affordability" of housing. That graph shows two housing bubbles. One occurred in the late 1970s and the other began in 2000 and peaked in 2006-7. I recall the exuberance of the early 1980s in DuPage country as depicted in the chart. That's when housing in south Wheaton and Naperville "took off." At the time of the bust, about 1984, there were partially completed houses sitting empty and fallow. That downturn was not nearly as nasty as the current one because it wasn't nearly as pronounced, housing was not overbuilt, as it is today, and households had no where near the current debt. The chart indicates that from about 1989-2001 was a good time to buy, with prices stable relative to income. The lowest period since 1989 was 2000-2001 which appears to have been an ideal time to buy. After 2001 housing prices soared, becoming less and less affordable until the "bubble burst" in 2008.
In 2001 a home was priced at about double the average annual personal income, or 190%. By 2006 it was about 250%. Today is the lowest on the chart, at about 153%. In other words, housing on a dollar basis, is implied to be a good investment today; the best since the chart began in 1966. This is based on median existing home prices.
"Chart B" indicates the mortgage paid as a percent of personal family income. That too, indicates that it is the lowest since the chart begins, in 1966. At 6.9% that is lower than the average 14.4% according to the authors. This can be attributed to the Federal Reserve policies and those of our government. For anyone who has accumulated some wealth, be it in certain annuities, in money market funds and CDs, etc. it is a conscious decision on the part of the government to slowly throttle your returns, and for retirees who live beyond certain social security and other pensions, this directly reduces your income and lifestyle.
Savers are being penalized by the government in an attempt to stimulate the economy and that include stimulate housing and the construction industry. That's the way the cookie crumbles, and if you, the reader don't like this, complain to your Congressman or woman, Senators and President Obama.
"Chart C" indicates another measure of affordability, and that is the cost to buy versus the cost to rent. Since 1988, the beginning of the chart, these two measures usually tracked. However, according to the chart, in 2008-9, the price of a monthly mortgage dropped substantially, thanks to the government policies, and today it is less costly to buy the median house than to rent that same house. The chart indicates rent is $694 per month and purchase is $590 per month. The difference, or $1248 per year, may not be sufficient to offset the real estate taxes. On the other hand, rent is money spent. A mortgage payment is money invested. There is a difference.
There are several other charts, but I found "Chart I" to be particularly interesting.
"Chart I" pertains to the percentage of mortgages which are greater than 90 days delinquent. This is of personal interest, because it's important to understand how a relatively few individuals caused this financial crisis. Currently, about 3.6% of all mortgages fall into this category. The chart peaked at about 5% in 2010. What does this mean for you and I, who I assume are current in our mortgages, and don't fall into this category? Well, I draw several conclusions. 1) Greater than 96% of all mortgages are current, or only slightly past due. 2) Since 1990, "home ownership" increased about 5% due to aggressive government policies. That is coincidentally about equal to the percentage of foreclosures in the US. 3) Of all homes in the US, about 32% are owned outright. That means that about 68% have mortgages, and that means that about 2.4% of the total homes in the US are distressed.
I suggest you read the article, and draw your own informed conclusions.
A Personal Perspective
The current 153% average, per-household personal income ratio to home prices is a very low value for this measurement. I personally used that measurement as a past indicator of an opportune time to purchase, and it is one of the reasons I did make my most recent decision to buy in 2001. At that time, the prices were about 180% and had dropped slightly to below the general prices for the previous 15 years, as compared to income. In hindsight, it was an ideal time to buy. Not because it was the lowest possible, but because it provided me with an opportunity to buy at a time which was very affordable. That, of course is very important. It is also why the authors make the statements they do. Will housing be less costly in the future? Who knows. However, the other two indicators, which are related to interest rates and to the price of rentals, also support the author's conclusions.
In the end, one has to live somewhere and there are advantages to owning as opposed to renting. Some advantages are lifestyle choices and others are financial. Both are important when making such a decision. Financially, the authors apparently think this is a historically good time to purchase housing. I do know there are others who think that housing prices will continue to decrease; in other words, they would say "it will be a better time tomorrow." However, will interest rates continue at this low rate? Already, inflation has increased. Will the Federal Reserve continue current policies? Can they continue current policies? They have pledged to keep rates low until mid 2013, but economic reality may interfere. Interest rates, and inflation have been below the long term historical averages; it is implied that this window of opportunity will close.
At present, it seems some potential buyers are having a problem because of tighter lending standards. It also seems true that there are also potential buyers who are sitting on the sidelines, waiting for even better prices. It's the old "wait for the lowest price to buy" and that dictum applies to real estate as well as to stocks. Of course, the problem is, one never knows the future, and to draw a comparison, in the relatively fast paced world of stocks, many financial advisers caution against attempts at market timing. In housing, even the experts, and that includes the National Association of Realtors, have been somewhat inaccurate with recent predictions. We all remember the rosy "this is the bottom" projections that the NAR has published in recent years.
I won't argue with the market timers, because I really don't know if this is the bottom of the housing market, which means the lowest possible prices, or not. Neither do they. However, pricing on websites such as Zillow.com seems to indicate that we have "bottomed out." Of course, we're attempting to talk rationally to buyers and sellers. That didn't work in 2003-2006 when the euphoria was "prices will just keep going up" and home purchasing became a bidding war. Today the opposite is true, and now it's "prices will just keep falling." I realize we're dealing with human nature here, and some of these are the same people who sometimes purchase lottery tickets, fully expecting to win, when the odds are such that it's much more likely that they today will die in an automobile accident (assuming they get into a car) or die of food poisoning, or even be struck by a bolt of lightening, than win the lottery. So you see the problem, and you now understand why I avoid certain arguments.
I do see some good in the current situation. From 2003 to 2006 there were an awful lot of people who purchased because of the prevailing attitude "you've just got to own a home." That was, and is, nonsense. For a time, too many people fell for the rhetoric, and many apparently weren't financially or emotionally ready to be owners, but piled into the housing market, anyway. Today, there is just a bit more sanity. Not 100%, as the promotions I get for "5/1 ARMs" seems to hint. I mean, after all the wealth destruction caused by the recent housing meltdown and defaults, you would think the government would be a bit more cautious, but some of the dim bulbs in Congress have been pressing Edward DeMarco, the acting director of the Federal Housing Finance Agency, to loosen up lending standards. The FHFA regulates Fannie Mae and Freddie Mac, which it is expected will require about $250 billion in total to cover failed mortgages; only one-quarter of a $Trillion. I guess that simply isn't enough failed mortgages, so our representatives want more. I don't know if Congress and the Obama Administration will succeed in their aims. Recent history indicates that standards will remain tight for new borrowers, and government financial firepower will be directed at existing mortgages which are in trouble. So new buyers may be on their own.
If you believe housing is awful, then don't buy; you can rent forever, and your landlord can pocket the profits. In south Wheaton, rents this year are up about 9.5%. However, if you consider housing a useful alternative to renting and a prudent means to assist you in building long-term wealth, then this may a good time to consider such a purchase. It is also true that about 30% of home sales in the US are from "bottom fishers" who are buying distressed properties. Some of these new "home owners" will either be happy with their lowball purchases, or will be a new wave of slum landlords. Which is true? Time will tell!
Enough for Generalities, here's a 'real world' example
I'm glad I purchased in 2001, and that probably colors my perspective. But facts are facts, and as I have stated in previous posts, housing ownership is a long term purchase, and that's how I've approached it, each time I have purchased. It should be compared to the price of equivalent rental, and also to the possible advantages. My spouse did not like renting. We had some interesting experiences, including an owner who didn't like to spend money on snow plowing. So we and our neighbors had to shovel out the apartment parking lot several times, so we could drive to work. We discovered he and his spouse would 'disappear' for a few weeks each winter; apparently they were in Florida. From time to time, if a renter had a problem, we were on our own. I have learned that finding a good landlord can be as difficult as finding a good tenant. At the time, we deliberately went with a "less desirable" rental, and had been saving the difference between renting and owning, with intention that if we decided to again purchase a home, or decided to go "upscale" and rent a much better apartment or home, we would have the funds to do that. It was a good idea, as it provided an opportunity when the time came.
When we did decide to consider a home or condo purchase, we weren't 100% enthusiastic. We understood the financial consequences, and some of the risks. Here at BLMH, after reading all of the governing documents, and the financials, we had some real doubts. On the other hand, just about everything we looked at was a trade-off. So we categorized the risks and established some priorities. That made it easier to make a rational decision which we could live with.
My spouse DID NOT like our unit when we first saw it. The problem was the kitchen. I told her "I can fix this" and I made the promise and the commitment to do so, and I did just that. Now, 10 years later, after a "lost decade" in stocks, she is quite satisfied with the financial and lifestyle outcome. She has come to really like South Wheaton, and the proximity to stores and shopping, both here and at Yorktown and Oak Brook Malls.
True, we could have invested that money into stocks, or into bonds, or our local bank, and continued renting and dealing with landlords. But that rent would have been gone. How much rent? Probably about $144,000 as of last year. For comparison, my condo is worth about what I paid for it when I purchased it, and possibly more. I'm not unique. Many home or condo purchases prior to 2003 are today worth a dollar amount equal to that paid, not accounting for inflation.
If I compare the cost of purchase plus fees plus real estate taxes to rent, it indicates I've saved about $8,300 on the average, each year, as opposed to renting. That's not a huge amount, but if it were possible to put it in the bank each year, it would amount to $83,000. That's a nice chunk of change. It also seems that even in this "distressed market" it's likely I'll get back 100% of what I paid for the unit, when I sell (or if, and I expect at some time in the future I will sell). So was this a "bad" investment? I don't think so.
According to the data in the article, the financial situation is even better today than it was in 2001. So today's potential home buyer is in an even better situation than I was 10 years ago.
Will this be so in the future? Who knows. But I do agree with the authors of the article at Morningstar, that this is a good time to look at the possibilities of ownership.
Click for Morningstar- Housing- A Time to Buy?
The article subtitle is: "Home prices look downright cheap, not only from the perspective of mortgage rates and income, but also relative to the cost of renting or the cost of constructing a new home."
The article includes a few metrics I've found to be useful over the years. There are a number of charts in the article, and they are all somewhat interesting, in my opinion. It is important to remember the "all real estate is local." That means that to make generalities from articles such as the one at Morningstar, or to accept general statements, whether made by me here, or by a Realtor, may be asking for trouble. It's easy to quote out of context and to pick and choose information. Such an approach is considered to be intellectually dishonest. So, as a caveat, I suggest the reader who is interested, go to the Morningstar website and read the entire article, or do further research on their own, and then draw their own conclusion.
I do think generalities are somewhat useful. But I would never purchase anything because of generalities. For example, to say that "Long term, stocks are a good investment" is a truism and can be substantiated. However, I'd never purchase a stock in any company, or even a mutual fund, based solely on that statement. Why? Because it can also be stated that we have experienced "a lost decade in stocks." My point is, converting generalities to specifics may involve stretching the facts, misinterpretation, or being untruthful.
With that said, here are a few comments on the information contained in the article.
The authors state "Although the U.S. housing market remains extremely depressed, we believe that given current valuations and demographic dynamics, now may be the time to consider an investment in housing." They then go on to say "Few financial manias in history have had as devastating an economic impact as the American real estate bubble of the 2000s. From soaring boom to dismal and continuing bust, it has shipwrecked the financial plans of millions of American families, led to an absolute collapse in the construction industry and, through the magic of modern financial leverage, led to the biggest global recession since World War II."
It was too much of a good thing? Well, it does seem to have been a binge. Is the hangover now subsiding? I think there is some daylight. Nationally, revolving debt which was mostly credit card debt, peaked at over $22,000 per household. Recently it was reported to have dropped below $18,000. So it seems some households are slowly getting their financial 'house in order.' The dark side of this statistic comes with the realization that these are averages, and there is a possibility that for every household which is living with no revolving debt, there may be another with $36,000 in credit card and other revolving debt. Ouch! I do know that's a simplification of the statistics, but it is sobering. With the tightening of home mortgage standards, many households today cannot be qualified for a home mortgage, and with good reason.
However, there are also many households which do qualify. Mortgages are available, but will again require some financial wherewithal to qualify. Saving for a down payment is not repression. It's an opportunity to demonstrate that the homeowner has sufficient financial discipline and the income to pay for ownership, which is a long term commitment. Signing that mortgage is a promise to repay a debt. Or it was, until recently. Today, for the millions who most likely would qualify for a home mortgage, the question remains, is this an opportune time for a home or condo purchase? This post is one of a series which attempts to provide the reader with some insights into that question, and sources of possible answers.
Why do the authors state "A Time to Buy?"
Are the authors optimistic at this time? The authors look at several metrics, including these three; the first is affordability as a measure of the price of the housing compared to annual income. The lower, the more affordable. Second is percent annual income spent on housing, and again, the lower the more affordable. Third, monthly rent versus monthly mortgage payments, when comparing comparable properties. There are other metrics and they are included in the article, but I think these three are the most important.
According to the authors, since 1966, the median price of an existing single-family home in the U.S. has varied between 150% and 251% of personal income per household. However, roughly three-quarters of the time it has been in a relatively narrow band between 185% and 230%. In September 2011, the ratio was just 153%.
