Condo Juice Condo Association Advice for Small Condo Associations

16Feb/100

Avoiding Tax Nightmares in a Small Condo Association

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With tax season upon us, everyone is concerned about getting their taxes filed properly and in a timely manner. When it comes to small condo associations, the way in which taxes are filed can have particularly serious consequences. Education and planning are crucial to avoiding potential tax nightmares in any small condo association.

The most important thing to keep in mind is that filing status is never affected by the size of the association. This means that even the smallest associations are required to file taxes every single year. This stipulation also includes years in which the condo association has not reaped any profits and owes nothing to the IRS. Despite the fact that most small associations do not earn any profits, in the eyes of the IRS they are still viewed as corporations. If the condo association does not file in a particular tax year and subsequently gets audited, the IRS can require it to pay taxes on all dues that have been collected. This is an extremely undesirable situation since the association could be held responsible for paying thousands of dollars in taxes that it does not have. This could have tragic consequences, the most glaring one being that the association could be bankrupted.

Condo Association Tax Filing

The federal tax laws do provide several filing options for condo associations, but the most common one chosen and the simplest one to file is the “Exempt Method” of Form 1120-H. This form is merely one page long and was designed specifically for homeowners associations. It allows an association to take advantage of certain tax benefits; however, in order for an association to utilize the form there are several requirements it has to meet:

1. Form 1120-H must be filed by the 15th day of the 3rd month after the end of its tax year. Usually this means March 15th.

2. No less than 60% of the condo association’s gross income for the tax year can consist of exempt function income.

Exempt function income refers to membership dues, assessments, or fees received from the condominium owners to pay for maintenance of the association’s property. It also includes real estate taxes, principal, and interest on the property. Incidentally, income classified as non-exempt can include rental income, interest, dividends, capital gains, special use charges like laundry and vending machines, or any revenue received from the non-member use of an association’s property.

3. A minimum of 85% of the units within the association must be used for residential purposes.

4. 90% of the association’s expenses for the tax year must consist of monies designated to acquire, build, manage, maintain, or otherwise care for the property.

5. No private shareholders or individuals can profit from the association’s net earnings unless they acquire, build, manage, or care for the association’s property or through a rebate of excess membership dues, assessments, or fees.

For condo associations, the flat tax rate is 30% with a $100 deductible. Because of this $100 deductible most condo associations never owe any taxes as their interest income is hardly ever greater than this deductible. If you file you likely pay nothing, but if you forget to file, the IRS could bankrupt you! Simply file your 1120-H yearly and stay safe from condo association tax disasters!

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4Feb/100

Condo Fees. How Much Should You Pay?

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When buyers evaluate a condo, or when owners try to assess how well things are going, it's best to approach the situation in medical terms.

You're the doctor. The condo association is the patient. You'll need to take several vital signs in routine checkups with the association to make sure the condo is on the path to good health. After all, healthy condos only come with strong, healthy owner's associations.

Condo dues are one of these important vital signs to check. We all want a lower price on anything, from gasoline to condo fees, but buyers beware. A low condo fee might be just as much of a red flag as a very high one.

Residents pay condo dues to maintain common areas and amenities. This can include painting, roof replacement, and other items that single family home owners usually handle all on their own. It would be nice if condos associations could just roll all these costs into the price of the unit, but unfortunately it just doesn't work that way.

Condo dues may seem like a downside to buying a condo, or an extra cost but they're really just the opposite. Single family homeowners bear the full weight of these costs for their whole property. On the other hand, condo owners can defray these costs among themselves, making the financial burden relatively light.

There is a downside, however. Condo Association fees are often determined at the discretion of the condo association. Since most condo associations are made up of human beings, they can make mistakes. A condo fee too high or too low could be fatal to property values, maintenance, and the whole ownership experience.

Condo dues that are too high naturally tend to chase away new buyers. This means, however, that the association has plenty of money in the reserve fund for maintenance. The end result: the property is well maintained but the residents are disgruntled. Some people might even be trying to sell and move out, but they'll have a tough time talking a new buyer into paying exorbitant dues.

How can condo dues be too low? Since condo dues are meant to cover routine maintenance and replacement costs, dues that are too low will result in declining property values, not to mention decreased functionality of the facilities themselves (ie, leaky roofs, unusable swimming pools, etc.).

