Condo boards everywhere are unprepared for serious repairs
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Nobody wants to pay for what is a collective problem. Sometimes I think condo's shouldn't even be legal because of this. They should all be apartments with a central management company.
The solution is really tightening fiducial regulations on condo HOA's. There could easily be a formula of like 10% of annual dues need to be put in a rainy day fund or something... Banks have started to tighten their lending around condos and ask for more up front financial info.
There is no way you can financially prepare for the magnitudes of repairs needed in their case.
We looked at a large number of buildings in the area, and was surprised that maybe 1% of the information you need to assess board/management competence is available online. Generally we'd have to do our own DD talking to people in the buildings.
IMO it makes a huge difference, >10% of the purchase price should be on the quality of the board and management.
Seems like a startup opportunity to be Yelp for Condo Boards/HOAs. (I'm sure there are a dozen+, of course. I haven't done the DD on that!)
A forum can also be setup if necessary.
Board meeting minutes are not hidden from owners, but probably are not public info. (Stuff like bids and fines are recorded there.)
* ticketing system with management company
* way to set up ACH/dues payments
* ways to look at docs and minutes
* way to communicate with the board
* calendar of the board meetings
* way to communicate with the other owners
Sure, you could put that together mostly with Gsuite functionality, but an integrated modern product would be really great.After a few startups, I've learned that you have to love the problem domain to survive the startup grind.
I don't love the problem domain of HOA and HOA management.
I'm also unsure what the sales cycle would be like, so the first step, if I (or anyone else) were to head down the path, would be to call up a bunch of boards and/or management companies and see how they buy.
We have a management company, but working with them sucks. There's no good ticketing system or visibility from board to the management company to make sure follow through happens or is fair.
From what I could tell, most of the software in this space is marketed to management companies, not HOA boards. Of course the management company doesn't want to pay for it, so we're stuck. And this is the best of 3 management companies I've worked with.
Fannie mae and freddie mac require at least 10% of gross dues go into reserves. FHA and VA have higher standards. So only cash buyers, or buyers with non standard loans can buy condos that don't meet this requirement. But unless a condo is a townhome style building where there is very little common property this should really be 25% or higher
We were lucky to have a decent management company that provided a lot of guidelines and information about what we should be doing. As well as the things we were obligated to do (either because of bylaws or laws, in Texas). Still, any time there was a storm resulting in additional costs for landscaping/cleanup, or work on a damaged/degrading stone wall, or the pool area, etc. We heard about it from some neighbors who didn't want to spend any money, because it didn't directly affect them.
It's definitely an area that more regulations would help everyone involved. We were not experts, but could make some decisions if we had the right information (or knew what questions we should ask).
Yet they choose to live in a collective structure. It's essentially another level of government entered into via contract. Maybe they should choose to live in an independent residence if they didn't want that.
But collective structures are difficult at all scales. Some people have a fair bit of money and want issues, even just aesthetic ones, fixed now. And others are probably living paycheck to paycheck.
I think there is an underlying trend of that due to certain populations’ socioeconomic status slipping, and I think with the slowdown in population growth, we will be seeing more if it as society decides how to allocate fewer resources.
In your example, the neighbors are the tribe. The other people on the other side of town who are poorer, for various reasons, simply will not get a park.
However, if the economy is growing and everyone is moving up the ladder, then it will be easier to spread the fruits around to everyone. You are likelier to support taxes and condo fees to assist others, since you yourself are not stagnating or moving down the ladder.
It depends, but I generally agree. I would say the mentality should be that it benefits the community and not necessarily any one person.
"The other people on the other side of town who are poorer, for various reasons, simply will not get a park."
I don't think you understand just how small most small towns are. Many times there's only one park. If it is tribal at all, there tends to be only one tribe (or there are personal issues).
"we’ll raise money for our neighborhood park, but of course they have money since their ancestors got there first (or maybe worked harder?) and passed down their land or whatever other structural advantages."
The current generation (and previous one or two) are worse off than before. The mines and mills have shut down. The vast majority of the factories have been offshored. The industries that have replaced them, like tech, have mostly consolidated in just a handful of large cities. Most have little to no money.