Of Specific Interest in the Article
One item of interest is "Chart A," which is a graph of average, per-household personal income and home prices over the period 1966 to the present. Comparing adjusted, average personal income to the price of housing gives a good indicator of the "affordability" of housing. That graph shows two housing bubbles. One occurred in the late 1970s and the other began in 2000 and peaked in 2006-7. I recall the exuberance of the early 1980s in DuPage country as depicted in the chart. That's when housing in south Wheaton and Naperville "took off." At the time of the bust, about 1984, there were partially completed houses sitting empty and fallow. That downturn was not nearly as nasty as the current one because it wasn't nearly as pronounced, housing was not overbuilt, as it is today, and households had no where near the current debt. The chart indicates that from about 1989-2001 was a good time to buy, with prices stable relative to income. The lowest period since 1989 was 2000-2001 which appears to have been an ideal time to buy. After 2001 housing prices soared, becoming less and less affordable until the "bubble burst" in 2008.
In 2001 a home was priced at about double the average annual personal income, or 190%. By 2006 it was about 250%. Today is the lowest on the chart, at about 153%. In other words, housing on a dollar basis, is implied to be a good investment today; the best since the chart began in 1966. This is based on median existing home prices.
"Chart B" indicates the mortgage paid as a percent of personal family income. That too, indicates that it is the lowest since the chart begins, in 1966. At 6.9% that is lower than the average 14.4% according to the authors. This can be attributed to the Federal Reserve policies and those of our government. For anyone who has accumulated some wealth, be it in certain annuities, in money market funds and CDs, etc. it is a conscious decision on the part of the government to slowly throttle your returns, and for retirees who live beyond certain social security and other pensions, this directly reduces your income and lifestyle.
Savers are being penalized by the government in an attempt to stimulate the economy and that include stimulate housing and the construction industry. That's the way the cookie crumbles, and if you, the reader don't like this, complain to your Congressman or woman, Senators and President Obama.
"Chart C" indicates another measure of affordability, and that is the cost to buy versus the cost to rent. Since 1988, the beginning of the chart, these two measures usually tracked. However, according to the chart, in 2008-9, the price of a monthly mortgage dropped substantially, thanks to the government policies, and today it is less costly to buy the median house than to rent that same house. The chart indicates rent is $694 per month and purchase is $590 per month. The difference, or $1248 per year, may not be sufficient to offset the real estate taxes. On the other hand, rent is money spent. A mortgage payment is money invested. There is a difference.
There are several other charts, but I found "Chart I" to be particularly interesting.
"Chart I" pertains to the percentage of mortgages which are greater than 90 days delinquent. This is of personal interest, because it's important to understand how a relatively few individuals caused this financial crisis. Currently, about 3.6% of all mortgages fall into this category. The chart peaked at about 5% in 2010. What does this mean for you and I, who I assume are current in our mortgages, and don't fall into this category? Well, I draw several conclusions. 1) Greater than 96% of all mortgages are current, or only slightly past due. 2) Since 1990, "home ownership" increased about 5% due to aggressive government policies. That is coincidentally about equal to the percentage of foreclosures in the US. 3) Of all homes in the US, about 32% are owned outright. That means that about 68% have mortgages, and that means that about 2.4% of the total homes in the US are distressed.
I suggest you read the article, and draw your own informed conclusions.
A Personal Perspective
The current 153% average, per-household personal income ratio to home prices is a very low value for this measurement. I personally used that measurement as a past indicator of an opportune time to purchase, and it is one of the reasons I did make my most recent decision to buy in 2001. At that time, the prices were about 180% and had dropped slightly to below the general prices for the previous 15 years, as compared to income. In hindsight, it was an ideal time to buy. Not because it was the lowest possible, but because it provided me with an opportunity to buy at a time which was very affordable. That, of course is very important. It is also why the authors make the statements they do. Will housing be less costly in the future? Who knows. However, the other two indicators, which are related to interest rates and to the price of rentals, also support the author's conclusions.
In the end, one has to live somewhere and there are advantages to owning as opposed to renting. Some advantages are lifestyle choices and others are financial. Both are important when making such a decision. Financially, the authors apparently think this is a historically good time to purchase housing. I do know there are others who think that housing prices will continue to decrease; in other words, they would say "it will be a better time tomorrow." However, will interest rates continue at this low rate? Already, inflation has increased. Will the Federal Reserve continue current policies? Can they continue current policies? They have pledged to keep rates low until mid 2013, but economic reality may interfere. Interest rates, and inflation have been below the long term historical averages; it is implied that this window of opportunity will close.
At present, it seems some potential buyers are having a problem because of tighter lending standards. It also seems true that there are also potential buyers who are sitting on the sidelines, waiting for even better prices. It's the old "wait for the lowest price to buy" and that dictum applies to real estate as well as to stocks. Of course, the problem is, one never knows the future, and to draw a comparison, in the relatively fast paced world of stocks, many financial advisers caution against attempts at market timing. In housing, even the experts, and that includes the National Association of Realtors, have been somewhat inaccurate with recent predictions. We all remember the rosy "this is the bottom" projections that the NAR has published in recent years.
I won't argue with the market timers, because I really don't know if this is the bottom of the housing market, which means the lowest possible prices, or not. Neither do they. However, pricing on websites such as Zillow.com seems to indicate that we have "bottomed out." Of course, we're attempting to talk rationally to buyers and sellers. That didn't work in 2003-2006 when the euphoria was "prices will just keep going up" and home purchasing became a bidding war. Today the opposite is true, and now it's "prices will just keep falling." I realize we're dealing with human nature here, and some of these are the same people who sometimes purchase lottery tickets, fully expecting to win, when the odds are such that it's much more likely that they today will die in an automobile accident (assuming they get into a car) or die of food poisoning, or even be struck by a bolt of lightening, than win the lottery. So you see the problem, and you now understand why I avoid certain arguments.
I do see some good in the current situation. From 2003 to 2006 there were an awful lot of people who purchased because of the prevailing attitude "you've just got to own a home." That was, and is, nonsense. For a time, too many people fell for the rhetoric, and many apparently weren't financially or emotionally ready to be owners, but piled into the housing market, anyway. Today, there is just a bit more sanity. Not 100%, as the promotions I get for "5/1 ARMs" seems to hint. I mean, after all the wealth destruction caused by the recent housing meltdown and defaults, you would think the government would be a bit more cautious, but some of the dim bulbs in Congress have been pressing Edward DeMarco, the acting director of the Federal Housing Finance Agency, to loosen up lending standards. The FHFA regulates Fannie Mae and Freddie Mac, which it is expected will require about $250 billion in total to cover failed mortgages; only one-quarter of a $Trillion. I guess that simply isn't enough failed mortgages, so our representatives want more. I don't know if Congress and the Obama Administration will succeed in their aims. Recent history indicates that standards will remain tight for new borrowers, and government financial firepower will be directed at existing mortgages which are in trouble. So new buyers may be on their own.
If you believe housing is awful, then don't buy; you can rent forever, and your landlord can pocket the profits. In south Wheaton, rents this year are up about 9.5%. However, if you consider housing a useful alternative to renting and a prudent means to assist you in building long-term wealth, then this may a good time to consider such a purchase. It is also true that about 30% of home sales in the US are from "bottom fishers" who are buying distressed properties. Some of these new "home owners" will either be happy with their lowball purchases, or will be a new wave of slum landlords. Which is true? Time will tell!
Enough for Generalities, here's a 'real world' example
I'm glad I purchased in 2001, and that probably colors my perspective. But facts are facts, and as I have stated in previous posts, housing ownership is a long term purchase, and that's how I've approached it, each time I have purchased. It should be compared to the price of equivalent rental, and also to the possible advantages. My spouse did not like renting. We had some interesting experiences, including an owner who didn't like to spend money on snow plowing. So we and our neighbors had to shovel out the apartment parking lot several times, so we could drive to work. We discovered he and his spouse would 'disappear' for a few weeks each winter; apparently they were in Florida. From time to time, if a renter had a problem, we were on our own. I have learned that finding a good landlord can be as difficult as finding a good tenant. At the time, we deliberately went with a "less desirable" rental, and had been saving the difference between renting and owning, with intention that if we decided to again purchase a home, or decided to go "upscale" and rent a much better apartment or home, we would have the funds to do that. It was a good idea, as it provided an opportunity when the time came.
When we did decide to consider a home or condo purchase, we weren't 100% enthusiastic. We understood the financial consequences, and some of the risks. Here at BLMH, after reading all of the governing documents, and the financials, we had some real doubts. On the other hand, just about everything we looked at was a trade-off. So we categorized the risks and established some priorities. That made it easier to make a rational decision which we could live with.
My spouse DID NOT like our unit when we first saw it. The problem was the kitchen. I told her "I can fix this" and I made the promise and the commitment to do so, and I did just that. Now, 10 years later, after a "lost decade" in stocks, she is quite satisfied with the financial and lifestyle outcome. She has come to really like South Wheaton, and the proximity to stores and shopping, both here and at Yorktown and Oak Brook Malls.
True, we could have invested that money into stocks, or into bonds, or our local bank, and continued renting and dealing with landlords. But that rent would have been gone. How much rent? Probably about $144,000 as of last year. For comparison, my condo is worth about what I paid for it when I purchased it, and possibly more. I'm not unique. Many home or condo purchases prior to 2003 are today worth a dollar amount equal to that paid, not accounting for inflation.
If I compare the cost of purchase plus fees plus real estate taxes to rent, it indicates I've saved about $8,300 on the average, each year, as opposed to renting. That's not a huge amount, but if it were possible to put it in the bank each year, it would amount to $83,000. That's a nice chunk of change. It also seems that even in this "distressed market" it's likely I'll get back 100% of what I paid for the unit, when I sell (or if, and I expect at some time in the future I will sell). So was this a "bad" investment? I don't think so.
According to the data in the article, the financial situation is even better today than it was in 2001. So today's potential home buyer is in an even better situation than I was 10 years ago.
Will this be so in the future? Who knows. But I do agree with the authors of the article at Morningstar, that this is a good time to look at the possibilities of ownership.
Saturday, October 8, 2011
Have the Fundamentals of Condo Ownership Changed?
I don't think the fundamental rules of house or condominium ownership have changed. Ownership always should have been about affordability, which is about making a choice between renting or owning and making the financial decisions required by those two modes of living. In recent years, those who can consider buying has changed, primarily because house and condominium ownership is now considered a long term venture. That makes highly financed, short term purchase difficult or impossible, and has raised the bar on financial requirements for ownership. Condominium ownership makes sense for a lot of people, but not for everyone. This might be for the better in condominium associations.
Today, lenders may again require the ability to demonstrate sufficient stability and financial wherewithal to meet the obligations of the loan and ownership for a number of years. Certainly, the home ownership calculators I have used indicate that ownership for less than 5-6 years with modest appreciation is the minimum break even when compared to renting. However, during the "housing bubble" home buying became gambling. The gamble of the owner was the ability to flip out before all of the appliances broke or significant maintenance was required, and move into something else, with minimal additional cost. It was musical chairs and there was an illusion of little risk. How wrong the experts were!
Condominiums continue to be a viable option for home ownership, especially for those looking to downsize, or younger people who won't or can't get involved in the maintenance issues. With an aging population, there should be a lot of people who do want to downsize. The problem according to some experts, is a housing market in which they can't easily sell their current home. However, the state of the housing market is not the consideration of this post.
Condominium ownership isn't for everyone. There are trade-offs for achieving the benefit of minimal maintenance by the condominium owner. Some maintenance is required by the owner, in particular for their unit and the "elements" for which they are entirely responsible, and the cost of such is entirely by the owner. A condominium unit is not an apartment with a superintendent, and the board and management are not substitutes. When purchasing a condominium, the new owner gives up most maintenance and specifically exterior maintenance and upkeep headaches. In exchange, the owner surrenders some self determination. True, the owner can decorate and within the rules, can remodel the kitchen or bath, paint, alter the type of flooring or carpeting, and get the satellite TV of his or her choice. Modifications to walls, etc, may carry risks to roof or building supports and such improvements or alterations require association approval. Such approval is not guaranteed.
That wonderful view from the patio may change over time. As the trees mature, the canopy may spread and become more dense and grass in new shade may become more sparse. Mature trees will age, and may die or require extreme pruning or removal. The replacement will certainly not be a mature, 20 year old tree! Those and many other decisions are carried out by the board, which is looking at maintaining the entire association with the fees collected. Is it fair? Well, if you purchase a unit and two or three years later the building in which your unit resides receives a new roof, how was that paid for? Certainly the fees paid by you were inadequate. The fees of all owners, over a period of years, were accumulated in reserves so roofs can be replaced on all buildings. It is immaterial if an owner has been on the property for one year or twenty.
If you had purchased a house, the cost of such re-roofing would be your responsibility. You would have to save or get a second mortgage in order to pay for it. So for the condominium owner in "manor style" homes, there is a real advantage to living in a large community in which all contribute. That is a fundamental requirement in condominiums. All owners are equal and all must pay their fees. Failure puts an unfair burden on the other owners. So condominium owners have a real interest in the financial well being and capacity of their neighbors. Any owner who is over extended, is a risk to the financial health, stability and maintenance of the association. Long term owners have the knowledge and financial experience gained while living in the association. New owners don't have that benefit.
Other maintenance and operation expenses are paid for with the monthly fees to support them. As costs increase, so do the fees. When, or if, fees increase there is no choice for the owner. After a few years, even newer owners, who apparently are caught unawares or ill prepared, may complain "our fees are too high!"
In a condominium association, most units are similar, or there are only a few choices in floor-plans. At BLMH, there are a variety of views, from water to lake to green-space, and there are choices including first floor patio with walking to the green, or second floor and possibly better security, and different floor plans. Some of those differences are a matter of preference, and so it's up to individual buyers to decide that preference. But the interior basics because of floor plans, are similar.