That's not to say that condos don't have other ways of covering routine maintenance and replacement costs. Condos can charge what are called special assessment fees. These are usually stand-alone fees that everyone pays. For instance, if the roof replacement costs $2,000 over and above what the association had in reserve for a 20-unit building, the association may charge each unit $100, a nasty surprise in everyone’s mailbox.

Condo associations that try to keep all the residents happy don't like to charge special assessments because tenants get disgruntled and feel gouged. All this can be prevented with good planning.

A healthy condo association will pay for what's called a reserve study. This is a professional evaluation of all the costs the property will incur on a regular basis. Reserve studies aren't free, but they help the association determine the proper amount to charge each resident in dues. This saves a lot of money and headaches in the long run, preventing the need for special assessments.

But how do you tell if an association has set the dues where they should be? It's safe to assume that any association that hasn't conducted a reserve study probably hasn't set the optimal amount for monthly dues. A healthy condo association will conduct reserve studies at least annually. A summary of this study should be available. The summary lists all the things that may need maintenance or replacement now or in the future. Check out the "Remaining Useful Life" column for each item. If the numbers are low or at zero, chances are the dues aren't high enough and, in fact, some replacements are past due.

A perfect reserve schedule will show identical income and expenses on the balance sheet for the reserve account.

These vital signs should help you correct your own condo association or avoid a dysfunctional community in the first place.

You can also compare your dues to other condos in your area here.

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1Feb/100

3 Questions You Must Ask About Your Neighbors Before Buying A Condo

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Buying a condo can be a magnificent way of realizing your dreams of home ownership. If you think you have found the perfect condo and are ready to commit to a purchase, it is imperative that you understand certain things about your future neighbors. Whether or not those neighbors are responsible ones can affect the manner in which your homeowner association is run. Many prospective condo buyers do not realize what a dramatic effect this can have on the value of their condo in the long run. Therefore, there are three important questions you must ask about your neighbors before making this important financial investment in your future.

Question #1: How many units in the building are rentals?
Any potential condo buyer should check to make sure that the number of renters is limited to a particular percentage of the building. Renters can be less likely to take proper care of their condo or any common areas than owners who have a vested interest in the property. This type of situation has a negative effect on property values. Because of this, in some areas the major private mortgage insurers currently require no more than 30 percent of units within an association be occupied by renters. This stipulation, down from 40 or 50 percent, has become more stringent over time. Lenders are also taking a closer look at loan applications for condos in buildings with high rental saturation. Lenders assert that history proves buildings with a high rental occupancy ratio are difficult to sell and do not maintain their value as well.

Question #2: Do neighbors pay their dues on time?
Buying a condo and being a member of the homeowner association means that you understand your obligation and fiduciary responsibility to pay dues in order to enjoy the services and amenities that all residents come to expect. Neglected landscaping and swimming pools and decaying parking lots, for example, also erode property values and make it very difficult to sell vacant units. A failure to maintain the building and its systems can quickly send an entire condo community into a downward spiral. As a potential buyer you will want to request a history of dues payments. You do not want to find yourself living in a building among other dwellers that are bringing down the entire association due to their irresponsibility. In some situations, when other members of the association are not paying their dues, it is the responsible condo owners who end up footing the bill to compensate. In the worst case scenario, some condo owners have even occasionally found themselves being foreclosed upon due to months of dues being in arrears. You do not want to wind up living in a building with a high rate of foreclosures.

Question #3: How do the homeowner association issues get discussed?
Having an open line of communication is the cornerstone of any well-run homeowner association. You should check to ensure that some sort of system of records is in place for all matters that are discussed. For example, the association might utilize email, online forms, minutes of meetings, etc. Knowing the guidelines for communicating with the homeowner association will come in handy if, for instance, you ever have a complaint or concern about a neighbor, or if you find yourself on the receiving end of a concern or complaint from a neighbor. Furthermore, it is also wise to find out what access members have to those records and what steps are necessary to request them if it becomes necessary for legal purposes.

Purchasing a home is a decision not to be taken lightly. It is a fatal mistake to think that purchasing a condo does not require the same careful thought as purchasing a single-family home. Considering the impact your neighbors will have upon your decision is no small part of the matter either. Gathering this kind of information now will make you better informed as to whether the condo you have your eyes on is truly a sound investment. It is preferable to do as much research as possible now as it is to discover later on that you are living in a situation from which you may not be able to get away.