The land you talk about is really a negative point. The family farms generally get divided when handed down. Or they simply are too small by today's standards. They get consolidated by corporations. The land in these areas isn't worth very much either ($500-1000 per acre).
So what assets they get handed down are diluted, and aren't worth much in the market (even depreciated). The structure has been going against them for decades (jobs move out, people move out, demand drops, prices drop). The region is severely economically depressed. These are people working and organizing to make their community better. This is what government should be. Not some distant vague entity that wants to solve everything through taxes.
Here's an example, in the area I'm in now I am part of an organization. They wanted a few trees cut down that weren't near anything. It would be easy to do. The people cutting them down could even use or sell the wood. It would be no risk and no cost to the organization. Instead they chose to hire someone at a cost of a few thousand dollars...
We shouldn't have a democracy; people won't vote for reps who will vote to pay for things that don't directly affect them.
It's a problem as old as time :)
Buying into a condo has the risk of this sort of thing happening. It has to be carefully assessed.
IMO for condos specifically, the board shouldn't have to hold a referendum to do special assessments. It should be a majority of the board.
I was on the board of a 10 unit condo building. The annual budget for the association was ~$60k. We had a reserve provision of 10% of dues, plus whatever was leftover in the budget at the end of the year.
Even with that budgeting provision we had several additional assessments over the course of a decade. Those assessments were used to address roof issues and interior renovations.
If something more structural had come up, that would have led to another (large) assessment, for sure.
The frustrating part for me as a homeowner was that dues were assessed based on square footage, but out of 200+ homes, ours was one of the only 15 or so that were fully detached. We had use of a communal driveway we shared with 5 neighbors as well as a small private park 2/3rds of a mile down the road, but other than that, we were fully responsible for all of our unshared infrastructure. If our roof had a problem we had to fix it at our own expense, even though we paid in to the roof repair fund.
There were were many more homes (ie. a city or a country instead of a neighborhood) or if there was a greater variety of homes (ie. a larger percentage of detached homes) or if there was some obvious wealth disparity (ie. our detached home wasn't smaller than many of the attached homes) or some other mitigating factors, I'd have been happy to pay in on the assumption that "what goes around comes around" and "rising tide raises all ships", but in this case, my partner and I felt pretty cheated. That said, we didn't make a stink. We just paid the damn dues (...and then later moved somewhere without an HOA).
But we were able to pay for repaving the parking lot (5 figure project, I think, I was off the board by then) and replacing two elevators (6 figure projects) without a special assessment.
I would much much rather have dues increase regularly and not have special assessments than the reverse. Deferred maintenance is not good (and obviously can be dangerous). It's one thing when it is happening at a single family home, where all the risk and reward are localized. But when it happens at the group level, being proactive is a huge win, even when it is painful.
I can't imagine a world where you get an inspection done and residents get told congrats! you owe $100-$350k (depending on the size of your unit) where that isn't a glacially slow process that doesn't generate lots of pushback.
Particularly in Florida where I bet you have lots of retired folks living in those condos.
edit: I was off on the numbers. $80k for the smallest units to $336k for a penthouse [1]. Doesn't really change my conclusion about how folks react when they wake up and get a low six figure bill
[1] https://www.cnn.com/2021/06/28/us/surfside-condo-owners-asse...
Either the corporate landlord fixes things, or people vote with their feet.
I lived in a condo complex where the association had its VP resign, so I put my hat in the ring, and even though my track record was only speaking up and attending meetings, I won with N-1 votes out of N.
The board put forward a resolution, which passed by a huge majority, to make most large, non-monthly costs special assessments. The resolution came with written language about how people were going to have to fund their share of large costs like roof fixes from their savings. I though this was reasonable.
The special case here is that 60 units were owned as individual residences and 300 units were owned by a corporation and rented like apartments. So I was amazed that they voted all their votes for me in the VP election, and not amazed that they would want to fund roof repair and such the new way.
The Surfside situation would not have been changed by the resolution about funding repairs. If that corporation had looked at our building before taking over, and saw what the inspectors saw in Surfside, they wouldn't have bought in in the first place.
Florida is going to learn a lot from this tower collapse and will pass a bunch of laws to try to prevent this from happening again. It will be very expensive for the condo owners. Some may even go bankrupt. But there will not be a huge wave of collapses 10 years from now.
