Thursday, May 24, 2007

The Byzantine World of HOAs and Their Management

☼ A question was posed to me via email about how much money could be made by being the manager of the Ponte Vista HOA. The writer also gave the example of a relative who had been assessed a "Special Assessment" for re-roofing the building. The second part of the question was whether all units would pay the same.

Much of this is murky because it will not be absolutely determined until the project is finished and turned over to the HOA.

I do not live in a condo, but I have in the past and I've owned some investment properties which were condos. My answers are based on personal experience and might not be complete. I might get some stuff wrong, so I would appreciate any assistance in corrections and fine-tuning.

☼ Let me start with the "easy" answer first. Any HOA which has to go out with a "Special Assessment" for regular maintenance such as roof repair, dropped the ball. This should have been calculated into the monthly fee. This type of problem is usually symptomatic of smaller associations who try to do it themselves. State law requires they keep a reserve for this type of thing. But when you have the owners trying to do things themselves without professional assistance, they often overlook obvious potential problems. The state also requires a reserve for calamitous events. In all fairness, with people being late on the HOA dues, or bringing the funding back up after a major expenditure, etc. maintaining these separate reserves can be difficult. But that IS what the management company gets paid for.

☼ The more common way in which HOA fees are currently calculated is a base, plus additional for the size of your unit. Bigger units take more maintenance for certain items. So someone who owns a little loft will not be paying as much as someone with a 3-bedroom.

While it seems like a large amount of money being collected, all of it is being paid out for maintenance, and (hopefully) to maintain the mandated reserves. (Oh, by-the-way, the developer is obligated to turn over the project to the HOA with all reserves funded.) So even though it's a bunch of money, it is not going in the manager's pocket. HOA managers are like any other property manager in that they work on a percentage of fees collected. For large complexes it hovers around 5%, although if the association is tough they can negotiate that down. For smaller complexes it can be as high as 10%.

☼ The other thing to remember is that Ponte Vista will not be 2,300 units. I have not supported that many units from the beginning. And as Mark Wells pointed out in his blog, Bisno Development said they are presenting a new proposal on June 18. Some people feel they could present an even bigger project, but I think they are going to come in with a lower number.

This is good. Less units means more area for green space/parks, or adding more retail. I'm looking forward to hearing what they have to say.

I was heartened to hear that it was expressed that there might be some meetings AFTER the presentation in which the CAC will try to reconcile the new proposal with what they have recommended so far.

☼ Regarding "glorified garages" and units of 600-700 sq.ft.. I have to admit I am expressing personal opinion here. There are reasons to buy an existing home, and there are reasons to buy new construction. Personally I would not want to deal with the problems inherent in a 25-30 building. I've had to deal with them before in some of my investment properties. They turn out to be money-pits. But if you have the time and desire to work on fixing the place up, they can be worthwhile. But they are still not cheap. $400,000 for a fixer-upper is not in the same league as new construction.

☼ While people talk about the average price at Ponte Vista, they should be talking about the median price. Straight averages are not an accurate representation. Medians are. If you look at any real estate articles, they always talk about the median price.

However, neither average, nor median prices can be calculated until we know how many units, how many bedrooms, and projected sales prices. Hopefully this will be presented at the June 18 CAC meeting.

☼ The last item is Miraleste Canyon Estates. Thanks Mark for the contribution. The high percentage of renters in that complex definitely keeps the property values down. In addition it is '70 chic. All the floorplans are just about identical and they are just boxes set next to each other. I would live there as a renter, or perhaps as a starter home, but that's about it. Because of the depressed market values, you are just not going to get the price appreciation you would in a different location.

I hope this brings up more items for us to discuss and make suggestions about.

Tom Field

5 comments:

M Richards said...

Tom,

You wrote that you had " owned some investment properties which were condos." Does your statement mean that the condos you owned were rented out to others or leased out to others?

If this is the case, you have made my point that CC&Rs cannot be written to keep renters out, it seems to me.

What makes this troubling is that ANY counts based on "owner-occupied" units, and based on ITE Trip Generation tables for these types of units will undercount the actual number of vehicles per day because the ITE Trip Generation Tables show a higher per day vehicle count for apartments than owner-occupied condominiums do.

It then doesn't matter how many "owner-occupied" units Bob will put in his new plan, because even the lower number of vehicles, as figured by the ITE tables will still be invalid because we know that not all "owner-occupied" condos stay that way.

I may be incorrect and I hope you clarify your "investment", but it seems to me that the development(s)you invested in would have has the incorrect traffic counts because of the rentals and leases that you may have invested in.

This is certainly not an attack on you, Tom, but your "investment" has created some questions that you would be most qualified to give us information about, and you definitely have every right in a free economy to make investments that will help your portfolio.
MW

Tom said...

Mark,

Yes, I purchased the first one and lived in it. After that I bought more and leased them out. You are correct (did I ever say you weren't?) about it being very tough to control this type of issue. Case in point ins Miraleste Canyon Estates. And it does, in fact, create more traffic.

Definitely one of the BIG points he will need to address.

Tom

M Richards said...

Thanks Tom, for helping me to understand.

So if the CC&Rs at the developments you had condos at, and the CC&Rs at Miraleste Canyon Estates can't stop rentals and leases, then I feel we need to all look at the DEIR and the FEIR for Ponte Vista and make sure that whatever the counts are for numbers and types of units, there needs to be a most accurate reflection of what the prediction for trip generation.

Would it be wrong to suggest that if Bob continues to use condos as his main type of units, that his traffic study be based on ITE trip generation for apartments instead of condos, because that may more accurately predict the highest number of vehicles per day, and therefore the worst case senario for all of us to judge?
MW

Tom said...

Mark,

Unfortuantely, there is no way to predict what percentage of the units might wind up as rentals. Therfore the closest estimate is using the condo number.

What we CAN do is suggest that the CC&Rs be written so that the HOA has more authority to regulate when a condo becomes a rental. Just about everyone CLAIMS that the condo is their primary residence when getting their mortgage. This gives them a lower mortgage rate, plus tax breaks. If the HOA had the authority AND REQUIREMNT to report to the relevant authorities whenever a condo became a rental, it would surely discourage owners from turning the place into another Miralest Canyon Estates.

M Richards said...

Tom,
How about using the difference between the owner-occupied condominium ITE Trip Generation Table and the table for apartments. That might be one way to get a better handle on what the actual numbers may be.

Because none of knows how many units built at Ponte Vista will become rentals and leases, pehaps we should err on the side of the higher number or the difference.

In my dealings with the many Emails I get and respond to, there seems to be more than several folks who have provided me with stories of how they live in condos or how their family members live in condos, all having up to 25% of the units actually being rented out. I don't post these Emails because I can't varify if what they are writing is something I can independently varify. I still wonder how many units at Miralest Canyon Estates are lived in my renters or leasees. I wonder if some of the two-bedroom units have more than one family living in them.

I don't see how an all-condominium Ponte Vista won't become in time, much like Miraleste Canyon Estates or even somewhat like Scottsdale Estates.
MW