When an owner decides to sell, there may be several competitive units also for sale. So amenities and improvements, the condition of the interior, age of furnace and appliances and so on, may all have an impact not only on the selling price, but also for how long a unit may be on the market. Owners who are attempting to sell a unit are competing with their neighbors, who share similar units, and are also selling. So what can an owner do? One thing is keep the unit up to date without overspending. That's been my personal preference and I get the benefits of enjoying the upgrades as I install them. I also have an opinion that incremental improvements are easier on the pocket book and provide choices. I'd never want to be in the situation of an aging furnace, hot water heater, and other potentials for problems, all at the same time. These are however, personal decisions, which are a benefit to the owner in a condominium; there are some decisions we can make and others we cannot.
What about the finances of condominium ownership?
The financial decision includes not only the basic purchase price, but also the cost of servicing the loan, taxes, fees and other owner paid unit maintenance. In the current real estate market, one of the reasons some house owners are squirming is because they are now living in older properties requiring exterior maintenance, and possibly with high debt load, or appliances from furnaces and air conditioners to hot water heaters, stove and microwaves all aging and in a few cases, falling apart. And many don't have the financial wherewithal to pay for these things. Some didn't save enough. Others never did and never intended to. So they didn't plan or prepare adequately. Home owners now say "I never thought it would get this bad."
The good news for owners in our association is, the association is doing some of that planning and preparation for us. House owners who did not save for major exterior repairs, are not as fortunate as we are. If an association is run reasonably well, and there are no catastrophes, then fees collected and saved as reserves will handle those big ticket items, such as roofs, driveways, entryway improvements, etc.
When considering condominium ownership, it's prudent to not only include the cost of real estate, taxes, insurance and association fees, but to also consider the maintenance cost of the amenities of the owner's unit, including major appliances, the furnace and air conditioning, and hot water heater and even bathroom vent fans. These will age and over time will require repair and/or replacement. I've put together and posted a budget elsewhere in this blog. It might be a bit of a shocker, if a condominium owner thinks they are living in an apartment. The real issue is determining how long things will last, which is to say, at what time should certain items be replaced. That in turn, determines how much I should be putting in a cookie jar to handle these repair and replacement items. Of course, a loan may be an alternative, and furnaces can be paid over time. Another way to look at this is, if at the time of purchase there is a possibility to live here for a decade or more, it would seem to be prudent to plan on paying for some of the maintenance or replacement of the stuff included in "my" unit.
The good news is, in our association, exterior maintenance is the association's responsibility, with the exception of cleaning the patio and optional painting of patios between normal cycles. There's minimal snow shoveling (e.g. individual patios) and snow melt by owners. Other normal exterior maintenance is by the association, including gutter cleaning, tree trimming, lawn care, exterior painting, etc.
However, if an owner doesn't plan on maintaining the remaining things that are integral and included in their unit, including some of the plumbing or even the electrical wiring and fixtures, then when problems do occur, it can be difficult or a surprise.
A problem for some owners is the realization that when one purchases a condo, one gives up most of the maintenance and upkeep headaches in exchange for losing financial and other self determination. Exterior maintenance is by the association. Owners can advise management of problems or issues, but the determination of the "when and how" of exterior maintenance is out of the individual owner's hands. There are monthly association fees to be paid, and if the association increases them, there is no choice for the owner. It's great to live on 40 acres with two lakes, manicured and landscaped grounds, hundreds of trees, waterfalls, central patios and walking paths. But those too have to be maintained, and operating costs do increase from year to year, even if only by 1%. If electricity goes up, fees for lighting, etc. must go up to accommodate this. If gasoline prices go up, so does the costs of maintenance and landscaping. Etc., etc., etc.
Real estate taxes have also increased and even with a terrible economy, in the three recent years, taxes went up by 5.4%, 3.7% and 1.3%. That's something an owner needs to budget for. In a terrible economy, those future wage increases may be smaller than expected. Ditto if that Adjustable Rate Mortgage, or ARM does in fact, adjust upwards. So how does one pay pay for these cost increases? After a few years, even newer owners, who may be caught unawares or ill prepared, may complain "our fees are too high!"
One of the advantages at BLMH is a lack of special assessments. This is due to good management and financial planning. But things can go wrong, and it is possible for unforeseen or unanticipated events to occur. If they do, a special assessment may someday in the future be a necessity. I have friends, who have owned condos in other associations and they have received a special assessment. I have not, to date!
To special assess or not, may also be the result of long term board philosophy. I know owners who don't like fee increases to cover reserves. The alternative is worse, in my opinion, and would require assessments from time to time. Some associations seem to prefer such assessments, or may be unable to avoid them. Everyone does their best, but outcomes are not guaranteed. The skills sets of managers and boards have considerable variation.
For a comparison, when owning a house, it's possible for the owner to defer certain maintenance if their personal financial situation won't allow it, or if the owner decides to put their money elsewhere. As a house owner, one can patch the roof indefinitely, let the driveway degrade, paint rotting wood and generally let the property go into ruin. A house owner can choose to ignore the Americans with Disabilities Act. Condo boards are required, as fiduciaries to maintain the property 'within reason' and associations are held to a higher standard than are individual homeowners.
The bottom line for me
I purchased a condominium about 10 years ago. Am I glad I did? Yes, overall I am!
Prior to that I was once a homeowner, and I rented apartments for several years while debating a condominium purchase and looked for an acceptable association. So I have had a range of experiences.
It is true that in the past 10 years the fees have increased, and it is also true that the association isn't perfect. However, I've been able to keep my financial head above water, and I've also been able to say my unit was a good purchase, as in "a wonderful place to live for the past 10 years."
Am I happy with the current situation and the economy in the U.S.? Of course not. It's been very difficult for many, and I've experienced the consequences of it. But one has to live somewhere, and all of those alternatives have pros and cons. Life is imperfect, and so is house or condo ownership, in my experience. I should also say that I have had reasonable expectations. If my expectations were unreasonable, as in "no fee increases" or "fee increases of 1% forever" and no maintenance issues, perfect neighbors, a forever spiraling real estate boom with ever increasing home values, etc., etc. then I would probably be unhappy today. I assume "unreasonable expectations" is why so many people in the popular press are unhappy. Of course, I suppose one could choose to make the argument that their personal expectations are reasonable, and that life and the economy are unfair.
Could I sell today for more than I paid for my unit?
That's one of the measures of success in real estate, some people tell me. The personal answer is difficult to say, because the simple question is "would today's sale price, after Realtor commission be more than the price of purchase?" However, to be realistic and honest, I should compare the price of rental of an equivalent unit with indoor and close parking for the past 10 years to the price paid including fees and real estate taxes. Of course, there is also the "cost of money and inflation." There are also intangible benefits. We not only have the benefit of the park across the street, the grounds, parking, etc. but we also got the ability to upgrade the kitchen to something we considered acceptable, and painted and did other improvements to our liking. I couldn't do that in the apartments I looked at, and we really like our kitchen and the views. In fact, I have an award winning gardening friend, and she loves the views I have, including from the kitchen window and the living room. I doubt I could have matched that in a rental; I certainly tried. So what are those views, the trees, and so on, worth to me? Ditto for the proximity to the college nearby. These are personal perspectives and we each have an answer for what we want. For example, in Chicago, there are condo owners who have a wonderful view of the lake, or Grant Park, or both! They are paying for that location and view.
I will say this. At the time I purchased, I included what I believed were realistic fee increases over the next decade in my purchase decision, and real estate taxes with modest increases. I also included the cost of certain anticipated improvements and possible maintenance items (such as a new water heater).
To date, when comparing buy versus rent, I can say that I have saved enough "rent" to pay for the cost of ownership to date and the improvements I have made. I will also say that I didn't use the Zillow rental estimate, but compared the price of more basic and lower cost rental units. Note: Zillow wasn't available as I recall in 2001. One of my favorite calculators is as the New York Times, and it has improved with age:
Link to New York Times buy-rent-calculator
Disclaimer
It's important for each and every one to honestly evaluate their personal financial situation. It's also important to do your homework thoroughly when considering any condominium purchase. This blog is neither an endorsement nor a recommendation for a lifestyle or an association. It is a statement of my experiences, perspective and opinions.
Today, lenders may again require the ability to demonstrate sufficient stability and financial wherewithal to meet the obligations of the loan and ownership for a number of years. Certainly, the home ownership calculators I have used indicate that ownership for less than 5-6 years with modest appreciation is the minimum break even when compared to renting. However, during the "housing bubble" home buying became gambling. The gamble of the owner was the ability to flip out before all of the appliances broke or significant maintenance was required, and move into something else, with minimal additional cost. It was musical chairs and there was an illusion of little risk. How wrong the experts were!
Condominiums continue to be a viable option for home ownership, especially for those looking to downsize, or younger people who won't or can't get involved in the maintenance issues. With an aging population, there should be a lot of people who do want to downsize. The problem according to some experts, is a housing market in which they can't easily sell their current home. However, the state of the housing market is not the consideration of this post.
Condominium ownership isn't for everyone. There are trade-offs for achieving the benefit of minimal maintenance by the condominium owner. Some maintenance is required by the owner, in particular for their unit and the "elements" for which they are entirely responsible, and the cost of such is entirely by the owner. A condominium unit is not an apartment with a superintendent, and the board and management are not substitutes. When purchasing a condominium, the new owner gives up most maintenance and specifically exterior maintenance and upkeep headaches. In exchange, the owner surrenders some self determination. True, the owner can decorate and within the rules, can remodel the kitchen or bath, paint, alter the type of flooring or carpeting, and get the satellite TV of his or her choice. Modifications to walls, etc, may carry risks to roof or building supports and such improvements or alterations require association approval. Such approval is not guaranteed.
That wonderful view from the patio may change over time. As the trees mature, the canopy may spread and become more dense and grass in new shade may become more sparse. Mature trees will age, and may die or require extreme pruning or removal. The replacement will certainly not be a mature, 20 year old tree! Those and many other decisions are carried out by the board, which is looking at maintaining the entire association with the fees collected. Is it fair? Well, if you purchase a unit and two or three years later the building in which your unit resides receives a new roof, how was that paid for? Certainly the fees paid by you were inadequate. The fees of all owners, over a period of years, were accumulated in reserves so roofs can be replaced on all buildings. It is immaterial if an owner has been on the property for one year or twenty.
If you had purchased a house, the cost of such re-roofing would be your responsibility. You would have to save or get a second mortgage in order to pay for it. So for the condominium owner in "manor style" homes, there is a real advantage to living in a large community in which all contribute. That is a fundamental requirement in condominiums. All owners are equal and all must pay their fees. Failure puts an unfair burden on the other owners. So condominium owners have a real interest in the financial well being and capacity of their neighbors. Any owner who is over extended, is a risk to the financial health, stability and maintenance of the association. Long term owners have the knowledge and financial experience gained while living in the association. New owners don't have that benefit.
Other maintenance and operation expenses are paid for with the monthly fees to support them. As costs increase, so do the fees. When, or if, fees increase there is no choice for the owner. After a few years, even newer owners, who apparently are caught unawares or ill prepared, may complain "our fees are too high!"
In a condominium association, most units are similar, or there are only a few choices in floor-plans. At BLMH, there are a variety of views, from water to lake to green-space, and there are choices including first floor patio with walking to the green, or second floor and possibly better security, and different floor plans. Some of those differences are a matter of preference, and so it's up to individual buyers to decide that preference. But the interior basics because of floor plans, are similar.
When an owner decides to sell, there may be several competitive units also for sale. So amenities and improvements, the condition of the interior, age of furnace and appliances and so on, may all have an impact not only on the selling price, but also for how long a unit may be on the market. Owners who are attempting to sell a unit are competing with their neighbors, who share similar units, and are also selling. So what can an owner do? One thing is keep the unit up to date without overspending. That's been my personal preference and I get the benefits of enjoying the upgrades as I install them. I also have an opinion that incremental improvements are easier on the pocket book and provide choices. I'd never want to be in the situation of an aging furnace, hot water heater, and other potentials for problems, all at the same time. These are however, personal decisions, which are a benefit to the owner in a condominium; there are some decisions we can make and others we cannot.
What about the finances of condominium ownership?
The financial decision includes not only the basic purchase price, but also the cost of servicing the loan, taxes, fees and other owner paid unit maintenance. In the current real estate market, one of the reasons some house owners are squirming is because they are now living in older properties requiring exterior maintenance, and possibly with high debt load, or appliances from furnaces and air conditioners to hot water heaters, stove and microwaves all aging and in a few cases, falling apart. And many don't have the financial wherewithal to pay for these things. Some didn't save enough. Others never did and never intended to. So they didn't plan or prepare adequately. Home owners now say "I never thought it would get this bad."
The good news for owners in our association is, the association is doing some of that planning and preparation for us. House owners who did not save for major exterior repairs, are not as fortunate as we are. If an association is run reasonably well, and there are no catastrophes, then fees collected and saved as reserves will handle those big ticket items, such as roofs, driveways, entryway improvements, etc.