Up here in Illinois, there are a number of laws that would reduce the likelihood of what happened.
- Condo boards have a fiduciary duty to protect the value of unit owners to the extent possible - including conducting proper maintenance.
- Condo boards must conduct reserve studies every 5 (?) years that go into detail about the age and condition of every major component of the building (including the structure) and the cost of replacement or repair. Then they have to make sure that the reserves will cover the expected costs.
- Condo boards can enact special assessments for repairs without unit owner approval as long as it is less than 115% of the total association dues for a full year.
- All board meeting notes, financial statements, inspections, contemplated repairs or special assessments, etc must be provided to condo buyers. Legally, a buyer can cancel a sales contract at any time with zero penalty up until 2 days after all the documents have been delivered to the buyer. This is also given to the mortgage company. You cannot get a mortgage on a condo in Illinois if the association is not paying enough into the reserve fund.
You can expect to see some of this stuff in Florida and you can expect that it will make some buildings “unsellable”. But they will recover - there is a price for everything, and hedge funds at least are sitting on tons of cash. It would really suck to live in one of these buildings. But at least you will stay alive.
The issue is that the buyers of condo units don’t really pay much attention to the condo association’s reserve balance. A current owner who contributes $1 to the reserve fund won’t see a corresponding $1 increase in the value of their unit. The increase, if any, will likely be a small fraction of that.
So an owner who’s considering selling in the next few years - which is common, since the tenure of condo owners is lower than that of single-family homeowners - is rational to fight attempts to fund the reserve. They’re also rational to keep monthly condo fees as low as possible, since buyers do look at the fees. But that also makes preventative maintenance difficult.
The lowest cost is probably shorter condo buildings without pools. These won’t include a lot of extra equipment that detached houses don’t use, can use closer to standard sized HVAC and water systems, and benefit from increased economies of scale over detached single family dwellings.
Frankly, I don't have enough faith in humanity to put this kind of trust in a bunch of strangers.
When you sell your fraction, you get the corresponding share of the reserves. When you buy a fraction, you must contribute the corresponding share of the reserves.
Economies of scale have to do with manufacturing identical units. Making 1000 is cheaper than making 10. But stacking units atop each other is not making identical units, so it is always cheaper to build 10 SFH than to build a single building with the same size 10 units stacked atop each other -- ignoring the extra price of land. When you go vertical, you need to set aside more space for services such as hvac and elevators. You need a stronger foundation. You need to deal with wind and earthquakes. You need to add emergency stairs in case the elvators go down. The walls have to be stronger, noise abatement needs to be added. You have systems in place to deal with vibrations. There is no attic in which to run HVAC. Air recirculation is a big concern in condos -- many don't even have windows that open, but they have enormous air filtration and pumping systems to get fresh air to all the units and maintain an air pressure difference. There are entire systems condos have to have that aren't even an issue in SFHs. And those systems require their own control systems, controlled by complex software and networks of sensors, with dedicated building staff to monitor and operate them. This is if nothing goes wrong. Thus the costs per livable square foot go up rapidly as you stack units atop each other, which is why you see condos only in places where land is very expensive. Everywhere else, it is cheaper to build a SFH. It is also why condos tend to be much smaller than SFH in terms of livable area per unit.
In terms of maintenance, all those extra systems condos need are more failure points. Structurally, you have much higher stresses, which requires additional supports and more complexity. All of that increases the damage when there is a failure and increases maintenance costs as there are more systems to maintain. Even something as simple as washing windows becomes really expensive in a condo. Electrical and water repairs that are simple and fast in a SFH can become major engineering projects in a condo. More complex systems that are harder to service and more dependencies add up to higher maintenance costs to match the higher construction costs.
Grandparents owned one where the board deferred thousands in repairs until it became hundreds of thousands.
Transparency is one part, but also independent oversight and enforcement of the work necessary.
With the current system, the condo board decides that repairs are needed, assesses fees, and makes the repairs. The fees are either paid immediately by the condo owners, or the HOA puts a lien on the condo. Local laws require larger buildings to be inspected on some scehdule... in New York I think there's a type of inspection (FSPM: fire safety and property maintenance) that is required every three years, for all multi-tenant residential buildings.
