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MicheleH4 (Washington)
Posts: 27
Posted:
As our discussion within the campaign group moves on, and we discover there are at least 37 out of 150 homes (at least, we have a few more streets to check) that are owned by trusts/corporations.

Does anyone have a source around what an IDEAL ratio is for owner occupied to trust/corps?

Seeking that data to get a more complete snapshot of our neighborhood AND the challenge we do face around elections and assessments and dues being paid.

Lots of issues around this ratio question.
Of course.

Some are financial (the issue of higher mortgage rates for homes in high-rental neighborhoods; still valid?).
Some are somewhat stereotypical (the belief that "owners take better care of their homes," again a stereotype, but many will find truth - small or big - in it).

I'm not asking if an HOA board can slow or stop the buy-up of homes by corporations. That's not the question.

The main question: Is there an ideal ratio of homes "owned" [mortgages] by residents to corporations/trusts that then rent out their homes? Thx.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MicheleH4 on 11/26/2023 10:08 AM
Lots of issues around this ratio question.
Of course.

Some are financial (the issue of higher mortgage rates for homes in high-rental neighborhoods; still valid?).
Some are somewhat stereotypical (the belief that "owners take better care of their homes," again a stereotype, but many will find truth - small or big - in it).
I do not think there are "lots of issues" around the ratio. There are the two issues you name and that's about it.

There is lots of debate about whether to have rental caps, as I believe you know.
Quote:
Posted By MicheleH4 on 11/26/2023 10:08 AM
The main question: Is there an ideal ratio of homes "owned" [mortgages] by residents to corporations/trusts that then rent out their homes? Thx.
Any FHA loan requirements aside, don't you think this depends on who you ask?

The FHA is wonderful at hiding what it's latest requirements are. The requirements do change from time to time.

The only thing I feel comfortable saying is that FHA loans might not have any such cap for single family home HOAs. By my reading, the only cap that exists applies only to condominiums. People should double check me on this, as I could certainly be mistaken.

Elsewhere you indicate you are someone trying to get on a board where you may very well be the minority. If I were you this ratio would be the least of my immediate concerns.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Ideal from whose perspective?

No, there is no "ideal" ratio, although there are some who would say that no rentals at all is best.

Aside from legal or financial requirements, there are local laws and the community's characteristics that will affect how rentals play out in reality. You also have to state whether you are talking about traditional, long-term rentals that are subject to the state's landlord-tenant laws vs. short-term "rentals" that are mostly not regulated and that I do not consider to be rentals at all since the people staying in them are not living there. STRs are hotels/commercial activity, and the community's CC&Rs and zoning laws may not allow these things.

In addition, quiet, well behaved tenants can be indistinguishable from quiet, well behaved owners in terms of their impact on quality of life. They, or their landlords, will have impact on other things, though - such as difficulty in finding enough willing volunteers to serve on the board, thus putting more of a burden on the owner-occupants.

The bottom line is that the interests of owner-occupants and those of landlords do not coincide. Numbers will not capture the extent to which this is true - and you will not arrive at any kind of evaluation of what's optimum by ignoring the non-quantifiable inputs.
CathyA3 (Ohio)
Posts: 6,299
Posted:
The FHA cap is currently at 50%, by the way.

One of the problems is that this cap can change with little public fanfare - as happened during the Great Recession/Housing Downturn, when it dropped from 50% to 25%. So the communities that were then over 25% but below 50% rentals suddenly became ineligible. The owners with FHA loans in the affected communities, who may have wanted to re-finance their mortgages when interest rates were lower, were unable to do so unless they looked for other options which may not have been available either. There was financial pain all around.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
There is no ideal ratio, but my experience is that Corp rentals do not participate in HOA matters at all and lead to more apathy. Anything more than 1/3 rentals will typically interfer in getting hoa business done since most governing docs have 2/3 majority needed to pass major changes.

ours is around 25% and I wouldn't want it any higher. If it was less than 10% that would be nice, but the genie is already out of the bottle. I just want to pass a ccr amendment that prevents it from getting any bigger by requiring 2 years before it can be rented out.

vis ta vie
MicheleH4 (Washington)
Posts: 27
Posted:
THANK YOU!

THIS is what I was hoping someone could address/discuss/cite.

More than 1/3 rentals.

We do face the 2/3 majority and/or just raw numbers.

A lot of and/or just many renters simply DOES explain the amount of utter apathy.
If you don't own it, you don't care and you don't get a vote and you don't care!
You just want the landlord to keep everything together for the huge amount of rent you're paying.
Streets, playground, elected board members, stormwater ponds that are leaking or backing up?

Yeah, who's gonna step up to help decide? It won't be the corporate landlords.
Unless there's another campaign mounted to go get them. Yow.

