New York's Cooperative and Condominium Community
It's disconcerting to keep hearing--especially from bankers, agents, accountants, & others who know better--that the reserve fund requirement is new.
The link below leads to Fannie Mae's "Selling Guide" from 2009 [the earliest version available online]; it's 1,200 pages of rules governing their loans. Jump to the middle of p. 563, & you'll find the "10% reserves" rule.
https://www.efanniemae.com/sf/guides/ssg/sg/pdf/sg1009.pdf
Consult the current Fannie Mae Selling Guide & you'll find the wording UNCHANGED. This is NOT a new rule.
Lenders that just decided to enforce this rule last year may find it easy & convenient to blame Fannie Mae now...but that's not accurate.
However, there's little debate as to whether the rule is dumb. It states that the association a] must have a budget line item for reserve funds contribution, & b] that it be at least 10% of total budgeted expenses. Yet:
1--There is NO requirement that these funds actually be deposited in reserves.
2--Fannie Mae does NOT care how much money is actually in reserve accounts, now or historically. Your reserves could have $10 or $10,000,000; it's not a factor.
Absurd? Yes...but that's the rule, & exceptions are rare.
The good news is that any banker can tell you up front--before you submit an app or pay a fee--if your building qualifies.
The only time borrowers need not be concerned with this rule is when lenders--typically local &/or small--plan to hold the mortgage in their own portfolio. If they're not reselling, they don't care about Fannie/Freddie rules.
You're correct.
Re co-ops, on p. 585-6 you'll find: "The project’s operating budget must...provide for adequate replacement and operating reserves."
And on p. 591: "The co-op corporation must maintain replacement and operating reserves."
Language in the most current Fannie Mae guide is the same; no 10% or other specific requirement is mentioned.
I’ve not heard of any co-op building being blacklisted by lenders due to non-compliance with Fannie Mae reserve rules…just condos.
If anyone is aware of a co-op mortgage denial where this rule has been invoked, please post details here.
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The page 563 reference above indicates that the 10% minimum reserves is for Condominium property. It does not state that this requirement is for coop's, at least not on page 563.
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