From what I can tell, the big problem is that the condo board is just made up of people who own the condos, and the bylaws of individual HOAs require certain actions by the condo board to be approved by the owners.
The other problem is that Florida has weaker laws for condos than other states.
The condo board is already required to perform repairs to keep the building up to code.
A collapsed condo building disagrees.
That's a really cutesy way of putting it.
My take on this is that the building codes in Florida are perhaps too lax, although I'm not an expert on building codes. From the reports I've been reading, the relevant inspections were to be done on a 40-year interval, and the building lasted less than 40 years (so its first inspection, in service, was never conducted).
This, to me, indicates that if the building was ever up to code, the code was too lax. If the maintenance was done to code, then the code was too lax.
You need an independent party that can force life safety repairs when necessary (which, in this most recent case, should’ve been Surfside’s building dept), and longer term, some development will likely be entirely off limits due to financial unsustainability (as you elude to).
And the contractor building the place knows it...
https://en.wikipedia.org/wiki/Responsibility_assignment_matr...
- Long term problems can outlast the tenure of any board member.
- Board members are volunteering. What sort of "accountability" is appropriate?
Can you pin millions in liability on whichever unit owner threw their hat into an election in the year preceding some terrible outcome? Why would anyone be a board member then?
Even setting aside the issue of incentives in the short term versus long term, by the time leaders and voters will be gone, the voters are usually not willing to pay higher taxes or condo fees, nor are they even in a position to properly evaluate and prioritize problems.
As are local governments, county governments, and state governments unless they get a big grant from the level of government above them. Even federal infrastructure is in disrepair.
My locality had to redo the main street and the water and sewer lines under it. We had to get a grant from the state and they also put a 40% surcharge on our water bills to pay for it.
I'm not a civil engineer, but have been on those subreddits and blogs reading about the investigation.
Curious if anyone knows: is there an equivalent of a "blackbox" data recorder for tall buildings like this? If not, should there be? Would there have been signals given off from the columns that may have forewarned of disaster? What kind of vitals would be good to collect? It seems visual inspection is a bit too subjective.
"I sent you rust, cracks, and an engineers report, and your building still fell down."
Obviously there was. A common refrain in all the civil engineering discussions I'm reading is that this inspection report was in bottom 10%, perhaps bottom 1%, but not 0.00001% off the charts atypical.
It's quite apparent that we need more dimensions of data—if for nothing else than to make it crystal clear when a situation is approaching disaster. We also still do not know what actually happened (and may never know), so for post-mortems this sort of thing seems important.
What simple steps can be done to reduce the probability of this happening again by 1,000x+?
It don't matter how much data you have about the tidal wave bearing down on you; you has to move out of its way regardless.
Yes, this is scary. Lots of respect for the first responders and all the engineers working non-stop right now to figure this out.
The board engaged the community's law firm to look into whether the community needed to be the one to pay for repairs or whether it should be left to the individual owners. [0]
The law firm did some truly amazing hair-splitting and decided that the inner part of the walls started at the inside of the brick & vinyl, and not with the wood sheathing underneath them, which is where the flashing would have been fastened.
So the good news is I'm not going to be hit with an assessment. The bad news is the board had the community's lawyers draft a finding against their own community. [1]
[0] Ordinarily in townhouses & condos, the owner is responsible for repairs to the inner part of the walls, and often the exterior windows & doors. You know this when you buy the house.
[1] Which is actually correct - the law firm's clients are the board, representing the community. Not the community itself. Doesn't change that it stinks.
A much more reasonable approach would be to ban iron or steel reinforced concrete in new Florida construction, but I doubt that the government would be willing to do that.
Of course that won't do anything for buildings already standing (in fact this condo would have also been rolled over by a hurricane too given its construction date) but it could be revolutionary for new construction
Building tall is really only necessary because of the amount of space we set aside for cars, both for parking and roads. You can get really good density by building 4-6 story apartments close to where people actually want to live and work, plus a bit of mass transit (preferably trains).
"A society grows great when old men plant trees whose shade they know they shall never sit in."
I've come to think of governments/countries as just a very, very extensive, giant home owners association that happens to float its own currency, fund its own schools, etc. The HOA fees are basically taxes and often times fees are accessed by the size of your unit.
