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Homeowner's Association Question Letter

Homeowner's Association Question LetterCA AssociationPage 1 of 6 Borrower: Sellerfirst SellerlastAddress: 333 Test Property Address Test-Unit 209 City, St 99999 Certification Number: XXXXDate Project Last Updated: 03-15-2016 Date Ordered: Order Date#QuestionResponseProject Agency Eligibility Association is the units within this project attached or detached? the project managed like a hotel or motel, even though the units are individually owned? check applicable boxes below if any of the comments are true regarding the project:Daily cleaning service is offeredInterior doors that adjoin other unitsProject advertizes rental ratesProject has central key systemsProject has a central phone systemProject has restrictions on interior decoratingProject has a registration serviceProject is a conversion of a hotel or motel or other similar transient propertiesProject is located in a resort area (specific resort area)Project offers franchise agreementsRoom service is offeredThe Project includes the word hotel or motel in its nameUnits are typically sold furnishedUnits can be leased on a daily or weekly basisUnits do not contain full-sized this Association have a r

Homeowner's Association Question Letter CA Association Page 2 of 6 Question Response 12. Is the project a common interest apartment or …

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Transcription of Homeowner's Association Question Letter

1 Homeowner's Association Question LetterCA AssociationPage 1 of 6 Borrower: Sellerfirst SellerlastAddress: 333 Test Property Address Test-Unit 209 City, St 99999 Certification Number: XXXXDate Project Last Updated: 03-15-2016 Date Ordered: Order Date#QuestionResponseProject Agency Eligibility Association is the units within this project attached or detached? the project managed like a hotel or motel, even though the units are individually owned? check applicable boxes below if any of the comments are true regarding the project:Daily cleaning service is offeredInterior doors that adjoin other unitsProject advertizes rental ratesProject has central key systemsProject has a central phone systemProject has restrictions on interior decoratingProject has a registration serviceProject is a conversion of a hotel or motel or other similar transient propertiesProject is located in a resort area (specific resort area)Project offers franchise agreementsRoom service is offeredThe Project includes the word hotel or motel in its nameUnits are typically sold furnishedUnits can be leased on a daily or weekly basisUnits do not contain full-sized this Association have a rental desk, short term occupancy or daily cleaning services?

2 The Association a timeshare or segmented ownership project? there an onsite rental office? the Association have an established rental pooling agreement that requires unit owners toeither rent their units or give the management firm control over the occupancy of the units? the project require "blackout dates" or continuous occupancy limitations for the unitowners? any of the units under 400 square feet in size? the Association a houseboat project?Test AddressUpdated DateHomeowner's Association Question LetterCA AssociationPage 2 of the project a common interest apartment or community apartment project? (This is a projectthat is owned by several owners as tenants in common or by the homeowners Association inwhich individuals have an undivided interest in a residential apartment and have the right toexclusive occupancy of a specific apartment building.)

3 The project an investment security (defined as projects that have documents on file with theSecurities and Exchange Commission or projects where unit ownership is characterized as aninvestment opportunity). the project have any non-incidental business operations owned or operated by thehomeowners Association (such as but not limited to a restaurant, spa, health club, etc.)? the project a legal non-conforming use of land? (Zoning requirements must allow theproject to be rebuilt to encompass the same number of units or density in the event of full orpartial destruction. Answer "No" here if the project is legally conforming zoning.) there any manufactured housing units within the project? the project a conversion of an existing building? the Association subject to inclusionary zoning (meaning some or all of the units may haverestrictions on them including but not limited to age, income,etc.)

4 Which may affect futuresales? the Association contain any commercial space? (Please define the use of the commercialspace in the comments section of this Question ). the project permit an owner to hold title (or stock ownership and the accompanyingoccupancy rights, for co-ops) to more than one dwelling unit, with ownership of all units (orshares) evidenced by a single deed and financed by a single mortgage (or share loan)? the project a condominium hotel? this project a site condominium (it contains all detached units but is still zoned as acondominium)? the Association an assisted living community providing meal or health care services? If yes,describe the additional services provided in the comments section of this any of the common area leased?Sales and Construction all of the units within the Association completed?

