• New Federal Law to Ease FHA Condominium Certification and Recertification Requirements
  • September 7, 2016
  • Law Firm: Lerch Early Brewer Chartered - Bethesda Office
  • On July 29, 2016, President Obama signed into law the Housing Opportunity Through Modernization Act of 2016. The new law addresses a wide range of housing related issues. Of relevance to condominiums are the changes to the Federal Housing Administration (FHA) condominium certification and recertification requirements and process.

    Previously, the law required at least a majority of residential condominium units to be owner occupied to obtain approval or recertification. The new law lowers that threshold to 35% owner occupied, i.e., 65% can be investor owned. However, the new law did grant the US Department of Housing and Urban Development (HUD) the power to change this ratio based on economic factors.

    Additionally, HUD is required to streamline the FHA re-certification process. Currently, the recertification process, which occurs every two years, is effectively the same as the certification process, which puts a burden on associations in good standing. HUD's streamlining could include a lengthening of the time between certifications for approved properties and allowing information to be updated rather than resubmitted.