Thinking from an HOA perspective - you then become comfortable with all the warts and inefficiencies that a country/government may have.
Serving on the HOA board is quasi-voluntary, tends toward folks with free time and a desire for power, no one is particularly accountable.
The home owners themselves are a fickle and diverse bunch, the vocal ones mostly complain about stuff, the silent ones don't say anything and are just getting on with their lives and all have varying attitudes toward expenses for improvements and investment for the future.
I'm always nervous about this type of reductive thinking. It tends to go wrong for the same reasons that "the government's checkbook should be managed like a household budget!" goes wrong.
Your HOA doesn't control the financial systems of every other HOA in the world and can't freeze the assets of HOAistan because their premier is causing problems. Your HOA doesn't spend nearly half of its funds on a military that has first nuclear strike capability against the D.P.R.H(OA). Etc.
Probably the biggest gap in this thinking: if you don't like your HOA, you can sell your house. In this market there's no lack of buyers and you have tons of options – other HOAs, unencumbered properties, etc. This sucks, sure, but compare it to emigrating to a country that you'd like to live in. It's miles apart.
> Probably the biggest gap in this thinking: if you don't like your HOA, you can sell your house. In this market there's no lack of buyers and you have tons of options – other HOAs, unencumbered properties, etc. This sucks, sure, but compare it to emigrating to a country that you'd like to live in. It's miles apart.
I'd say this is just endgame monopolization in the market for HOAs. There used to be 100's of independent HOAs in the US in 1700's, they then consolidated to 13 colonies and then 200 years of further consolidation and voila - the country known as the United States.
[citation needed]
> There used to be 100's of independent HOAs in the US in 1700's, they then consolidated to 13 colonies and then 200 years of further consolidation and voila - the country known as the United States.
That’s...not accurate even as a very loose analogy.
"In addition to survival, the early colonists had another pressing mission: to make a profit for the stockholders of the Virginia Company... The Company plastered street corners with tempting broadsheets, published persuasive articles, and even convinced the clergy to preach of the virtues of supporting colonization. Before the Company was dissolved, it would publish 27 books and pamphlets promoting the Virginia venture.
To make shares more marketable, the Virginia Company changed its sales pitch. Instead of promising instant returns and vast profits for investors, the Company exploited patriotic sentiment and national pride."
https://www.nps.gov/jame/learn/historyculture/the-virginia-c...
"John White continued to seek funding for a colony. On 19 March 1627/8, the Council for New England issued a land grant to a new group of investors that included a few from the Dorchester Company. The land grant was for territory between the Charles River and Merrimack River that extended from "the Atlantick and westerne sea and ocean on the east parte, to the South sea on the west parte."[21] The company to whom the grant was sold was styled "The New England Company for a Plantation in Massachusetts Bay".[22] The company elected Matthew Cradock as its first governor and immediately began organizing provisions and recruiting settlers."
https://en.wikipedia.org/wiki/Massachusetts_Bay_Colony#Legal...
On the flip side, there are active proposals in Nevada for community associations that self-govern - replete with police, fire, school system and their own digital currency:
"For this to happen, Mr Berns says a new model of local government is needed in Nevada. This government would have powers to raise taxes, enforce the law, and administer public services such as schools, utilities and transport."
Nevada smart city: A millionaire’s plan to create a local government:
"A third candidate for the exercise of decentralized power: the private homeowners association. The association, not the busi- ness corporation, is the obvious private alternative to the city. Like a city, an association enables households that have clustered their activities in a territorially defined area to enforce rules of conduct, to provide "public goods" (such as open space), and to pursue other common goals they could not achieve without some form of potentially coercive central authority.
Although they were relatively exotic as recently as twenty years ago, homeowners associations now outnumber cities. Developers create thousands of new associations each year to govern their subdivisions, condominiums, and planned communities.
I discern only one important difference between the two forms of organization-the sometimes involuntary nature of membership in a city versus the perfectly voluntary nature of membership in a homeowners association."
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?arti...
https://www.theguardian.com/cities/2017/nov/16/japan-reusabl...