5 All of the common areas completed? the project subject to additional annexation or phasing? year was the project built (completed)? that control of the homeowners Association was turned over or will be turned over to theunit control of the Association been turned over to the unit owners? the Association subject to a master or umbrella Association ? Homeowner's Association Question LetterCA AssociationPage 3 of Association includes the following amenities:Occupancy number of units within the number of units sold and closed within the number of units sold but not closed within the many units have onsite mailing addresses? many units have offsite mailing addresses within the Association ? many units are used as rental units? number of phases within this there individuals that own more than one unit within the project?

6 Multiple unit number of units still owned by the number of units owned by the developer that are completed and leased by the number of units owned by the developer that are completed and are actively being and Budget indicate the dollar amount within the Association 's reserve number of unit owners currently more than 30 days delinquent in homeowner dollar amount of delinquencies (for the unit assessment over 30 days) number of unit owners currently more than 60 days delinquent in homeowner dollar amount of delinquencies (for the unit assessment over 60 days) indicate unit assessment ranges for this units are assessed equally is the frequency of the assessment charge? the taxes for the individual units included in the fees? the units separately metered for utilities?

7 And services included in the unit there any mortgages outstanding for the Association (only include loans secured by realestate)? Homeowner's Association Question LetterCA AssociationPage 4 of reserves budgeted for the the HOA budget adequate, including funding of replacement reserves for capitalexpenditures, deferred maintenance (at least 10% of the budget), adequate funding forinsurance deductible amounts and allocations for line items pertinent to the type ofassociation? income budgeted for the the general maintenance level of the common elements acceptable and is there no deferredmaintenance, based on the comments by the appraiser and/or the pictures? there recurring transfer fees paid to the developer?Title and Ownership all units owned fee simple? any units owned as leasehold estates?

8 Any of the common areas still owned by the developer? the unit owners have sole ownership and the right to use the project's facilities?Legal there a right of first refusal clause contained within the Association 's governing documents? the unit part of a condominium regime that provides for common and undivided ownershipof common areas by unit owners? there any provisions in the condominium project documents that give a condominium unitowner or any other party priority over any rights of the first mortgagee of the condominiumunit pursuant to its mortgage in the case of payment to the unit owner of any condemnation orcasualty loss that affects either a material portion of the project or the unit securing itsmortgage? the legal documents of the Homeowner's Association contain language that protects thefirst mortgagee rights?

9 The Association have Articles of Incorporation and Bylaws? If not what documents areused in lieu of Articles and Bylaws? the Association or the developer (if the project has not been turned over to the homeownersassociation) involved in any current or pending litigation? If yes, a comment is required. (Donot include neighbor disputes or rights of quiet enjoyment, litigation where the claim amount isknown and the insurance carrier will provide defense and coverage, or where the HOA isnamed as a plaintiff in a foreclosure action or to collect past due assessments). asbestos, lead-based paint or any other environmental toxin present in any unit or commonarea of the development? If yes, a comment is unit is taken over in foreclosure or deed-in-lieu of foreclosure, secondary market agencies(Fannie Mae, Freddie Mac and FHA) allow HOA assessment to have a limited priority overtheir first lien position.

10 Do the Association governing documents or the state's statutes allowfor the limited collection of past due assessments priority over the first lien position? Homeowner's Association Question LetterCA AssociationPage 5 of the project located in a jurisdiction that has enacted the Uniform Condo Act, UniformCommon Interest Ownership Act or similar statutes that provide for regular common expenseassessments? the units subject to "private transfer fee covenants" that have been created on or afterFebruary 8, 2011 as defined in FHFA regulation 75 FR 49932 ? homeowner there any current special assessments or governing body approved special assessments,against units within the Association ? If yes, a comment is is the length of the current management contract (in years)? the management contract require a penalty for cancellation or an advanced notice of atleast ninety days?


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