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19Jan/100

2 Must Ask Questions To Avoid Condo Management Disasters

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Buying real estate is one of the most important purchases you'll ever make in your lifetime. It's tempting to look at a condo purchase as something less than that just because it's not a single family home. Nothing could be further from the truth.

A condo investment is a serious purchase and poses unique challenges to those in the market. There's a whole host of things to consider before buying a condo that don't enter into the equation when buying single family homes.

Some of the principles that guide finding a good apartment to rent enter into the picture when looking for a good condo. The neighborhood, for instance, is a much more important factor since the neighbors live so much closer. A major dimension of condo ownership, even with a relatively small number of units, is the condo association and its management.

Here we'll discuss two important questions you need to be asking before you commit yourself to condo ownership or while evaluating your current situation.

First, how is the condo association structured?
How are meetings conducted? How often does the board meet? Who's elected to the various offices on the board and how are they elected? All these issues impact how well the board functions. All associations, no matter how small, need to function as formally as any corporation.

Go through the covenants and by-laws (CC&Rs) of the association thoroughly. Don't assume that all these documents are necessarily in accordance with state laws. If you find that something in these documents isn't to your liking it might be worth moving on or paying a real estate attorney for an hour of their time to look it over, making sure everything squares with state law. In any event, always be sure to consult with an attorney before taking any serious action in conflict with the association.

Does the association have contingency plans in which professionals are consulted? Engineers, attorneys, electricians, and others can be invaluable to associations making good decisions. An association that tries to go cheap and do everything themselves may not be well equipped to handle all the challenges that can and do come up.

If the board is lax in any of these areas it may be a serious red flag.

Second, who is actually minding the store day-to-day?
The management are almost as important as the association itself as they are the authority you, the owner, will be interacting with on a regular basis. What's expected of them? What action steps will the board take if the management staff don't meet their obligations? If you're in a small association you may even be responsible for some of the management tasks.

The management will generally be responsible for a number of tasks including the general maintenance of common areas, dues collection, and bill payment. Make sure you know what recourse you have if there is ever a conflict with management?

Also, make sure to check the dues collection procedures? These should be firm but professional, minimizing conflict between neighbors and ensuring everyone is treated fairly.

Whether you're looking to buy a condo or if you already own, it's wise to evaluate the situation on all of these criteria. Either way, putting your head in the sand is a losing strategy.

When you commit to owning a condo you promise your neighbors and yourself that you'll do your part to help the whole neighborhood function as well as possible. This helps ensure that life in your new condo will be well worth living and that property values will continue to rise for everyone involved. Remember that you're all on the same side. Approaching this with a critical eye, but with a spirit of cooperation will help ensure the best results.

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11Jan/100

Homeowner Association Management – Self-Management vs. Professional Management

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There are many topics up for discussion at condo board meetings but the most important should be the question of how to successfully manage your building. From the distribution of assets to the following legal procedures, how a condo is managed can determine its success or failure. While many small condos prefer to be self managed, it is almost a necessity for medium to large-sized condos to hire an outside professional management company to handle the volume of work that needs to be done.

For small condos (15 units or less), the biggest benefit of being self managed is the money that owners will save. Hiring a professional management company to manage a small condo usually costs between $40-$60 per unit each month. It may be a worthwhile solution in a larger condo where the size of the facility and the number of units allow management companies to charge less on a per-unit basis. However, if possible, a condo association will benefit financially and socially by being self managed.

When condos are self-managed, things tend to get done better because owners have a personal stake in the property's management. If plumbing in the laundry room needs to be repaired, owners will see to it that it is done quickly. If the roof needs to be repaired, owners will make sure that a reputable contractor is hired and that the materials used are top of the line. Self managing a condo also increases the sense of community for its owners. If procedures are outlined from the onset and duties are delegated fairly, owners can work together effectively without strife. A sense of accomplishment will be shared when the tasks are accomplished through a teamwork approach.

Self-management should only be attempted if there are enough owners with the necessary knowledge to handle everything from financial management to facility maintenance. Running a condo can be time consuming and if there is no oversight or management among the owners, the expenses of correcting errors may exceed the costs of hiring an outside management company. Owners need to have knowledge or experience with the legalities of running a condo and operate in a professional manner to avoid infighting among residents.