The 2 years of owner-occupied requirement is interesting. I personally like it.
But I can't imagine the heavy lifting around that, if I can't get much outrage and action
around a $60,000 playground that still - on social media anyway - didn't get positive feedback the first 4 straw polls (!!) sent out to "test
the waters" by the lame-duck/done-and-out-board members
who are wailing on it.
MicheleH4 (Washington)
Posts: 27
Posted:
To date, I and the campaign teamm - which has a few "pioneers" from the first days, first homes - don't know of any Airbnb or other short term or even "visiting nurse for 6 months" type of rentals here.

Which is a blessing.

The local climate around Airbnb has turned very chilly and Airbnb has clamped down on users who allow
the huge parties that wind up needing police services.

Hoping that remains so.
KerryL1 (California)
Posts: 14,550
Posted:
I remember Cathy's numbers, which were scary during the Great Recession when our rentals went up to 43%. And we DID have a few problem renters due to a few owners being very desperate and not qualifying their tenants very well.. We very rarely have FHA buyers, BUT FHA guarantees the loans on reverse mortgages, which a few elderly owners have wanted to help them "age in place."

Our landlords have been about 25% of our condo units' owners for several years now. And, it's true it was difficult getting them to vote to restate our CC&Rs in '22 (needed 67% approval). But we kept after them with email flyers, personal emails, etc. The HOA also sent each nonvoter a second ballot/ envelope package with a stamp on the return secret ballot envelope of off-site Onwrs . That DID help. As with so much in life, it took hard work. We did persuade many to vote, but not nearly as many in terms of a % as owner occupants, or multiple homes/occupants.
LetA (Nevada)
Posts: 2,679
Posted:
How is an HOA really supposed to know if X house is owner occupied or a rental? Looking solely at mail to addresses really means nothing unless the mail to address
is a commercial address.

In an Ideal world, the number would be less than 10% rentals and Zero on STR's.

If it is the quality of renters you are seeking to exclude, you can put on the agenda to amend the CC&R's or simply add a rule and reg to your governing documents. It depends on how your CC&R's
are worded. If your CC&R's say the board can make changes to rentals etc then I would add a stipulation like all new rentals must use a real estate agent or rental broker. All rentals must be background
checked, all rentals must read and acknowledge the communities governing documents.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Cheaters cheat. No matter what you put in place concerning renters it is easy to "sneak" a renter in. Unless the BOD has a "heavy" willing to confront the "new people" how is one to know?

Those owners that have the attitude that this is my property and I can do as I wish are the root of many problems be it with them direct or their renters.

As an example. Our Covenants say one cannot rent their unit (patio homes) during the first year of their ownership. I know of at least three "violators" but they are family members. Parents buying the place and their child living in it. In one case a daughter buying the place and her Dad living there. Are these rentals?
JoeN6 (Virginia)
Posts: 94
Posted:
“ in one case a daughter buying a place and her dad living there. Are these rentals ?”

I wouldn’t exactly call it a rental even tho dad is giving daughter rent money . Is there a lease ? Probably not . I wouldn’t call it an “ arms length rental “.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By CathyA3 on 11/26/2023 11:35 AM
The FHA cap is currently at 50%, by the way.
For non-condo HOAs (like the OP's subdivision of single family homes on lots) too?

Time and again all I see is a reference to an FHA cap on condos.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By LetA on 11/26/2023 2:07 PM
How is an HOA really supposed to know if X house is owner occupied or a rental?

Not sure how many states have something similar, but in Florida owners can take a property tax exemption (homestead) on their primary residence, only one "primary" residence can be designated. This info is public records and can be looked up online, at least in larger counties. This can help determine how many homes are owner occupied, but still doesn't tell which ones are rented. The homes without the exemption could be second homes, vacation homes, vacant, or otherwise not rented out.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Myself, I would prefer no renters. That said, I would implement a very strict strict policy including renters sign on to and obey the Covenants/bylaws. Renters can be directly fined for violations and if the owner falls behind on dues, the renter must pay the dues directly to the association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
As a lawyer told me... The HOA does NOT own your home. It may own the land around it. A HOA would be a "third party" to any lease agreements. IMO a good lawyer can defend an owner whom wants to rent in their HOA despite the "restrictions" a HOA may have in place. That is because one has to go by the STATE laws when factoring in rental restrictions. Which in most states do not exist. There are a few like California and Florida that may have state laws in place to address HOA rental restrictions. Even in those states the old laws are "grandfathered in" in older properties etc...

My rule of thumb is what FHA/PUD form spells out is the acceptable ratio. Once a HOA falls out of that ratio, then expect a few things to happen. 1 is limited loan programs being offered to potential buyers. Meaning FHA/Fannie Mae/Freddie Mac loans no longer offered. A potential buyer may only be able to do certain type of loans that may have higher interest rates. The 2nd thing is re-financing. That will take a hit. People wanting to refinance may face higher interest rates. Rental may make the HOA look bad to potential buyers.

The best thing a HOA can do? Is to make it that owners whom rent must put in their lease agreements that the renter MUST follow the HOA rules. If this is NOT in their lease agreement, it hurts most parties. The HOA can't evict tenants in many states. They must hold the owner's feet to the floor for their renters violations. The owner can't evict their tenant if it's not in the lease the renter must obey the HOA rules. So the HOA will fine the owner and the owner can't evict or enforce much on their tenant for it. Having that caveat in the lease helps since there are a thing called "Tenant's rights".

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By ElleN on 11/26/2023 4:49 PM
Posted By CathyA3 on 11/26/2023 11:35 AM
The FHA cap is currently at 50%, by the way.
For non-condo HOAs (like the OP's subdivision of single family homes on lots) too?

Time and again all I see is a reference to an FHA cap on condos.

According to the article below, you can get FHA financing in HOAs as well:

FHA Loans and Your Homeowners Association

I suspect one difference is that HOAs may not want to bother with filing the necessary paperwork to be certified. It's a lot of work, and you have to re-certify every few years (the re-certification is less burdensome). Another difference is the demographics in condo communities vs. HOAs. Condos tend to attract first-time buyers who may not be able to scrape together a large enough down payment to qualify for a conventional loan. HOA buyers are more likely to be moving up to larger homes and will have the money available.

My employer completed the initial paperwork for my community, and they had a good incentive to do so. The housing market had slowed down, and we still had homes to sell. We expanded the pool of potential buyers by becoming FHA eligible.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JoeN6 on 11/26/2023 3:20 PM
“ in one case a daughter buying a place and her dad living there. Are these rentals ?”

I wouldn’t exactly call it a rental even tho dad is giving daughter rent money . Is there a lease ? Probably not . I wouldn’t call it an “ arms length rental “.

When we were looking at amending our rental restriction, the lawyer recommended treating first-degree relatives (parent, child, or sibling) as owners, not tenants. Nothing good can come of interfering in family relationships.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By CathyA3 on 11/27/2023 4:49 AM
Posted By ElleN on 11/26/2023 4:49 PM
Posted By CathyA3 on 11/26/2023 11:35 AM
The FHA cap is currently at 50%, by the way.
For non-condo HOAs (like the OP's subdivision of single family homes on lots) too?

Time and again all I see is a reference to an FHA cap on condos.


According to the article below, you can get FHA financing in HOAs as well:

FHA Loans and Your Homeowners Association
Right, I know people can get FHA loans in single family home subdivisions with HOAs. My question is whether the FHA program has a rental cap in such non-condo HOAs.

From reading the many sites that speak of FHA rental caps, my sense is that FHA rental caps apply only to condo associations.

Again I could be wrong.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 11/27/2023 4:49 AM
Posted By ElleN on 11/26/2023 4:49 PM
Posted By CathyA3 on 11/26/2023 11:35 AM
The FHA cap is currently at 50%, by the way.
For non-condo HOAs (like the OP's subdivision of single family homes on lots) too?

Time and again all I see is a reference to an FHA cap on condos.


According to the article below, you can get FHA financing in HOAs as well:

FHA Loans and Your Homeowners Association

I suspect one difference is that HOAs may not want to bother with filing the necessary paperwork to be certified. It's a lot of work, and you have to re-certify every few years (the re-certification is less burdensome). Another difference is the demographics in condo communities vs. HOAs. Condos tend to attract first-time buyers who may not be able to scrape together a large enough down payment to qualify for a conventional loan. HOA buyers are more likely to be moving up to larger homes and will have the money available.

My employer completed the initial paperwork for my community, and they had a good incentive to do so. The housing market had slowed down, and we still had homes to sell. We expanded the pool of potential buyers by becoming FHA eligible.

Here's a better link than the one above, which is too cutesy:

Office of Housing, U.S. Department of Housing and Urban Development

In short, yes - many forms of housing can be FHA-eligible. The community just has to file the necessary paperwork.
ElleN (Idaho)
Posts: 4,420
Posted:
The California Davis-Stirling legal beagles say that FHA certification "applies to condominium projects not planned developments." See https://www.davis-stirling.com/HOME/F/FHA-Certification-Requirements
TerriS6 (California)
Posts: 3,284
Posted:
In California, an HOA cannot restrict the number of rentals allowed to less than 25%.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I don't know what to tell you. According to the California posters around here, the state doesn't distinguish condos from single family HOAs - they're all HOAs. I don't know enough to have an opinion.

The HUD web site says the following:

"The Office of Single Family Housing (SFH) supports affordable homeownership and refinancing opportunities for qualified borrowers through its Single Family mortgage insurance programs. FHA's Single Family mortgage insurance programs protect mortgage lenders against losses from default, encouraging lenders to provide mortgage financing to eligible homebuyers, including first-time and low-to-moderate income homebuyers and individuals and families of color. Historically, more than 80 percent of purchase transaction mortgages insured by FHA every year are for first-time homebuyers."

See FHA Single Family Housing