When considering condominium ownership, it's prudent to not only include the cost of real estate, taxes, insurance and association fees, but to also consider the maintenance cost of the amenities of the owner's unit, including major appliances, the furnace and air conditioning, and hot water heater and even bathroom vent fans. These will age and over time will require repair and/or replacement. I've put together and posted a budget elsewhere in this blog. It might be a bit of a shocker, if a condominium owner thinks they are living in an apartment. The real issue is determining how long things will last, which is to say, at what time should certain items be replaced. That in turn, determines how much I should be putting in a cookie jar to handle these repair and replacement items. Of course, a loan may be an alternative, and furnaces can be paid over time. Another way to look at this is, if at the time of purchase there is a possibility to live here for a decade or more, it would seem to be prudent to plan on paying for some of the maintenance or replacement of the stuff included in "my" unit.
The good news is, in our association, exterior maintenance is the association's responsibility, with the exception of cleaning the patio and optional painting of patios between normal cycles. There's minimal snow shoveling (e.g. individual patios) and snow melt by owners. Other normal exterior maintenance is by the association, including gutter cleaning, tree trimming, lawn care, exterior painting, etc.
However, if an owner doesn't plan on maintaining the remaining things that are integral and included in their unit, including some of the plumbing or even the electrical wiring and fixtures, then when problems do occur, it can be difficult or a surprise.
A problem for some owners is the realization that when one purchases a condo, one gives up most of the maintenance and upkeep headaches in exchange for losing financial and other self determination. Exterior maintenance is by the association. Owners can advise management of problems or issues, but the determination of the "when and how" of exterior maintenance is out of the individual owner's hands. There are monthly association fees to be paid, and if the association increases them, there is no choice for the owner. It's great to live on 40 acres with two lakes, manicured and landscaped grounds, hundreds of trees, waterfalls, central patios and walking paths. But those too have to be maintained, and operating costs do increase from year to year, even if only by 1%. If electricity goes up, fees for lighting, etc. must go up to accommodate this. If gasoline prices go up, so does the costs of maintenance and landscaping. Etc., etc., etc.
Real estate taxes have also increased and even with a terrible economy, in the three recent years, taxes went up by 5.4%, 3.7% and 1.3%. That's something an owner needs to budget for. In a terrible economy, those future wage increases may be smaller than expected. Ditto if that Adjustable Rate Mortgage, or ARM does in fact, adjust upwards. So how does one pay pay for these cost increases? After a few years, even newer owners, who may be caught unawares or ill prepared, may complain "our fees are too high!"
One of the advantages at BLMH is a lack of special assessments. This is due to good management and financial planning. But things can go wrong, and it is possible for unforeseen or unanticipated events to occur. If they do, a special assessment may someday in the future be a necessity. I have friends, who have owned condos in other associations and they have received a special assessment. I have not, to date!
To special assess or not, may also be the result of long term board philosophy. I know owners who don't like fee increases to cover reserves. The alternative is worse, in my opinion, and would require assessments from time to time. Some associations seem to prefer such assessments, or may be unable to avoid them. Everyone does their best, but outcomes are not guaranteed. The skills sets of managers and boards have considerable variation.
For a comparison, when owning a house, it's possible for the owner to defer certain maintenance if their personal financial situation won't allow it, or if the owner decides to put their money elsewhere. As a house owner, one can patch the roof indefinitely, let the driveway degrade, paint rotting wood and generally let the property go into ruin. A house owner can choose to ignore the Americans with Disabilities Act. Condo boards are required, as fiduciaries to maintain the property 'within reason' and associations are held to a higher standard than are individual homeowners.
The bottom line for me
I purchased a condominium about 10 years ago. Am I glad I did? Yes, overall I am!
Prior to that I was once a homeowner, and I rented apartments for several years while debating a condominium purchase and looked for an acceptable association. So I have had a range of experiences.
It is true that in the past 10 years the fees have increased, and it is also true that the association isn't perfect. However, I've been able to keep my financial head above water, and I've also been able to say my unit was a good purchase, as in "a wonderful place to live for the past 10 years."
Am I happy with the current situation and the economy in the U.S.? Of course not. It's been very difficult for many, and I've experienced the consequences of it. But one has to live somewhere, and all of those alternatives have pros and cons. Life is imperfect, and so is house or condo ownership, in my experience. I should also say that I have had reasonable expectations. If my expectations were unreasonable, as in "no fee increases" or "fee increases of 1% forever" and no maintenance issues, perfect neighbors, a forever spiraling real estate boom with ever increasing home values, etc., etc. then I would probably be unhappy today. I assume "unreasonable expectations" is why so many people in the popular press are unhappy. Of course, I suppose one could choose to make the argument that their personal expectations are reasonable, and that life and the economy are unfair.
Could I sell today for more than I paid for my unit?
That's one of the measures of success in real estate, some people tell me. The personal answer is difficult to say, because the simple question is "would today's sale price, after Realtor commission be more than the price of purchase?" However, to be realistic and honest, I should compare the price of rental of an equivalent unit with indoor and close parking for the past 10 years to the price paid including fees and real estate taxes. Of course, there is also the "cost of money and inflation." There are also intangible benefits. We not only have the benefit of the park across the street, the grounds, parking, etc. but we also got the ability to upgrade the kitchen to something we considered acceptable, and painted and did other improvements to our liking. I couldn't do that in the apartments I looked at, and we really like our kitchen and the views. In fact, I have an award winning gardening friend, and she loves the views I have, including from the kitchen window and the living room. I doubt I could have matched that in a rental; I certainly tried. So what are those views, the trees, and so on, worth to me? Ditto for the proximity to the college nearby. These are personal perspectives and we each have an answer for what we want. For example, in Chicago, there are condo owners who have a wonderful view of the lake, or Grant Park, or both! They are paying for that location and view.
I will say this. At the time I purchased, I included what I believed were realistic fee increases over the next decade in my purchase decision, and real estate taxes with modest increases. I also included the cost of certain anticipated improvements and possible maintenance items (such as a new water heater).
To date, when comparing buy versus rent, I can say that I have saved enough "rent" to pay for the cost of ownership to date and the improvements I have made. I will also say that I didn't use the Zillow rental estimate, but compared the price of more basic and lower cost rental units. Note: Zillow wasn't available as I recall in 2001. One of my favorite calculators is as the New York Times, and it has improved with age:
Link to New York Times buy-rent-calculator
Disclaimer
It's important for each and every one to honestly evaluate their personal financial situation. It's also important to do your homework thoroughly when considering any condominium purchase. This blog is neither an endorsement nor a recommendation for a lifestyle or an association. It is a statement of my experiences, perspective and opinions.
Monday, September 26, 2011
Things I'd Like to See at BLMH - Part I - Communications
This post is the flip side of the "10 month summary." It contains some new information and also is a summary of some older, regarding the past 12 months.
After listening to the complaints of owners and other residents, observing owners and board members, and listening to the professionals, I've concluded that there are a few improvements that might be helpful. This is a summary of some things to do and how they are being accomplished, and why. It is based on 10 years of observation at this association, discussions with attorneys (sometimes at my expense), discussions with various other professionals (accountants, property managers, reserve study professionals, architects, policemen, a city planning commissioner, CAI panelists, etc. which was sometimes at my own expense), and of course, the owners and many board members at BLMH over the years.
From all of that, I have these observations. Some of the following are "a work in progress." Some will happen, some will not. This is Part one of several posts.
1. Communications. There seems to be some confusion about this. First, the perception of some owners that "getting what I want" is improved communications, is simply incorrect. Ditto for former board members. The newsletter became the limited thing it was for several reasons. Possibly the largest was a statement made several years ago at an association meeting that "nobody can understand this stuff." Another impediment in the newsletter is the required research, actual writing and preparation. Finally, I think some people have viewed the newsletter as having as it's primary purpose the dissemination of "good news." I can understand that as an association, we might not want to broadcast problems on the web, which is where our newsletter is posted. However, reality is reality. Owners should be informed and that is my perception of the newsletter. Inform the owners, and other residents. That's appropriate for a business.
Others have complained about the complexity of the newsletter and suggested we provide less information. I think there is a middle ground. As an owner, my suggestions on this subject to board members via email were generally not answered. Once on the board, I began pressing to get us to this middle ground. This began with the creation of a lot of "stuff" for the board and much of it, which was rejected was edited for the internet and went to this blog. By the way, there are subtle ways to reject things. The method of choice with past boards was to simply ignore it.
But I persisted and cranked the stuff out. "The study" created a real need. Funny how people can talk about change, but can't in fact, operate from change. I produced a lot of information for the board, including a 9-page analysis of the study, charts, graphs, spreadsheets etc, etc, etc. Some of what I prepared, in the form of "pie" charts and graphs, was approved and I agreed to put this on a screen during a board meeting, for owners and the board. (All technology, including the high resolution LCD projector, screen, laptop, etc. was donated and operated by me). Some edited versions first went on this blog. Not surprisingly, I was soon requested by the board and also "volunteered" to provide specific charts for the newsletter. The ball was rolling. There is much more to be done.
2. Transparency. I've heard this used intermittently at BLMH, and I consider it related to communications. It was recently used by an owner at an association meeting. Is that merely a coincidence with events this past year? I doubt it; I think it's directly related.
The "transparency" word has usually been used by owners and in the past by certain board members in this association in a specific context. When used by owners, I have come to the conclusion that it is a code word for "You people are doing something behind our backs." What does this word mean and how can it be addressed?
I'm not sure that those who use the word really understand what they are saying. Let's assume there is an issue in the association. Was the issue, whatever it is, discussed among the entire board? Was the issue discussed in front of the owners? Was it discussed with professionals, and that includes management? If the answer to all three of these is "no" then I would say there could possibly be a transparency issue. Owners should understand that certain discussions are to be limited to "executive sessions" of the board. This is defined in the Illinois Condominium Act. If an owner has an issue with that, I suggest they write to their Illinois representative.
Another possible issue with transparency is the board itself. I would think it would be obvious, but emails between board members should be copies to the board, and other emails should include the entire board. "Transparency" is an issue for board members, also. Management should also be included in the communications. On very rare occasions do I exclude management and that's usually because I have a legitimate concern about their work load. There is no tangible excuse for creating sub-groups in an association board. All members should have equal obligations and responsibilities, and be included in emails. Why? There are so many good reasons, including treating board members as equals, and also creating board members who are experts on the association. The better trained and prepared we are, the better this association will be; that's my opinion. However, it's my opinion that board members should never send emails to small groups of owners. Such sub-groups are prohibited by the Illinois Condominium Act. It is acceptable to send an email response to the originating owner. However, I always include the board president in such emails, and frequently the board member who is responsible for the particular area addressed in such emails. After a year on the board, I have concluded it's better to copy all board members, so they are aware of any issues with a specific owner.
This and other communications issues has led me to wonder: 1) How to manage negative conversations, 2) How to responsibly put any board on notice, 3) How should meetings be structured and 4) How to control this and make meetings and events truly "transparent" and informative to the owners. Obviously, one thing is to improve and expand the newsletter and any other "official" communications in the association. Another is to adhere to strict guidelines (the Ilinois Condominium Act) pertaining to what should be openly discussed, and what should be discussed among the board during "executive session." Finally, ask and engage management and others on the board in operating a transparent board. Of course, there is a risk that in doing so, the board may not "look as good" to others; that's normal. Unfortunately, that's part of the job. It's not about looking good. It's about accomplishing good for the association and consistent with fiduciary duties.
So in an independent initiative, once on the board, I decided to expand the articles for the newsletter, which I was authorized to write. I also produced and provided some additional pieces of my own initiative. I resisted efforts to edit my work and issued instructions about how I would revise articles is asked. I also asked "how many words?" can I use for specific pieces. In several cases, I edited a lengthy piece, for example, the article on coyotes, to a much shorter one. My rationale in doing all of this was my perception that owner's infrequent requests for more information, which was sometimes stated as "more transparency" was authentic and genuine. The down side was the amount of work and time required to prepare spreadsheets and the resulting charts, articles, etc. I was also concerned that this information would be published on the internet. However, that decision was made by a previous board, a few years ago. My concern was authentic as a fiduciary. Let me again state that writing is easy. Collecting and researching the background information, then checking for accuracy and to see if the facts and purpose of the article are met, that's the difficult part. MS Publisher or Word does most of the formatting. Taking photos, cropping and editing them is also more difficult and time consuming. Manipulating charts to make them work is time consuming. I can deliver all of the newsletters in less time than it takes to create one good, full page article. I know because I have done it, repeatedly.
A good example of information that provides "transparency" is the lengthy article on the garage floors which was in a recent newsletter. I will admit, it is lengthy. But it demonstrated the evaluation process, it provided factual information and it provided some assurances to owners and potential buyers: 1) 90% of the garage floors are "fair" or better. 2) 75% are better than the one in the photo, and only 11 are considered in a state that replacement is necessary. Those are scheduled for replacement in 2011. Another board member has told me that the comments they received to that newsletter were generally positive, but that one owner specifically stated "it is too long." I look at it this way. There were 3,743 words in the document, which is issued every other month. That's 62 words to read a day. If owners don't want the information, they can ignore it. I'd rather provide more information if that's reasonable. Not one owner has come to me and said "that's too much work for you, you should do less."
In the past year I also expanded the information provided to the board as part of my reports for association meetings. It took several months to arrive at a good format. Now these reports, which are in the form of rough notes, are presented during meetings with a heading "Action Items" which clearly defines requests I will make at the meeting, so the board knows what to expect. In many cases, these "Action Items" are based upon a schedule I developed in winter 2010/2011 which defines "by when" dates for approval of various projects including roofs, painting, driveways, etc. I did state to the board that delay beyond these "by when" dates would negatively impact these projects.
