Get 6 months of free community web site hosting from Community123.com!
Thursday, January 08, 2009
Banking Solutions for Community Associations (NCB) (National Bank)
Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
IHG Insurance (National Insurance Provider)
Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability.
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: financing ?
Prev Next
You are not authorized to post a reply.
Author Messages
MissyS
(Florida)

Posts:48


07/23/2008 10:05 PM  
We have several large projects that need to be done and we just don’t have the funds. I checked out CRB Financing Solution on this site and it sounds like it could be the answer. Has anyone gotten financing to help with major projects, and if so can you give me some pointers.
hoatalk


Posts:490


07/24/2008 6:24 AM  
Did you check with our sponsor, NCB?

HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal
hoatalk


Posts:490


07/24/2008 6:25 AM  
FYI: Click Here for NCB's contact info

HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal
JohnK3
(Pennsylvania)

Posts:565


07/24/2008 9:20 AM  
We're not seeking a loan, but I have a general question:

If an HOA gets a loan, what would it typically be secured with? Future dues and assessmnets? Amenities (for example, a clubhouse)? Real Property? Something else, or nothing at all?

Just curious.
MaryA1
(Arizona)

Posts:2498


07/24/2008 9:26 AM  
I've heard that if an HOA defaults on a loan, ALL the members of the assn are liable for the debt. If this is true, then I hope the board would really be careful with their decison to obtain a loan. Also, better check with the gov. docs. to make certain the board does indeed have the authorization to enter into a loan.
JohnK3
(Pennsylvania)

Posts:565


07/24/2008 10:19 AM  
Mary,

A look at our ByLaws reveals the Board can borrow up to $20K on its own; any higher requires a unanimous vote by Membership. Also, it indicates HOs would be on the hook for non-payment, as they state if an HO has a lien filed against their property by a Lender of the HOA, the HO can discharge it by paying an amount equal to their ownership % in the common areas (in our case, that would be 4.76% of the debt).

You learn somethng every day, eh?
GeraldT4


Posts:934


07/24/2008 11:24 AM  
MissyS - Are these projects capital improvements or are they repair and or replacement of common elements?
MissyS
(Florida)

Posts:48


07/24/2008 1:04 PM  
We need to have the perimeter fencing replaced at a cost of $75,000. Made a couple of calls and it appears our delinquent account percentages is too high. We have a handful of owners who are thousands behind and are going into foreclosure. Just those few owners dumps us from 4% to 12%. With the economy the way it is right now, a special assessment is going to be a hard sell, and we just don't have the money in the reserve.
KirkW1
(Texas)

Posts:1190


07/24/2008 2:44 PM  
You should look for other ways such as volunteer labor. But if each home owns 4.7% then my calculation shows you only have 21 homes. And the price seems pretty high for that number of homes.

Another thing to consider is can you simply remove the problem fence and not have one? It would be cheaper then replacement.
MaryA1
(Arizona)

Posts:2498


07/24/2008 3:25 PM  
Posted By JohnK3 on 07/24/2008 10:19 AM
Mary,

A look at our ByLaws reveals the Board can borrow up to $20K on its own; any higher requires a unanimous vote by Membership. Also, it indicates HOs would be on the hook for non-payment, as they state if an HO has a lien filed against their property by a Lender of the HOA, the HO can discharge it by paying an amount equal to their ownership % in the common areas (in our case, that would be 4.76% of the debt).

You learn somethng every day, eh?




John,

Do you live in a condo? I live in a planned community and have absolutely no ownership interest in the common areas -- they are owned solely by the assn.
The only provision I could find in my CCRs is this one: "the assn land shall not be mortgaged, transferred, dedicated or encumbered w/o the affirmative vote or written constent of the owners representing at least 2/3's of the votes entitled to be cast by the members of the assn." No mention of what happens if the assn defaults. Do you know if an owner in a planned community would also be liable for default of the assn's loan? Perhaps this only applies to condo assn's???
MissyS
(Florida)

Posts:48


07/24/2008 6:08 PM  
KirkW1,I can understand your confusion since I didn’t make myself clear. The percentage criteria that most lending companies require the association’s delinquent assessments can’t be more than 5% of the budgeted gross annual income.
JohnK3
(Pennsylvania)

Posts:565


07/25/2008 9:00 AM  
Kirk,

I'm the one with the 21 units, not Missy. Good point on possibly removing the fence, though, if there are no prohibitions for doing same.

Mary,

We're a planned community. And I miswrote on the trigger, which is not ownership of the common areas, but ownership interest in the Association. Still 4.76% liability, under any calculation, according to the ByLaws. Though I don't know how that becomes binding on the Lender, unless it was included in the loan agreement.
MaryA1
(Arizona)

Posts:2498


07/25/2008 12:15 PM  
Posted By JohnK3 on 07/25/2008 9:00 AM
Kirk,

I'm the one with the 21 units, not Missy. Good point on possibly removing the fence, though, if there are no prohibitions for doing same.

Mary,

We're a planned community. And I miswrote on the trigger, which is not ownership of the common areas, but ownership interest in the Association. Still 4.76% liability, under any calculation, according to the ByLaws. Though I don't know how that becomes binding on the Lender, unless it was included in the loan agreement.




John,

Thx for the clarification. Guess I was right in my original thought that even members in planned communities would be liable.
MaryA1
(Arizona)

Posts:2498


07/25/2008 12:16 PM  
Posted By JohnK3 on 07/25/2008 9:00 AM
Kirk,

I'm the one with the 21 units, not Missy. Good point on possibly removing the fence, though, if there are no prohibitions for doing same.

Mary,

We're a planned community. And I miswrote on the trigger, which is not ownership of the common areas, but ownership interest in the Association. Still 4.76% liability, under any calculation, according to the ByLaws. Though I don't know how that becomes binding on the Lender, unless it was included in the loan agreement.



You are not authorized to post a reply.



General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement