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Federal Housing Administration (FHA) Determines Common Provision in Condominium Declaration Prevents Approval - Requires Amendments.

June 3, 2013

The Federal Housing Administration (FHA) recently decided that a common provision in condominium declarations violates Section 513 of the National Housing Act. It is, therefore, refusing to provide FHA approval to condominium associations with this provision. Declarations commonly restrict short term occupancy (hotel and transient occupancy) of less than 30 days. Occasionally, you will also have an exception to this provision for lenders who take title through foreclosure. The FHA has targeted the lender exception and decided it violates Section 513. No condominium association with this exception will get or remain FHA approved and the FHA has flatly taken the position that any such exception must be amended out of the declaration to get or retain FHA approval. According to the Community Association Institute (CAI), associations around the country are being denied FHA approval based on this decision. CAI continues to lobby nationally to try to resolve this problem without amendments to declarations, but the FHA decision stands for now. If your condominium association wants become or remain FHA approved, Morris Sperry can quickly determine whether you have this provision and if you do, prepare an amendment allowing your condominium association to remain FHA approved. According to CAI, FHA has no intention of taking away FHA approvals already granted, but will strictly apply this decision in any future renewal or first-time application.

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