My monthly notes are presented in verbal form to owners who are present and also to the board. I sometimes include visual aids such as photographs, charts and lists as well as descriptions, summaries, etc. This material was not developed for general dissemination because they are rough, contain opinions and items for discussion, and also present my case for proceeding with some work and soliciting approval from the board. My notes may also contain information that if used out of context could be "problematic". In response to an inquiry by a board member, I stated I wouldn't release my notes to the owners at large and explained to the board exactly why, and provided specific reasons and an example. Shortly thereafter an owner came to a meeting and brought up the issue of "transparency." Is there a connection between that refusal and the resurfacing of this word? I think there might be.
2. Other Communications Improvements. There are other areas discussed in the past year and they'll be elaborated upon in Part 2 of this post. They include a "Marketing Brochure" and a "Mission Statement." There is also an informal "Board Member Duties and Responsibilities" document, designed for use by board members. It states clearly and in straightforward language, what is expected of a board member, that there will be real responsibilities, duties and assignments and "work." It provides explanations of the differences of an owner and a fiduciary. It also provides examples of "fiduciary duty" as applied to a HOA board member.
Comments, Corrections, Omissions, References
After listening to the complaints of owners and other residents, observing owners and board members, and listening to the professionals, I've concluded that there are a few improvements that might be helpful. This is a summary of some things to do and how they are being accomplished, and why. It is based on 10 years of observation at this association, discussions with attorneys (sometimes at my expense), discussions with various other professionals (accountants, property managers, reserve study professionals, architects, policemen, a city planning commissioner, CAI panelists, etc. which was sometimes at my own expense), and of course, the owners and many board members at BLMH over the years.
From all of that, I have these observations. Some of the following are "a work in progress." Some will happen, some will not. This is Part one of several posts.
1. Communications. There seems to be some confusion about this. First, the perception of some owners that "getting what I want" is improved communications, is simply incorrect. Ditto for former board members. The newsletter became the limited thing it was for several reasons. Possibly the largest was a statement made several years ago at an association meeting that "nobody can understand this stuff." Another impediment in the newsletter is the required research, actual writing and preparation. Finally, I think some people have viewed the newsletter as having as it's primary purpose the dissemination of "good news." I can understand that as an association, we might not want to broadcast problems on the web, which is where our newsletter is posted. However, reality is reality. Owners should be informed and that is my perception of the newsletter. Inform the owners, and other residents. That's appropriate for a business.
Others have complained about the complexity of the newsletter and suggested we provide less information. I think there is a middle ground. As an owner, my suggestions on this subject to board members via email were generally not answered. Once on the board, I began pressing to get us to this middle ground. This began with the creation of a lot of "stuff" for the board and much of it, which was rejected was edited for the internet and went to this blog. By the way, there are subtle ways to reject things. The method of choice with past boards was to simply ignore it.
But I persisted and cranked the stuff out. "The study" created a real need. Funny how people can talk about change, but can't in fact, operate from change. I produced a lot of information for the board, including a 9-page analysis of the study, charts, graphs, spreadsheets etc, etc, etc. Some of what I prepared, in the form of "pie" charts and graphs, was approved and I agreed to put this on a screen during a board meeting, for owners and the board. (All technology, including the high resolution LCD projector, screen, laptop, etc. was donated and operated by me). Some edited versions first went on this blog. Not surprisingly, I was soon requested by the board and also "volunteered" to provide specific charts for the newsletter. The ball was rolling. There is much more to be done.
2. Transparency. I've heard this used intermittently at BLMH, and I consider it related to communications. It was recently used by an owner at an association meeting. Is that merely a coincidence with events this past year? I doubt it; I think it's directly related.
The "transparency" word has usually been used by owners and in the past by certain board members in this association in a specific context. When used by owners, I have come to the conclusion that it is a code word for "You people are doing something behind our backs." What does this word mean and how can it be addressed?
I'm not sure that those who use the word really understand what they are saying. Let's assume there is an issue in the association. Was the issue, whatever it is, discussed among the entire board? Was the issue discussed in front of the owners? Was it discussed with professionals, and that includes management? If the answer to all three of these is "no" then I would say there could possibly be a transparency issue. Owners should understand that certain discussions are to be limited to "executive sessions" of the board. This is defined in the Illinois Condominium Act. If an owner has an issue with that, I suggest they write to their Illinois representative.
Another possible issue with transparency is the board itself. I would think it would be obvious, but emails between board members should be copies to the board, and other emails should include the entire board. "Transparency" is an issue for board members, also. Management should also be included in the communications. On very rare occasions do I exclude management and that's usually because I have a legitimate concern about their work load. There is no tangible excuse for creating sub-groups in an association board. All members should have equal obligations and responsibilities, and be included in emails. Why? There are so many good reasons, including treating board members as equals, and also creating board members who are experts on the association. The better trained and prepared we are, the better this association will be; that's my opinion. However, it's my opinion that board members should never send emails to small groups of owners. Such sub-groups are prohibited by the Illinois Condominium Act. It is acceptable to send an email response to the originating owner. However, I always include the board president in such emails, and frequently the board member who is responsible for the particular area addressed in such emails. After a year on the board, I have concluded it's better to copy all board members, so they are aware of any issues with a specific owner.
This and other communications issues has led me to wonder: 1) How to manage negative conversations, 2) How to responsibly put any board on notice, 3) How should meetings be structured and 4) How to control this and make meetings and events truly "transparent" and informative to the owners. Obviously, one thing is to improve and expand the newsletter and any other "official" communications in the association. Another is to adhere to strict guidelines (the Ilinois Condominium Act) pertaining to what should be openly discussed, and what should be discussed among the board during "executive session." Finally, ask and engage management and others on the board in operating a transparent board. Of course, there is a risk that in doing so, the board may not "look as good" to others; that's normal. Unfortunately, that's part of the job. It's not about looking good. It's about accomplishing good for the association and consistent with fiduciary duties.
So in an independent initiative, once on the board, I decided to expand the articles for the newsletter, which I was authorized to write. I also produced and provided some additional pieces of my own initiative. I resisted efforts to edit my work and issued instructions about how I would revise articles is asked. I also asked "how many words?" can I use for specific pieces. In several cases, I edited a lengthy piece, for example, the article on coyotes, to a much shorter one. My rationale in doing all of this was my perception that owner's infrequent requests for more information, which was sometimes stated as "more transparency" was authentic and genuine. The down side was the amount of work and time required to prepare spreadsheets and the resulting charts, articles, etc. I was also concerned that this information would be published on the internet. However, that decision was made by a previous board, a few years ago. My concern was authentic as a fiduciary. Let me again state that writing is easy. Collecting and researching the background information, then checking for accuracy and to see if the facts and purpose of the article are met, that's the difficult part. MS Publisher or Word does most of the formatting. Taking photos, cropping and editing them is also more difficult and time consuming. Manipulating charts to make them work is time consuming. I can deliver all of the newsletters in less time than it takes to create one good, full page article. I know because I have done it, repeatedly.
A good example of information that provides "transparency" is the lengthy article on the garage floors which was in a recent newsletter. I will admit, it is lengthy. But it demonstrated the evaluation process, it provided factual information and it provided some assurances to owners and potential buyers: 1) 90% of the garage floors are "fair" or better. 2) 75% are better than the one in the photo, and only 11 are considered in a state that replacement is necessary. Those are scheduled for replacement in 2011. Another board member has told me that the comments they received to that newsletter were generally positive, but that one owner specifically stated "it is too long." I look at it this way. There were 3,743 words in the document, which is issued every other month. That's 62 words to read a day. If owners don't want the information, they can ignore it. I'd rather provide more information if that's reasonable. Not one owner has come to me and said "that's too much work for you, you should do less."
In the past year I also expanded the information provided to the board as part of my reports for association meetings. It took several months to arrive at a good format. Now these reports, which are in the form of rough notes, are presented during meetings with a heading "Action Items" which clearly defines requests I will make at the meeting, so the board knows what to expect. In many cases, these "Action Items" are based upon a schedule I developed in winter 2010/2011 which defines "by when" dates for approval of various projects including roofs, painting, driveways, etc. I did state to the board that delay beyond these "by when" dates would negatively impact these projects.
My monthly notes are presented in verbal form to owners who are present and also to the board. I sometimes include visual aids such as photographs, charts and lists as well as descriptions, summaries, etc. This material was not developed for general dissemination because they are rough, contain opinions and items for discussion, and also present my case for proceeding with some work and soliciting approval from the board. My notes may also contain information that if used out of context could be "problematic". In response to an inquiry by a board member, I stated I wouldn't release my notes to the owners at large and explained to the board exactly why, and provided specific reasons and an example. Shortly thereafter an owner came to a meeting and brought up the issue of "transparency." Is there a connection between that refusal and the resurfacing of this word? I think there might be.
2. Other Communications Improvements. There are other areas discussed in the past year and they'll be elaborated upon in Part 2 of this post. They include a "Marketing Brochure" and a "Mission Statement." There is also an informal "Board Member Duties and Responsibilities" document, designed for use by board members. It states clearly and in straightforward language, what is expected of a board member, that there will be real responsibilities, duties and assignments and "work." It provides explanations of the differences of an owner and a fiduciary. It also provides examples of "fiduciary duty" as applied to a HOA board member.
Comments, Corrections, Omissions, References
Note 1. As is the case with all posts, they are the observations of "A BLMH condo owner" and are not official communications of the association. As I have noted in the past, this blog does not and never has existed according to recent association boards, and even some owners!
Tuesday, September 20, 2011
FHA Myths from REMAX Suburban 1417 Main St. Wheaton IL 60187
I, and most of the residents of our association recently received a letter with a return address to REMAX Suburban at 1417 N. Main Street, Wheaton IL. They can be reached at 630-653-1900. REMAX did not sign the letter. However the REMAX Broker Manager is a Ms. Cheryl Shurtz and she can be reached at extension 222.
The letter was signed by a Mr. Paul Burkett of Fifth Third Mortgage at 630-545-5506 and a Mr. Dan Rock at Guaranteed Rate at 630-364-7506.
The letter provided some untruths, or half truths about FHA and our association.
Here are some facts which might be of interest to owners. These were not provided in the letter, which seems to have as it's main purpose the promotion of sales (and commissions) for the realtor, the bank and the mortgage company.
Here's a few quotes from an article in "the Real Deal" about FHA:
"FHA is great for a certain segment of the population," said Brooke Jacob, the CEO of Everest Equity. But the additional premiums required for FHA loans can add up to "a huge expense over the life of the loan," she cautioned, so buyers who have the option of getting a conventional mortgage should generally avoid FHA loans. "If a buyer doesn't need [FHA], they're overpaying," she said.
"FHA loans are riskier and more expensive for buyers than other kinds of loans. And most consumers don't realize that FHA loans can be significantly more profitable for both banks and mortgage brokers than conventional mortgages, because of the way that banks are compensated for servicing them. As a result, some unscrupulous loan originators are steering buyers in the direction of FHA loans, experts say, even when those buyers could qualify for conventional loans...... Borrower[s]...pay an up-front mortgage insurance premium of 2.25 percent of the loan amount, and also an annual premium of 0.55 percent of the loan, paid each month."
"Mortgage brokers typically make about 1 point -- 1 percent of the loan amount -- or $4,000 on a $400,000 loan...But some banks are currently paying brokers four to five points for originating FHA loans... That means the broker can make $20,000 on only one transaction. "
"This sets up an incentive structure that makes it tempting for mortgage brokers to push borrowers toward FHA loans."
"There are definitely brokers out there who would convince a client they have to get an FHA loan because they know they're going to make more money," Shnayder [Shnayder, director of new development lending at Home Owners Mortgage] said. Despite today's tough lending climate, he added, there are "plenty of mortgages" for qualified borrowers, even in buildings with few presales, though they are harder to find (see "A new holy grail for loans").
"Many of the people who were doing subprime are now doing FHA loans, because they're highly profitable," said Alan Rosenbaum, the CEO of GuardHill Financial...Rosenbaum said the high earning potential on FHA loans attracts unethical brokers to the industry, and makes it more tempting for them to commit fraud or shoehorn unqualified buyers into FHA loans, leading to more defaults down the road."
"When you pay such high compensation, you attract loans from brokers and banks who thrive on a higher level of compensation because they have a lower volume of quality loans," he said. "It brings in a lot of undesirables, and then our industry gets a bad name."
The original article is available at:
Link to "The Real Deal"
Is there a cost to an association to be "FHA Qualified?"
Yes, there is. Legal documents must be filed. That means legal fees to the association at about $200 per hour. To be FHA qualified, an association may also need a reserve study each year. Costs to an association may exceed $10,000 per year. That comes out of current owner's fees and may increase the fees to owners.
What are the Benefits of an FHA loan?
The main benefit of an FHA home loan is that the credit criteria for a borrower are not as strict as FNMA or FHLMC. A buyer who may have credit problems should not have a problem obtaining FHA financing. Also, FHA loans are assumable, allowing a person to take over the mortgage without the additional cost of obtaining a new FHA loan if they qualify.
What about the Seller?
The seller must pay for part of the closing costs (called non-allowable costs) while a borrower's allowable costs can partially be wrapped into the loan. 100% of the down payment and closing costs can be gifted. In other words, the buyer and the seller both pay.
What does a buyer need?
Even though most lenders do not allow you to go to 95% LTV (loan-to-value), with an FHA Loan the buyer is allowed to pay as little as 3.5% of the purchase price of the home as the down payment (96.5% LTV). the buyer may also finance the closing costs with the mortgage loan. A unit at BLMH selling for $150,000 would require a down payment of about $5,000. Less than many car leases!
