FHA Certification

Effective February 1, 2010, the Federal Housing Administration (FHA) imposed new requirements for condominium projects. FHA insured mortgages are no longer available for the purchase or refinance of a condominium unit unless the condominium project, in which the unit is located, has been certified by the FHA. Also, many lenders who process conventional mortgage loans are now requiring that condominium projects meet all of the requirements for FHA Certification before they will grant any conventional mortgages to purchase or refinance a condominium unit.

There are some potential risks to eligible condominium associations that do not pursue FHA Certification. Frustrated co-owners may take action to find the association liable for the loss of sales opportunities due to the association’s refusal to pursue FHA Certification. Such claims may conceivably include the argument that property values were diminished on account of the association’s refusal. There may also be the possibility of a Civil Rights complaint being lodged against the association, claiming that the association had some illegal discriminatory motives to exclude certain persons from purchasing units in the condominium complex. These potential risks should be taken into consideration when deciding whether to pursue FHA certification for your condominium project.

Our firm provides assistance to condominium associations that which to pursue FHA Certification. FHA Certification is valid for a two (2) year period. Once the association has obtained initial FHA Certification, an application for FHA Re-Certification may be submitted up to six (6) months prior to and after the initial FHA Certification expiration date. If you are interested in pursuing FHA Certification for your condominium project, please contact our office and we will be glad to provide a proposal for assisting you in this process.