Medium to large sized condos almost always require assistance from an outside professional condo management company. The amount of work would make it easy for an informal team of owners to make errors. Management companies are in charge of collecting condo fees and assuring that all owners are current and in good standing. They also mediate disputes between owners, handle disciplinary actions if owners do not follow the condo’s bylaws and handle all the mundane duties that can be daunting in a large building. They come in with experience and knowledge about how to run a condo assuring that rules and regulations will be followed.

Professional condo management companies do not come cheap. However, in larger buildings other costs can be reduced with discounts given to buildings with multiple units making the added cost of hiring a management company less of a burden. While most management companies adhere to quality standards, the fact is that they will not be as particular when making decisions as the owners themselves would be. They may not choose the most cost effective way of getting things done. While the owners of self managed buildings may shop around for the best price before undertaking a renovation project, management companies may not be as selective in the interest of saving time.

Outside management companies may not be as receptive to problems in the building. They may ignore issues that owner would otherwise catch. Residents should not assume that walls will be painted and plants will be tended to as diligently as they should be. Work orders may not be dealt with as quickly as owners would like. As a result, residents in larger condos just need to take it upon themselves to keep the lines of communication open with the board members and the management company to increase satisfaction and success.

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4Jan/100

4 Important Financial Questions You Must Ask Before Buying a Condo

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After months of searching, you have finally found a condo you love. Before you sign on the dotted line, it is essential that you keep those highly-toned research muscles in practice. There are four questions you need to ask before taking a step that will have a major impact on you and your money for years to come.

Question 1.: What is the status of special assessments past, present, and future?

A special assessment occurs when the condo or co-op association approves an additional fee that is not included in the budget. This might occur if there are plans to upgrade the property in some way, perhaps by installing a swimming pool, but can also be levied for essential needs. There may have been a storm that caused damage that needs to be repaired, for instance. Understanding how often these additional costs have been approved in recent years, as well as if there are any potential “big ticket” needs in the near future can help you arrive at a true picture of what your expenses will really be.

Question 2.: What is the recent history of condo fees charged to residents?

In order to run a property, it is necessary for the condo association to charge monthly fees to residents. These allow for the payment of ongoing expenses such as landscaping, security, and maintenance. They often also include a reserve fund used to pay for large upgrades or repairs. In many cases, condo fees also pay for all or part of residents’ utility costs. Because of rising prices and economic changes, condo fees are often adjusted on an annual basis. Therefore, it is wise for you as a potential buyer to obtain information on what these charges have been over the course of the past five or ten years. To come to an even fuller understanding of your potential expenses, this is the best time to find out if the condo association is planning any costly improvements or repairs.

Question 3.: What is the overall health of the condo’s reserve fund?

As stated above, this “nest egg” is made up of the contributions of residents through their condo fees. When the cost of large projects needs to be distributed to all, this fund is often tapped. If the property has been managed properly, this pot of money may well be stable and growing. A red flag to watch for is a fund that is decreasing, especially if no major expenses have been incurred.

Question 4.: How much will insurance cost?

One of the most common mistakes made by first-time condo buyers is neglecting to factor the significant cost of insurance into their projected monthly expenses. It is mandatory in all states that condo owners have a personal insurance policy on their property. The condo association may determine set insurance standards to which you must adhere. Often, you are required to purchase a policy with an A-rated company and carry a certain value in liability limits in case you cause damage to another unit. In the most extreme cases, the condo association actually dictates from which company you buy your policy. In addition, the condo association holds a master policy on the entire property, the partial cost of which you are required to pay. By obtaining a copy of the condo association’s present budget, you can get a precise picture of what residents are expected to contribute toward this cost. Care should be taken to ensure that the cost of this master policy is neither too low nor too high. In the case of the former, coverage may not be comprehensive in the event of unexpected catastrophic damage. In the event of the latter, inflated prices may be a sign of poor management decisions on the part of the association. Since each property has unique stipulations, it is very important that you understand in specific terms how they apply to your property.

Doing the legwork necessary to obtain all of these data may seem exhausting. However, after all the time and trouble you have put into house-hunting, it is an investment that will pay off. Once armed with all of this vital information, you truly can decide whether the condo of your dreams is right for you.

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1Jan/100

Welcome to Condo Juice

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We're a new blog that is here to help condo owners that live in small, self-managed, buildings. We know that you face unique challenges running and managing your homeowner association and there is not really much good advice out there. Condo Juice is here to keep you up to date on best-practices you should be following and to give you tips on how to make condo self-management not seem like a big hassle. Leave us a comment and let us know how we can help!

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