What does it take for a buyer to qualify for an FHA loan?
In order to qualify for an FHA loan, a buyer must have a valid social security number (if the buyer doesn't have a social security number there are other methods of qualification available). A buyer must have legal residency in the United States and be of a legal age to sign on a mortgage in the state of Illinois.
Who determines who is qualified and who is not?
The lender will verify the income, assets, liabilities, and credit history for all parties on the loan. "Trust me" is what the lenders tell us!
What about the credit worthiness of a buyer?
FHA does not require a minimum credit score. Lenders may (or may not) use past credit performance as a guide in determining a borrower's attitude toward credit obligations and predicting a borrower's future actions. Using FHA's guidelines, the lenders will make a credit determination based on the merits of each case. Again "trust me" the lenders are telling us! The lender makes all of the decisions, and the taxpayer pays for the defaults!
If a FHA buyer defaults, who wins and who loses?
The mortgage companies are fully paid because FHA loans offer a loan guarantee for mortgage companies. The realtor collects their fee at the closing..The seller gets what's left after covering some of the closing costs and paying the fees of the Realtor.. If the buyer defaults, he or she loses their home. If the buyer defaults, the association deals with a unit in default, and struggles to collect the fees. If those fees can't be collected, then every other owner in the association pays a higher fee to make up this shortfall. So the association loses and everyone who sent the letter you received, wins. So in a default, you, the other owners in the association, all lose.
Why are Fifth Third Bank and Guarantee Rate interested in financing at BLMH?
If a buyer acquires an FHA loan to purchase a home, the FHA is not actually lending money to the buyer; the FHA simply guarantees the lender (Fifth Third Bank and Guarantee Rate) in case the borrower, default on their mortgage payments. In other words, Fifth Third Bank and Guarantee Rate are assured they will get paid, no matter what!
Who ultimately pays for these FHA defaults?
You and I, and all of the other taxpayers in the USA are the ones who pay the taxes to cover these loan defaults.
How large are these losses? According to a recent US government report originated by the Office of the Inspector General (OIG) “From … 2007 through 2010, HUD experienced a nearly 174 percent increase in the dollar value of claims paid that resulted in FHA’s paying off the mortgage, from about $5.3 billion in 2007 to about $14.5 billion in 2010.” This year [2011] HUD estimated that it would pay out more than $20 billion in fiscal year 2011 for all forms of payments from the insurance fund, a nearly 31 percent increase from 2010.
So what's the bottom line?
REMAX at 1417 Main Street, Fifth Third Bank, and Guarantee Rate are all extremely interested in accomplishing a sale at BLMH. Why is that? Because each of them will make money in doing so. If you want more information on the advantages of FHA mortgages for realtors, bankers and mortgage companies, I suggest you call REMAX at 630-653-1900, Paul Burkett of Fifth Third Mortgage at 630-545-5506 and Dan Rock at Guaranteed Rate at 630-364-7506. I'm sure they will tell you why they are so eager to get our association to FHA approval status and the personal financial benefits they will reap.
Comments, Corrections, Omissions, References
The letter was signed by a Mr. Paul Burkett of Fifth Third Mortgage at 630-545-5506 and a Mr. Dan Rock at Guaranteed Rate at 630-364-7506.
The letter provided some untruths, or half truths about FHA and our association.
Here are some facts which might be of interest to owners. These were not provided in the letter, which seems to have as it's main purpose the promotion of sales (and commissions) for the realtor, the bank and the mortgage company.
Here's a few quotes from an article in "the Real Deal" about FHA:
"FHA is great for a certain segment of the population," said Brooke Jacob, the CEO of Everest Equity. But the additional premiums required for FHA loans can add up to "a huge expense over the life of the loan," she cautioned, so buyers who have the option of getting a conventional mortgage should generally avoid FHA loans. "If a buyer doesn't need [FHA], they're overpaying," she said.
"FHA loans are riskier and more expensive for buyers than other kinds of loans. And most consumers don't realize that FHA loans can be significantly more profitable for both banks and mortgage brokers than conventional mortgages, because of the way that banks are compensated for servicing them. As a result, some unscrupulous loan originators are steering buyers in the direction of FHA loans, experts say, even when those buyers could qualify for conventional loans...... Borrower[s]...pay an up-front mortgage insurance premium of 2.25 percent of the loan amount, and also an annual premium of 0.55 percent of the loan, paid each month."
"Mortgage brokers typically make about 1 point -- 1 percent of the loan amount -- or $4,000 on a $400,000 loan...But some banks are currently paying brokers four to five points for originating FHA loans... That means the broker can make $20,000 on only one transaction. "
"This sets up an incentive structure that makes it tempting for mortgage brokers to push borrowers toward FHA loans."
"There are definitely brokers out there who would convince a client they have to get an FHA loan because they know they're going to make more money," Shnayder [Shnayder, director of new development lending at Home Owners Mortgage] said. Despite today's tough lending climate, he added, there are "plenty of mortgages" for qualified borrowers, even in buildings with few presales, though they are harder to find (see "A new holy grail for loans").
"Many of the people who were doing subprime are now doing FHA loans, because they're highly profitable," said Alan Rosenbaum, the CEO of GuardHill Financial...Rosenbaum said the high earning potential on FHA loans attracts unethical brokers to the industry, and makes it more tempting for them to commit fraud or shoehorn unqualified buyers into FHA loans, leading to more defaults down the road."
"When you pay such high compensation, you attract loans from brokers and banks who thrive on a higher level of compensation because they have a lower volume of quality loans," he said. "It brings in a lot of undesirables, and then our industry gets a bad name."
The original article is available at:
Link to "The Real Deal"
Is there a cost to an association to be "FHA Qualified?"
Yes, there is. Legal documents must be filed. That means legal fees to the association at about $200 per hour. To be FHA qualified, an association may also need a reserve study each year. Costs to an association may exceed $10,000 per year. That comes out of current owner's fees and may increase the fees to owners.
What are the Benefits of an FHA loan?
The main benefit of an FHA home loan is that the credit criteria for a borrower are not as strict as FNMA or FHLMC. A buyer who may have credit problems should not have a problem obtaining FHA financing. Also, FHA loans are assumable, allowing a person to take over the mortgage without the additional cost of obtaining a new FHA loan if they qualify.
What about the Seller?
The seller must pay for part of the closing costs (called non-allowable costs) while a borrower's allowable costs can partially be wrapped into the loan. 100% of the down payment and closing costs can be gifted. In other words, the buyer and the seller both pay.
What does a buyer need?
Even though most lenders do not allow you to go to 95% LTV (loan-to-value), with an FHA Loan the buyer is allowed to pay as little as 3.5% of the purchase price of the home as the down payment (96.5% LTV). the buyer may also finance the closing costs with the mortgage loan. A unit at BLMH selling for $150,000 would require a down payment of about $5,000. Less than many car leases!
What does it take for a buyer to qualify for an FHA loan?
In order to qualify for an FHA loan, a buyer must have a valid social security number (if the buyer doesn't have a social security number there are other methods of qualification available). A buyer must have legal residency in the United States and be of a legal age to sign on a mortgage in the state of Illinois.
Who determines who is qualified and who is not?
The lender will verify the income, assets, liabilities, and credit history for all parties on the loan. "Trust me" is what the lenders tell us!
What about the credit worthiness of a buyer?
FHA does not require a minimum credit score. Lenders may (or may not) use past credit performance as a guide in determining a borrower's attitude toward credit obligations and predicting a borrower's future actions. Using FHA's guidelines, the lenders will make a credit determination based on the merits of each case. Again "trust me" the lenders are telling us! The lender makes all of the decisions, and the taxpayer pays for the defaults!
If a FHA buyer defaults, who wins and who loses?
The mortgage companies are fully paid because FHA loans offer a loan guarantee for mortgage companies. The realtor collects their fee at the closing..The seller gets what's left after covering some of the closing costs and paying the fees of the Realtor.. If the buyer defaults, he or she loses their home. If the buyer defaults, the association deals with a unit in default, and struggles to collect the fees. If those fees can't be collected, then every other owner in the association pays a higher fee to make up this shortfall. So the association loses and everyone who sent the letter you received, wins. So in a default, you, the other owners in the association, all lose.
Why are Fifth Third Bank and Guarantee Rate interested in financing at BLMH?
If a buyer acquires an FHA loan to purchase a home, the FHA is not actually lending money to the buyer; the FHA simply guarantees the lender (Fifth Third Bank and Guarantee Rate) in case the borrower, default on their mortgage payments. In other words, Fifth Third Bank and Guarantee Rate are assured they will get paid, no matter what!
Who ultimately pays for these FHA defaults?
You and I, and all of the other taxpayers in the USA are the ones who pay the taxes to cover these loan defaults.
How large are these losses? According to a recent US government report originated by the Office of the Inspector General (OIG) “From … 2007 through 2010, HUD experienced a nearly 174 percent increase in the dollar value of claims paid that resulted in FHA’s paying off the mortgage, from about $5.3 billion in 2007 to about $14.5 billion in 2010.” This year [2011] HUD estimated that it would pay out more than $20 billion in fiscal year 2011 for all forms of payments from the insurance fund, a nearly 31 percent increase from 2010.
So what's the bottom line?
REMAX at 1417 Main Street, Fifth Third Bank, and Guarantee Rate are all extremely interested in accomplishing a sale at BLMH. Why is that? Because each of them will make money in doing so. If you want more information on the advantages of FHA mortgages for realtors, bankers and mortgage companies, I suggest you call REMAX at 630-653-1900, Paul Burkett of Fifth Third Mortgage at 630-545-5506 and Dan Rock at Guaranteed Rate at 630-364-7506. I'm sure they will tell you why they are so eager to get our association to FHA approval status and the personal financial benefits they will reap.
Comments, Corrections, Omissions, References
Note 1. Additional, supplemental information was added on 9/21/11.
Best Practice Install Method for Andersen 100 Window
Here's an interesting video of the installation of an Andersen 100 window. Our association is installing some of these this year.
The video is provided to give an idea of the method of installation of this window. I'm not a carpenter and I'm neither approving or disapproving of the method shown in this video.
The video is provided to give an idea of the method of installation of this window. I'm not a carpenter and I'm neither approving or disapproving of the method shown in this video.
Comments, Corrections, Omissions, References
Note 1. I don't own stock in Andersen or any other window manufacturer, nor to I have any interest in any window distributor, installer or roofing company.
Wednesday, August 31, 2011
Waterfall #1 is Finally in Operation
Well, after replacing the pump pit, and then the electrical controls, the pump and stream are finally back in operation!
I got calls when it was down and one of the neighbors, on seeing me on the grounds recently quipped "Well, so you finally decided to come down." I assume he was referring to Mt. Olympus which is where all board members supposedly reside, sipping mint juleps or sassafras tea. Or was he referring to my "high horse?"
With the stream in operation I haven't gotten any congratulatory phone calls. Gee, why doesn't that surprise me? The mantra was and I assume it remains "What do we get for all that money we pay?"
Well, enjoy the view. This photo depicts one of hundreds of such views at BLMH.
I got calls when it was down and one of the neighbors, on seeing me on the grounds recently quipped "Well, so you finally decided to come down." I assume he was referring to Mt. Olympus which is where all board members supposedly reside, sipping mint juleps or sassafras tea. Or was he referring to my "high horse?"
With the stream in operation I haven't gotten any congratulatory phone calls. Gee, why doesn't that surprise me? The mantra was and I assume it remains "What do we get for all that money we pay?"
Well, enjoy the view. This photo depicts one of hundreds of such views at BLMH.
Friday, August 5, 2011
COD Construction
The College of Dupage is working on their property immediately to the east of BLMH. Management and some board members have met with the college to get some clarity about the nature of this project. At present, it includes parking and a new grassy retention area, with bermed wall.
Added August 8, 2011:
The following link provides a colorful drawing of the "parking improvements" at COD, which according to the College website will have an approximate construction date of July 15 to September 5 for the area at our property line. The COD website states that "In our continued effort to inform the COD community, Facilities Planning and Construction has issued this Official Communication to provide more detailed information regarding the 2011 Parking Improvement project."
Link to COD Parking News
Continuation of Post of August 5:
According to the Village of Glen Ellyn, construction within their boundaries is permitted between 7:00am and 7:00pm Monday through Saturday, and 8:00am to 5:00pm on Sunday
Here's a few photos:
Added August 8, 2011:
The following link provides a colorful drawing of the "parking improvements" at COD, which according to the College website will have an approximate construction date of July 15 to September 5 for the area at our property line. The COD website states that "In our continued effort to inform the COD community, Facilities Planning and Construction has issued this Official Communication to provide more detailed information regarding the 2011 Parking Improvement project."
Link to COD Parking News
Continuation of Post of August 5:
According to the Village of Glen Ellyn, construction within their boundaries is permitted between 7:00am and 7:00pm Monday through Saturday, and 8:00am to 5:00pm on Sunday
Here's a few photos:
Labels:
COD Construction,
College of Dupage
Tuesday, July 19, 2011
Financial Tough Love
I was talking to a friend and they were telling me that finances are looking a bit tight. What to do? Max out the credit cards, borrow from the IRA? These are not good choices. Good financial choices in difficult times are those which slash expenses. How to do that?
