real estate

Check out HOA finances before buying condo

Highlights
  • When banks foreclose on condo owners, there are fewer people paying dues.
  • Ask owners what they know about the condition of the HOA before buying.
  • Buyers should be wary of a bank-owned building or a struggling developer.

Thanks to the economic downturn, condominium prices are dropping across the country. But if the homeowners association is in the red, a condo that looks like a steal can quickly become a money pit, leaving buyers on the hook for a lot more than they had bargained.

Here's how buyers can protect themselves before they sign on the dotted line.

Why knowing your HOA matters

Buying a condo isn't like buying a home, says attorney Roger Winston of Ballard Spahr's Bethesda, Md., office. Where individual homeowners must deal with costs associated with their property, condo owners delegate that duty to a homeowners association, or HOA, which has the power to collect dues, make special assessments and spend money for routine upkeep and special projects.

Of course, the money in the HOA's coffers belongs to those who own units in the condo, and how that money is managed should be just as important to a buyer as the asking price.

"You see a lot of great deals on condos right now," Winston says. "But given the current financial environment, you have to do your due diligence on the HOA to make sure you aren't buying into a situation you can't afford."

What can go wrong?

According to Winston, buyers can find themselves paying for a lot more than they expected if the HOA is unable to maintain the building. Expenses can include covering dues for unsold units, shared utilities and special assessments to fix faulty construction. Those are real possibilities in cases where the developer went broke and a bank took over the building.

In other cases, when banks foreclose on condo owners during a recession, and there are fewer unit owners paying dues, solvent owners might catch their HOAs reducing services in the building, such as pool maintenance and janitorial work, to cut costs.

Ideally, an HOA's reserve fund would cover the deficiency, but the wave of undersold buildings, individual foreclosures, bank-owned buildings and personal bankruptcies has left many condo owners with larger than expected HOA dues and special assessments.

What a buyer is entitled to

While the terminology and procedures vary by state, virtually every jurisdiction provides a mechanism for giving the buyer access to an HOA's financials, whether the buyer gets it directly from the HOA or via the seller. Typically, that information will include the HOA's balance sheet, yearly revenue from HOA dues, the reserve fund balance, notice of any pending lawsuits and information on recent assessments, as well as what percentage of units are behind on their dues.

Getting that information isn't hard, says Winston. The trouble is that most buyers don't fully understand what they find.

"There isn't a Good Housekeeping Seal of approval for condos," Winston says. "And unfortunately, there's no easy, economical way to look at the financials and figure out if the HOA is in good shape."

But there are warning signs, says Allison Scollar, a real estate lawyer at Guzov Ofsink in New York.

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"Buyers should be looking for a steady financial picture," Scollar says. "Big yearly spikes and dips in spending are good signs the building is in trouble."

Scollar says that emergency borrowing by the HOA and frequent special assessments are huge red flags. She also says a building with a high percentage of renters is a bad sign because the owners of those units don't have the same incentive to maintain the building.

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