> Unlike in other countries, Japanese homes gradually depreciate over time, becoming completely valueless within 20 or 30 years. When someone moves out of a home or dies, the house, unlike the land it sits on, has no resale value and is typically demolished. This scrap-and-build approach is a quirk of the Japanese housing market that can be explained variously by low-quality construction to quickly meet demand after the second world war, repeated building code revisions to improve earthquake resilience and a cycle of poor maintenance due to the lack of any incentive to make homes marketable for resale.
Creating unnecessarily resilient buildings is a misallocation or resources and a problem if it’s own.
If you think there will be volatility in the long term, then investing in flexibility is the right long term play.
Even houses built 120 years ago are things I'm not sure I'd want. Since then we have go indoor plumbing and electric. We are fortunate that modern AC is mostly easy to retrofit into the common forced air furnace systems of the past. I've faced the pain of running cat-3 network cables into houses I've lived in (I just missed rg-58), now I question if cat-5 cables are worth replacing. I have no idea what will change about houses next, but I suspect my house of the future will need changes that don't fit well with the house of today.
You can abstract this into a general maintenance aversion. Effectively there is a moral hazard here: when problems are put off there is a strong chance that the cost will be borne by others.
I think the key is to:
1 - Gather some condo owners who are serious about the issue and want to help so that board doesn't get into a perpetual persuation war with the owners.
2 - Be transparent with costs and contracts. Yeah I get it that in construction there is a huge variance on the same job (say $5,000 and $30,000 for the same job and laymen can't tell the difference and in fact the $5,000 one might be better in quality).
3 - Hire a good administration company who is quick to response. his is optional if someone on the board can do the admin job but since everyone is working it's difficult to find such guy.
If I rent the moment I have unfixed issues I can leave ( breaking a lease is pretty easy in my experience). But I'd hate to buy and then deal with bad neighbors or building issues
One of the things I find amazing is how unclear the declarations of responsibility are. For instance, there's common elements, which the association is responsible for, and limited common elements, which are elements that you are responsible for, but the association can demand you fix as needed for the benefit of the building whole. I think there's a third category of building limited common elements. Also, I have a garage, but it's not actually mine, I own the right to exclusive use of it, but not the garage itself, but I also end up on the hook for repairs when it breaks...
What's fun about that is associations basically place the unit owner responsible for all the likely-to-need-work elements that are exterior. Like windows and the balcony, despite both being exterior building elements, the latter made of the same structural concrete as the rest of the building. But if they need to resurface the balcony, you're going to pay for it, and they're just going to tell you how much you have to pay, or else. (I believe my grandmother once got a $15,000 bill for the balcony at her place, and that's just a mandatory special assessment the association can decide to employ. Good luck if you're living paycheck-to-paycheck.)
And then there's just stuff that's completely unlisted in the terms: Building structure is the association's problem, the drywall is generally defined as a unit owner's problem. You know what isn't mentioned at all: Insulation, which is outside the drywall, but not structural. The building can probably refuse to deal with it, and your insurance company can probably refuse to cover it.
For demographic, environmental and economic reasons, it seems like more people will and should be living in cities with some density, so we need _some_ well-functioning arrangement for ownership for something other than single family homes. Is there not some country with a lot of heritage 18th and 19th century urban buildings which are successfully inhabited by many owners?
(Given the intractability of strong tenant protections in most of the US, I don't think it's reasonable to take the position that if you can't afford a whole house you should rent.)
They do some nominal renovation, but the bones are essential the same
On paper they're different means to the same end. In practice, condos typically have much less stringent approval requirements - board approvals, background checks, character references, and providing a summary of your complete financial situation beyond the details of how you'll be paying for the apartment are normal in a coop purchase process.
The result of this is co-ops tend to have lower turnover and stricter rules overall - in addition to often being cheaper. They also have their problems, because the approvals process can be a mechanism for discrimination against protected classes. But the general perception is that co-ops are harder to get into, and harder to get out of, so the residents (at least in theory) tend to be long term and community minded. In most states, condo boards don't get the right to be selective, and must accept the first applicant who is minimally qualified.
Condos tend to give more power to the individual owner, coops tend to give more power to the coop board.
I can't speak to how other parts of the world handle this problem, but even in the US there is at least one other common model.
That said if anyone has tips on good condo management companies in the Boston area, let me know!