Here are a few choices:
Here are a few choices:
- Slashing expenses means reducing monthly expenditures. If your position is "I can't live without THAT" then it's probable that you aren't willing to make some of the choices required by these demanding times. However, getting started is the most important thing. Financial freedom requires some discipline, but has its rewards.
- At BLMH, we have a TV antenna system in our buildings. So choice number 1: Cut the cable or satellite TV. If you really can afford some sort of cable or satellite TV, check on bundling phone and TV. However, you may find this doesn't save all that much. If it doesn't, then "cut the cable!"
- Need that fancy smartphone? How many people really have need of news, weather, and the ability to tweet 24/7 from their phone? Besides, many of those expensive smartphones are really luxury goods. If you are in a financial place where you need to cut expenses, a "smartphone" is a good place to start. Step down to a basic cellphone.
- If you have a land phone line, eliminate the cellphone, or vice-versa. Choose either land or cellphone, but not both.
- Need internet? Combine AT+T with DSL, or cable with internet. But ditch those expensive channels!
- If you are considering a combination plan, remember that the goal is to reduce your monthly expenses. So what good is a plan by Comcast, AT+T or whomever, that increases your monthly bills? The quick answer: not good at all!
- Stop dining at restaurants and eliminate expensive entertainment.
- Postpone that vacation until a time that you can afford one. In the mean time, put a few dollars each month in a "cookie jar" for next year's vacation. Any vacation you take that is paid on credit is one you possibly cannot afford.
- Reduce your discretionary expenses, such as double lattes, entertainment, meals out, etc.
- Switch from specialty grocery stores to basic.
- Cook more meals at home.
- If you have a set-back thermometer for your HVAC, then use it. Otherwise, do it manually and when leaving turn the thermostat up to 78F in summer and down to 65F in winter. Dress lighter in summer so you can use less air conditioning, and wear a sweater in winter.
- Clean your refrigerator, replace your furnace filters, clean your clothes dryer filter and if you haven't had your dryer vent cleaned in a year or more, call management and schedule that! Also, have your dryer vent checked to be certain it is unobstructed.
- Combine automobile errands to save gas. Drive less and take more walks! The Wheaton Park District has a free indoor walking track which is air conditioned!
- Look at your credit card and bank fees. Compare and if possible, move to a lower cost credit card. For banks, see if you can eliminate those monthly fees.
- Look at your insurance. Can you combine home and auto? Some companies offer discounts if you do.
- Pay all bills promptly. Late fees and credit card interest is money wasted.
- Create a monthly spending plan!
- Get serious about your financial future, and begin living within your means!
Comments, Corrections, Omissions, References
Note 1. Good finances begins with making a budget and then sticking to it. Begin by collecting your bills for a month and separating the essential from the discretionary. Essentials include electricity, natural gas, groceries, insurance, homeowner's fees, etc. Then collect credit card bills and add up your balances. If you can't afford to pay off your credit card debt each month, then you should not be using a credit card. The bottom line on credit cards: If you buy on credit each month and don't pay off the balance each month, then you are taking out a loan each month and admitting you are living beyond your means. You cannot expect that things will "turn out OK" for anyone in that situation with the exception of the bank!
Sunday, July 10, 2011
10 Questions to Ask Your Realtor
- Why should you be my realtor?
- What is it that you do better than other realtors?
- How are you going to sell my unit for the highest possible price?
- How are you going to get buyers to come to my unit?
- Can you provide me with testimonials and references?
- How many condo units have you sold (major involvement - 66% of fees to your office) in the last 12 months? How many were in Wheaton?
- How many condo units have you sold (minor involvement- less than 33% of fees to your office) in the last 12 months? How many were in Wheaton?
- What are the most common things that go wrong to kill a sale?
- What do you like about BLMH and why would you consider buying here?
- Why are you a realtor?
Wednesday, July 6, 2011
Coexisting with Coyotes
From the City of Wheaton
Here's the original link, and the press release is below: Click for Wheaton Press Release
Here's the original link, and the press release is below: Click for Wheaton Press Release
PRESS RELEASE
Tuesday, June 07, 2011
Experts Share What You Need to Know about Coyotes
WHEATON, Ill. – Coyotes are not leaving the suburbs anytime soon. After all, some of the same things that make Wheaton a great place for humans to live – such as lots of open space and other natural resources – also make Wheaton an ideal place for coyotes to call home.
But with a little knowledge of coyote behavior and what you should and shouldn’t do, wildlife experts say Wheaton residents can live alongside coyotes very successfully. A new video produced by the City’s Communications Department called “Coexisting with Coyotes”talks with two coyote experts to give you the information you need for peaceful coexistence.
In this video, Lynsey White, Urban Wildlife Specialist with the Humane Society of the United States, and Ashley DeLaup, Wildlife Ecologist with Denver Parks and Recreation, share their vast knowledge of coyote behavior and management to answer questions such as: Should I be afraid of coyotes? How can I keep my pets safe? Why are there coyotes in my neighborhood? Is there anything I can do to to make them leave?
In teaching you some important facts about coyote behaviors and pet safety, White and DeLaup draw from their experiences studying and managing coyotes. White worked on the Cook County Coyote Project, the largest study ever done on urban coyotes. As a wildlife ecologist, DeLaup has helped dramatically reduce the conflicts residents of Denver were having with coyotes in recent years.
This video is available for viewing any time on the City’s website and is also being shown on City of Wheaton Channel 10 (CWC10).
###
But with a little knowledge of coyote behavior and what you should and shouldn’t do, wildlife experts say Wheaton residents can live alongside coyotes very successfully. A new video produced by the City’s Communications Department called “Coexisting with Coyotes”talks with two coyote experts to give you the information you need for peaceful coexistence.
In this video, Lynsey White, Urban Wildlife Specialist with the Humane Society of the United States, and Ashley DeLaup, Wildlife Ecologist with Denver Parks and Recreation, share their vast knowledge of coyote behavior and management to answer questions such as: Should I be afraid of coyotes? How can I keep my pets safe? Why are there coyotes in my neighborhood? Is there anything I can do to to make them leave?
In teaching you some important facts about coyote behaviors and pet safety, White and DeLaup draw from their experiences studying and managing coyotes. White worked on the Cook County Coyote Project, the largest study ever done on urban coyotes. As a wildlife ecologist, DeLaup has helped dramatically reduce the conflicts residents of Denver were having with coyotes in recent years.
This video is available for viewing any time on the City’s website and is also being shown on City of Wheaton Channel 10 (CWC10).
###
Labels:
Coyote Sightings
Sunday, July 3, 2011
Conflict of Interest
On June 24, I received a written query, which was inspired by my posts about predators. I've edited it for inclusion here: "....ask the board of [a few] years ago about how...a member of the board's company [was involved in the sale of something to the association]. Always saying that his [product] was cheaper. Not a predator, but must say, "conflict of interest"."
"Conflict of interest" is an interesting term. But what does it mean? In the query above, it is assumed that board members cannot have any business dealings with an association. I'm not a lawyer, but I have this view. I had the opportunity to think about this quite a bit and to reflect on it, because of various other business dealings I've had over the years and also because of some extensive work I did in the past, as a volunteer. I've also had "one on one" meetings with attorneys, at my expense, to explore this issue. (Note 4).
The questions that should be asked include "what is a conflict of interest" for a board member in an HOA? What do the governing documents say, and how should the board responsibly deal with bona fide conflicts?"
To me the heart of the matter is the role of the board member as a fiduciary, and the governing documents. The governing documents including the Illinois condominium act, states what types of financial or business arrangements are prohibited. For example, board members cannot be paid for their service to the association. There are other types of activities or circumstances that could compromise the ability of a board member to act solely in the best interests of the entire association. Obviously, as owners, the board member first and foremost has to contend with that personal interest. I have been told that the best method is to always remember that a board member is to wear two hats. When fulfilling his or her duties on the board or acting in the role of a board member, he or she must "put on my fiduciary hat" and put his or her personal interests aside. Another bit of really good advice from a very experienced board member was to remain "aloof." The advice was specifically to maintain a distance from groups of owners for the purpose of maintaining impartiality and objectivity, thereby avoiding circumstances which could lead to a "conflict of interest." In other words, being a board member is a difficult job and it is necessary to maintain a focus on the association and avoid entanglements with specific owners or groups of owners.
The role as fiduciary carries certain responsibilities. A "conflict of interest" would be a situation which prevents or interferes with a board member fulfilling those fiduciary duties. "Fiduciary duties" I take as the ability of a board member to act impartially in matters affecting the association. That could include financial and budgetary issues, upholding the rules, fines, fees, owner disputes, hiring and firing, etc. (Note 6).
I think there are some checks and balances in place in our HOA to minimize these problems. It's that "synergy" between the board and management, and between the members of the board, that creates the checks and balances and strengthens the organization. First, we have a professional management firm specializing in large HOAs. A manager attends all association meetings and provides guidance to the board, and provides instruction and coaching to board members. Second, we have had a reasonably diverse board. Finally, a board member who is in a situation that might compromise their ability to act as a fiduciary, must be willing to communicate with the entire board and management on these issues, should they occur. They must also be willing to act in accordance with fiduciary instructions. "Willingness" is possibly the most important piece. Willingness to ask questions, willingness to observe, willingness put personal agendas aside, willingness to be uncomfortable, and willingness to state when there appears to be circumstances indicative of a conflict of interest or the potential for one.
Communications and training are critical components. Everyone assumes that board members will communicate "conflicts of interest" or possible circumstances should they occur. But do they? It's assumed each board member understands the role of fiduciary. That's another critical piece. But what if they don't? Or what if there are differing perspectives about this on an HOA board, or differing ideas about what's permissible for a fiduciary and what is not? What if a board is unwilling to discuss this as a single group? Of if any such discussions are perceived to be personal attacks?
Here's some interesting questions to ponder about HOA boards, that might be relevant to the question. What happens if a board is split on fundamental philosophical grounds? If the differences are extreme, how does or can the board function? One way is for the board to state it's differences and then use management as a mediator and get to some sort of consensus. Another way is to avoid the issues in which case the board can remain split and simply operate as two boards. However, if this were to occur in an HOA, do we then have members or subgroups of a board performing independent actions and activities? Is that appropriate for a board? In matters that require the approval of the entire board, the experts tell me that the board should work together as a whole. So my opinion is that in certain matters, the board must act as a group. Of course, I suppose the arguments and differences could be so severe that agreement could not even be reached on what, in fact, requires a consensus! However, the question remains, how to achieve a consensus when or if a severe rift occurs? Finally, a question I ponder is, can this lead to various conflicts and if subgroups of owners are prohibited in an association, then what about subgroups of boards? My final question is, what can management do about this if it is unaware of the situation? After all, if a board keeps management out of the communications loop, then management can't provide the necessary professional assistance. (Note 5.)
The way to resolve these situations is via communications. It may be necessary to make very specific requests, and to involve experts. The board of an HOA is comprised of volunteers and technically all are non-professionals and certainly are not paid professionals.
Is it possible to avoid these situations? It begins with the campaigning and election process in an HOA. That's worthy of another discussion but is beyond the scope of this particular post. A question I ask is: Would it be beneficial if candidates or potential board members had a comprehensive understanding of the duties and responsibilities of the board? There's an old saying "an ounce of prevention is worth a pound of cure." Once someone is on the board at this HOA, it's expected that they will fulfill their fiduciary duties commencing on day 1! Our association board's first major task is an intensive budgetary workshop. It's "hit the ground running!"
I've concluded that it is assumed that candidates or appointees know what is expected of them in their role as fiduciaries and what situations are to be avoided, etc. That might be a tall order in an association in which we have owners who are unaware this 35 year old community is a PUD and what that specifically means! (Note 3).
I'm advocating better preparation for candidates and board members. To that end, this association has prepared a six page, informal document entitled "BLMH Board Member – Summary of Duties and Responsibilities." (Most recent draft dated June 1, 2011). This has been prepared by several members of the board and is currently undergoing review by management. It remains to be seen if it will be used in this association. It would be in conjunction with another set of documents which include specific descriptions of "duties and responsibilities" for each board member.
The general document includes the following topics:
I. Being a member of the board.
II. Know your specific duties and assignments.
III. Be Prepared.
IV. Be a fiduciary.
V. Avoid conflicts of interest.
VI. Be a working member of the board.
VII. Be professional.
VIII. Be Realistic.
IX. Maintain the purpose and confidentiality of executive sessions and board meetings.
XI. Examples of Fiduciary Duties.
XII. Examples of conflicts of interest.
Resolving Conflict of Interest Issues
The next post will look more closely at how a fiduciary could resolve issues involving conflicts of interest.
Comments, Corrections, Omissions, References
However, problems are prioritized. I put the roofing contracts a bit higher than "tadpoles in the stream."
Note 3. Improving the content of the newsletter is one method that is being used to address misconceptions by owners.
Note 4. "Conflicts of Interest" can be subtle. Sometimes, the decisions made to assure that the potential does not exist, are difficult and can have a financial consequence. Here's a "real world" example of the steps that businesses may take to avoid such conflicts. Some years ago I was involved as a principal in a technology company which provided sophisticated process control systems to various industries. We designed and provided systems comprised of hardware, software, engineering, documentation and training as part of this advanced technology, to facilities throughout the U.S. The technology we offered was to be the best. What did that mean? We wanted to achieve certain breakthroughs in reliability, productivity, cost reduction, fuel consumption, human safety, etc. It was inevitable that we would be required to make recommendations for "ancillary" systems for the owner to integrate. Those recommendations were to be unbiased and in the best interests of the client. The problem? The recommendations could be "tainted" by personal involvement, specifically ownership of common stock, in some of the companies making the software or hardware that we might be inclined to recommend. The solution? Our company had a policy that we should not own common stock in companies we might recommend. Was there a work around? Yes, it was permissible to own mutual funds which might include these companies. Was this a popular decision? No it wasn't. However, it mean that in the internal decision making process, that engineers and technologists would not be arguing a position based upon personal gain. It did allow us to honestly state to clients that we were making unbiased recommendations based solely on the merits of the situation. Oh, and by the way, these were not a "fiduciary" relationships and so there was no legal requirement to take this position. But we considered it to be the ethical thing to do, and we also considered it to be "good business."
