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Condo or not

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apprzr951

Freshman Member
Joined
Feb 6, 2006
Professional Status
Certified Residential Appraiser
State
California
I’m having a hard time determining if a property I am appraising is an attached condo or PUD. The homeowner is adamant it’s a townhome, it was sold as an attached SFR when the buyer bought it a little over a year ago. It is located in a small community with a total of 33 units/homes. Approximately 5 of the 33 units are detached. The legal description denotes “common areas”, the plat map is consistent with a condominium project (I didn’t see any individual parcels) and over the past few years most (not all) of the MLS activity in this development was shown to be attached condos.

As I was walking through the development I happened to come across VP of the HOA, she provided me with a copy of the rules and regs and CC&R’s, the CC&R’s do not state one way or another if this is a condo or attached SFR, however, the rules and regs have a section titled “Maintenance of your condo unit.” BTW, this is an FHA Appraisal for a Reverse Mortgage, I tried to find the subjects condominium project on HUD’s website, however, it was not located.

I contacted the AMC that ordered the appraisal and discussed my concerns (this was prior to the inspection and being provided with the CC&R’s and association rules), they put it on hold, and then said to move forward. “Please continue on the Single Family format. Additional research shows that the property is a detached SFR , land use & county use shows as SFR. APN # zzz-zzz-zzz. I probably would not hurt for the appr to verify w/ the borrower, but everything we have shows the property is a single family & not a condo.”

For the record, the subject is not detached like the client and AMC thinks, it shares a common garage wall. I am trying to do my due diligence and don’t want to do it as an SFR just because the client requested it. I need to get to the bottom of the property type before I can move forward. I don’t want to be narrow minded, but the saying if it walks like a duck and talks like one comes to mind. My concern is the liability on my part. Should I do it on the 1004 and make it subject to UW reviewing a Title Report, notify the AMC if it is determined to be anything other than an SFR and a form change is required, this will be considered a new assignment (new fee?)

How would you approach this?

Any advice would be appreciated.
 
Does the legal have a lot & block or a CIC and unit number?
 
Property type would be an ownership issue. A legal description is usually enough to determine that. As residentialguy asked - check the legal for lot & block or condo tract and unit #.

I have done attached SFR's and Detached Condos, and just because there are common areas, doesn't mean either way, it could be an SFR in a PUD with common areas. But, the way you are describing the plat map, it sounds like a townhome.

I would also ask for the prelim and hang your hat on that.
 
Thanks for the feedback.

The legal is "LOT xx MB zzz/zzz TR 5265 & INT IN COMMON AREA"

I X'd out some info.




Unless such things are REALLY different in CA than anywhere else, "lot" is a giveaway that the subject is NOT condo-ownership.
 
Agree with Lee. Condos don't typically have lot/block numbers, unless it is 00 to show that it's not a lot/block.

Hopefully someone from California can shed some light on this. I'm leaning towards TownHome, but that's MN talking.
 
Typically in California, the legal description for a condominium unit will state Unit # + Tract. If there is a lot #, it's usually not a condominium.
 
The definitive way to determine if this is a condo or not is to get a copy of the preliminary title report; in California (unless this has changed), a condominium is identified as such in the title report (the verbiage is something like... "XYZ is a condominium as defined by blah, blah, blah").
It is usually on the first or 2nd page of the title report.

The legal makes it sound like a SFR/PUD, but even that isn't definitive by itself.

Does this complex have a management company? I'd call them as well (not that a member of the board with whom you spoke with wouldn't know, but I'd think a professional management company would know for sure).

Good luck!
 
I’m having a hard time determining if a property I am appraising is an attached condo or PUD. The homeowner is adamant it’s a townhome, it was sold as an attached SFR when the buyer bought it a little over a year ago. It is located in a small community with a total of 33 units/homes. Approximately 5 of the 33 units are detached. The legal description denotes “common areas”, the plat map is consistent with a condominium project (I didn’t see any individual parcels) and over the past few years most (not all) of the MLS activity in this development was shown to be attached condos.

As I was walking through the development I happened to come across VP of the HOA, she provided me with a copy of the rules and regs and CC&R’s, the CC&R’s do not state one way or another if this is a condo or attached SFR, however, the rules and regs have a section titled “Maintenance of your condo unit.” BTW, this is an FHA Appraisal for a Reverse Mortgage, I tried to find the subjects condominium project on HUD’s website, however, it was not located.

I contacted the AMC that ordered the appraisal and discussed my concerns (this was prior to the inspection and being provided with the CC&R’s and association rules), they put it on hold, and then said to move forward. “Please continue on the Single Family format. Additional research shows that the property is a detached SFR , land use & county use shows as SFR. APN # zzz-zzz-zzz. I probably would not hurt for the appr to verify w/ the borrower, but everything we have shows the property is a single family & not a condo.”

For the record, the subject is not detached like the client and AMC thinks, it shares a common garage wall. I am trying to do my due diligence and don’t want to do it as an SFR just because the client requested it. I need to get to the bottom of the property type before I can move forward. I don’t want to be narrow minded, but the saying if it walks like a duck and talks like one comes to mind. My concern is the liability on my part. Should I do it on the 1004 and make it subject to UW reviewing a Title Report, notify the AMC if it is determined to be anything other than an SFR and a form change is required, this will be considered a new assignment (new fee?)

How would you approach this?

Any advice would be appreciated.

townhouse is a style not an ownership.

a condo can be a garden type, a townhouse and a detached home.
 
Doesn't matter which form you put it on. In a week you'll get a call to put it on the other form regardless of which one you start with.
 
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