Note 5. I've asked a professional about the range of issues and problems in HOA's and their boards and his response was "there are probably hundreds, if not thousands, of HOA's every day in which there are serious differences of opinions." Another professional made the comment "I've attended meeting in which things got really heated, and in one the board members came out swinging!" I've decided to look into this issue quite a bit deeper. I've been discussing HOA and HOA board dynamics and issues with an individual I'll describe as a "behavioral psychologist." I'm quite serious about this, but there are limits to the amount of time and money I can devote to this. Why would this be of such interest to me? There is the fact I do live in a condominium, but in fact, in the U.S. there were about 5 million condominium units according to a 1994 U.S. Census report. However, the Community Associations Institute has estimated that 62 million Americans live in planned communities, including condominiums of which there are more than 300,000! So I view it as an important issue for those 62 million Americans who have made a substantial family investment in this type of living. Can it be improved? Well, I live in one, so where better to find out?
Note 6. Maintaining impartiality and putting the betterment of the association ahead of personal or individual owner issues could be a difficult thing to do, I would think. An HOA board is comprised of individual owners. Each has a personal interest and a personal stake in the association. For many owners, the condominium they own is their largest single asset. So is it any wonder that things might get contentious in an HOA?
"Conflict of interest" is an interesting term. But what does it mean? In the query above, it is assumed that board members cannot have any business dealings with an association. I'm not a lawyer, but I have this view. I had the opportunity to think about this quite a bit and to reflect on it, because of various other business dealings I've had over the years and also because of some extensive work I did in the past, as a volunteer. I've also had "one on one" meetings with attorneys, at my expense, to explore this issue. (Note 4).
The questions that should be asked include "what is a conflict of interest" for a board member in an HOA? What do the governing documents say, and how should the board responsibly deal with bona fide conflicts?"
To me the heart of the matter is the role of the board member as a fiduciary, and the governing documents. The governing documents including the Illinois condominium act, states what types of financial or business arrangements are prohibited. For example, board members cannot be paid for their service to the association. There are other types of activities or circumstances that could compromise the ability of a board member to act solely in the best interests of the entire association. Obviously, as owners, the board member first and foremost has to contend with that personal interest. I have been told that the best method is to always remember that a board member is to wear two hats. When fulfilling his or her duties on the board or acting in the role of a board member, he or she must "put on my fiduciary hat" and put his or her personal interests aside. Another bit of really good advice from a very experienced board member was to remain "aloof." The advice was specifically to maintain a distance from groups of owners for the purpose of maintaining impartiality and objectivity, thereby avoiding circumstances which could lead to a "conflict of interest." In other words, being a board member is a difficult job and it is necessary to maintain a focus on the association and avoid entanglements with specific owners or groups of owners.
The role as fiduciary carries certain responsibilities. A "conflict of interest" would be a situation which prevents or interferes with a board member fulfilling those fiduciary duties. "Fiduciary duties" I take as the ability of a board member to act impartially in matters affecting the association. That could include financial and budgetary issues, upholding the rules, fines, fees, owner disputes, hiring and firing, etc. (Note 6).
I think there are some checks and balances in place in our HOA to minimize these problems. It's that "synergy" between the board and management, and between the members of the board, that creates the checks and balances and strengthens the organization. First, we have a professional management firm specializing in large HOAs. A manager attends all association meetings and provides guidance to the board, and provides instruction and coaching to board members. Second, we have had a reasonably diverse board. Finally, a board member who is in a situation that might compromise their ability to act as a fiduciary, must be willing to communicate with the entire board and management on these issues, should they occur. They must also be willing to act in accordance with fiduciary instructions. "Willingness" is possibly the most important piece. Willingness to ask questions, willingness to observe, willingness put personal agendas aside, willingness to be uncomfortable, and willingness to state when there appears to be circumstances indicative of a conflict of interest or the potential for one.
Communications and training are critical components. Everyone assumes that board members will communicate "conflicts of interest" or possible circumstances should they occur. But do they? It's assumed each board member understands the role of fiduciary. That's another critical piece. But what if they don't? Or what if there are differing perspectives about this on an HOA board, or differing ideas about what's permissible for a fiduciary and what is not? What if a board is unwilling to discuss this as a single group? Of if any such discussions are perceived to be personal attacks?
Here's some interesting questions to ponder about HOA boards, that might be relevant to the question. What happens if a board is split on fundamental philosophical grounds? If the differences are extreme, how does or can the board function? One way is for the board to state it's differences and then use management as a mediator and get to some sort of consensus. Another way is to avoid the issues in which case the board can remain split and simply operate as two boards. However, if this were to occur in an HOA, do we then have members or subgroups of a board performing independent actions and activities? Is that appropriate for a board? In matters that require the approval of the entire board, the experts tell me that the board should work together as a whole. So my opinion is that in certain matters, the board must act as a group. Of course, I suppose the arguments and differences could be so severe that agreement could not even be reached on what, in fact, requires a consensus! However, the question remains, how to achieve a consensus when or if a severe rift occurs? Finally, a question I ponder is, can this lead to various conflicts and if subgroups of owners are prohibited in an association, then what about subgroups of boards? My final question is, what can management do about this if it is unaware of the situation? After all, if a board keeps management out of the communications loop, then management can't provide the necessary professional assistance. (Note 5.)
The way to resolve these situations is via communications. It may be necessary to make very specific requests, and to involve experts. The board of an HOA is comprised of volunteers and technically all are non-professionals and certainly are not paid professionals.
Is it possible to avoid these situations? It begins with the campaigning and election process in an HOA. That's worthy of another discussion but is beyond the scope of this particular post. A question I ask is: Would it be beneficial if candidates or potential board members had a comprehensive understanding of the duties and responsibilities of the board? There's an old saying "an ounce of prevention is worth a pound of cure." Once someone is on the board at this HOA, it's expected that they will fulfill their fiduciary duties commencing on day 1! Our association board's first major task is an intensive budgetary workshop. It's "hit the ground running!"
I've concluded that it is assumed that candidates or appointees know what is expected of them in their role as fiduciaries and what situations are to be avoided, etc. That might be a tall order in an association in which we have owners who are unaware this 35 year old community is a PUD and what that specifically means! (Note 3).
I'm advocating better preparation for candidates and board members. To that end, this association has prepared a six page, informal document entitled "BLMH Board Member – Summary of Duties and Responsibilities." (Most recent draft dated June 1, 2011). This has been prepared by several members of the board and is currently undergoing review by management. It remains to be seen if it will be used in this association. It would be in conjunction with another set of documents which include specific descriptions of "duties and responsibilities" for each board member.
The general document includes the following topics:
I. Being a member of the board.
II. Know your specific duties and assignments.
III. Be Prepared.
IV. Be a fiduciary.
V. Avoid conflicts of interest.
VI. Be a working member of the board.
VII. Be professional.
VIII. Be Realistic.
IX. Maintain the purpose and confidentiality of executive sessions and board meetings.
XI. Examples of Fiduciary Duties.
XII. Examples of conflicts of interest.
Resolving Conflict of Interest Issues
The next post will look more closely at how a fiduciary could resolve issues involving conflicts of interest.
Comments, Corrections, Omissions, References
Note 1. The necessity to avoid circumstances which could lead to conflicts of interest carries with it some choices. One of those occurred some months ago when I decided to avoid a small group at this HOA. Some of the members have stopped me over the years, and "gotten in my face" about their issues. I once told one of them "I don't agree" with their position on a specific issue. I was told "you are a hard, hard man!" Since then, owners and members stop me from time to time and attempt to enroll me in their perspective of what I should do as a board member. I've been told "this is the right thing to do," for example. If I choose any other path, I guess it is said I'm doing the "wrong" thing. I concluded that joining small groups could put me in a compromising position in which I might be expected to choose between duties to association and "friends." After all, what's the "right" thing to do? I think some owners truly believe that I should take care of individual owner issues and the association will take care of itself! I prefer to avoid the possibility of being in that situation. I once asked how to make such a situation work, but I haven't gotten a definitive answer and so I remain convinced, particularly in view of recent happenings, that it might put me at cross purposes. Other people are better than I am at resolving their issues with such potential conflicts, I guess. That was and remains a difficult decision for me.
I will avoid situations that could result in entanglements with small groups of owners. Its ironic that my stand on this matter has, in fact, gotten me entangled, and somewhat estranged!
I will avoid situations that could result in entanglements with small groups of owners. Its ironic that my stand on this matter has, in fact, gotten me entangled, and somewhat estranged!
Note 2. I've found the issue of "aloofness" to be interesting. There are always a few owners who want to "bend my ear" for the purpose of proving their case. Most have straightforward requests, some have demands. Sometimes their position is "This association is poorly run and here's more proof; what are you going to do about it, and by the way you should do something about it!" I've handled complaints by being direct in my responses, even when I was an owner (except then it was "isn't this terrible, the board should really be doing something about it. You agree, don't you!"). As a board member, I also tell owners the truth "I don't agree with you," or "I do agree with you" and on the issue of specific complaints "I can't make a promise about this." I've discovered that this may be twisted into "another example of poor communications or a lousy association." I have concluded the message to me might be "Its our way or the highway, Norm!"
As examples, on the issue of maintenance, owners will time to time issue complaints about a partially completed swale, incomplete landscaping related to a water main repair, a chimney which needs paint, a rusty conduit, flaking paint, etc. etc. I've taken this approach. Be honest and answer these queries or complaints "The association is doing it's best to responsibly maintain the property and balance a very tight budget. Certain repairs are done on a cyclical basis. Perhaps this was missed in the last cycle and it should be addressed in the next." and "Landscaping is just beginning for the year (this to complaints made in April)." Where appropriate, I then do one of all of the following: 1) advise the board member responsible for the area, 2) contact management to discuss specific problems, 3) put it in my notes as a possible issue which requires further investigation. 4) Contact other professionals for guidance. 5) Write an email or letter to the owner, or return a phone call, if that's appropriate, and 6) copy the content of discussions or emails to others on the board.
However, problems are prioritized. I put the roofing contracts a bit higher than "tadpoles in the stream."
Note 3. Improving the content of the newsletter is one method that is being used to address misconceptions by owners.
Note 4. "Conflicts of Interest" can be subtle. Sometimes, the decisions made to assure that the potential does not exist, are difficult and can have a financial consequence. Here's a "real world" example of the steps that businesses may take to avoid such conflicts. Some years ago I was involved as a principal in a technology company which provided sophisticated process control systems to various industries. We designed and provided systems comprised of hardware, software, engineering, documentation and training as part of this advanced technology, to facilities throughout the U.S. The technology we offered was to be the best. What did that mean? We wanted to achieve certain breakthroughs in reliability, productivity, cost reduction, fuel consumption, human safety, etc. It was inevitable that we would be required to make recommendations for "ancillary" systems for the owner to integrate. Those recommendations were to be unbiased and in the best interests of the client. The problem? The recommendations could be "tainted" by personal involvement, specifically ownership of common stock, in some of the companies making the software or hardware that we might be inclined to recommend. The solution? Our company had a policy that we should not own common stock in companies we might recommend. Was there a work around? Yes, it was permissible to own mutual funds which might include these companies. Was this a popular decision? No it wasn't. However, it mean that in the internal decision making process, that engineers and technologists would not be arguing a position based upon personal gain. It did allow us to honestly state to clients that we were making unbiased recommendations based solely on the merits of the situation. Oh, and by the way, these were not a "fiduciary" relationships and so there was no legal requirement to take this position. But we considered it to be the ethical thing to do, and we also considered it to be "good business."
Note 5. I've asked a professional about the range of issues and problems in HOA's and their boards and his response was "there are probably hundreds, if not thousands, of HOA's every day in which there are serious differences of opinions." Another professional made the comment "I've attended meeting in which things got really heated, and in one the board members came out swinging!" I've decided to look into this issue quite a bit deeper. I've been discussing HOA and HOA board dynamics and issues with an individual I'll describe as a "behavioral psychologist." I'm quite serious about this, but there are limits to the amount of time and money I can devote to this. Why would this be of such interest to me? There is the fact I do live in a condominium, but in fact, in the U.S. there were about 5 million condominium units according to a 1994 U.S. Census report. However, the Community Associations Institute has estimated that 62 million Americans live in planned communities, including condominiums of which there are more than 300,000! So I view it as an important issue for those 62 million Americans who have made a substantial family investment in this type of living. Can it be improved? Well, I live in one, so where better to find out?
Note 6. Maintaining impartiality and putting the betterment of the association ahead of personal or individual owner issues could be a difficult thing to do, I would think. An HOA board is comprised of individual owners. Each has a personal interest and a personal stake in the association. For many owners, the condominium they own is their largest single asset. So is it any wonder that things might get contentious in an HOA?
Labels:
Conflict of Interest,
Fiduciary Duties
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