You’ve Won the Condo Lottery–Now What?

The annual condo lottery took place in San Francisco earlier this year, resulting in suddenly lucky TIC owners winning the right to start the path to condo conversion. I thought it would be a good time to take a look at the TIC and condo markets and give everyone a heads up on what to expect–whether you’ve just won, or may be on track to win next year.

Things are a bit more complicated in the current economy, and that means buying and selling TICs or condos can present their own sets of challenges. If you’ve just won the lottery, you’re probably a couple months in to the conversion process. And all your TIC partners are excited about what they’ll be doing after you’ve converted the building. Many TIC owners have held their properties for far longer than they’d ever dreamed, so moving the family out of that one bedroom now finally feels possible. Others love where they live and will just appreciate owning their own condo.

It’s important not to overlook every detail as you take a step closer each month to conversion. For example, if more than half the units in your building are rented vs owner occupied, you’re going to have to work through that detail so it doesn’t become a roadblock during a refinance or sale. And everyone’s ability to refinance will depend on how much equity exists.

Both the TIC and condo markets are doing reasonably well, particularly in high-demand neighborhoods that provide easy access to public transportation, restaurants, retail areas and freeways. A total of 496 condos and 63 TICs sold in the first quarter of this year. Compare that with 403 condos/63 TICs sold in the same quarter of 2010, and we’re looking at some pretty respectable numbers. So I believe we’re heading into an increasingly better market where these types of properties are concerned.

The best tip I can give condo converters is to do your homework up front. You’ll need your resources up front (attorneys, contractors, surveyors, etc) and now would also be a good time to chat with your favorite Realtor and loan rep so you have a heads up on what to expect at the time of conversion. Get a sense for your building’s value, as well as what your own unit would be worth as a condo. And recognize that all TIC owners have to work together regardless of what happens. I often consult with building owners about these situations, and I have a strong team in place. So feel free to give me a shout anytime, and we can find a convenient time to talk details.

Duboce 3BR Trips Up Downward TIC Trend

It’s no secret that the 3-6 unit TIC market is softer than it’s ever been. Condo prices are also weaker, and why would a buyer pick a TIC over a condo if given the chance to own his or her unit outright?

So the activity at 2194 15th Street in Duboce Triangle (off the tree-lined stretch of Noe) surprised even me. Last sold in late 2009 for $890,000, the unit was listed earlier this month for $865,000. Yes, this is a great location, but the parking is leased half a block away for $250/mo, with HOAs of $344/mo. And it’s located in a five-unit building supported by individual/fractional financing on all the units.

The property received four offers, and went into contract three weeks after its list date.

That means there were four buyers out there who could qualify for the stringent fractional financing requirements, and who were okay with owning a TIC that will most likely always be a TIC due to condo conversion challenges. But it goes to show you that nice properties in good locations (and priced with the current market value in mind) will sell.

The 8 Most Common TIC Group Disputes

The waiting time for condo conversion has lengthened from three or five years to more than 20 years over the past two decades. That’s a lot of waiting time for TIC owners who have gotten involved in shared ownership and its risks, thinking the arrangement would only be temporary. And unfortunately, some such owners have experienced their share of unexpected disputes among TIC partners. 

I thought it would be a good time to round up the most common TIC partner disputes, courtesy of my friends at Goldstein Gellman (G3MH).  Their recent FAQ on TIC Dispute Resolutions (1/11/11) was a great source of information that I thought I’d share. If you’re considering purchasing a TIC or are in contract to purchase one, make sure you pay attention to the following eight critical areas:

1. Noise and nuisance. Goldstein Gellman points out a very good fact about Victorian and Marina-style buildings, which are the most common TIC buildings in San Francisco. Sound transmission can be an issue. Though renters tend to be more tolerant of their neighbors, owners often have a heightened expectation of peace and quiet as their reward for paying mortgages and property taxes. Make sure everyone is clear on how much of those hardwood floors should be covered with area rugs, and whether you’d all prefer not to hear each others’ clanking heels across the floors.

2. Parking and storage. Make sure you all test your cars and examine the storage available—and are comfortable with the spaces that are “deeded” to you.  

3. Window maintenance. There are some common components of a building that are typically shared expenses (i.e., roof). Goldstein Gellman says that in TIC arrangements, it’s a common assumption that the individual owners are responsible for their own windows. If you and your group want to clear up any confusion, have the details spelled out in the TIC agreement.

4. Unbalanced TIC financing. There are cases in which a TIC group will buy its building with one partner paying all cash and the others using loans. With a shared mortgage, the all-cash partner could assume more risk than everyone else. Should the value of the TIC property decline to the point where the partner who purchased with a loan chooses to walk away from the loan and property, the all-cash partner could be stuck repaying the defaulting partner’s mortgage. Yikes.

5. Sale of TIC interests. Reselling your TIC interest depends on the ability of the entire group to refinance. Things can get messy if any of the other group members can’t qualify for the refinance.

6. Eligibility for condo conversion. Many TIC agreements require that the owners occupy their units until condo conversion is achieved. But if  a TIC partner moves out too soon, complications can ensue. The agreement may specify a certain amount of dollar damages owed to the other partners, or may not mention the subject at all. Goldstein Gellman says there’s no universally accepted standards as to the dollar value of the loss of anticipated condo status.

7. The post-condo conversion period. The more clearly your TIC agreement details items such as which unit gets a parking space or how conversion costs will be allocated, the less chance there will be of a dispute after the conversion happens. Another thing to note is the possibility that one TIC partner can’t qualify for a refinance into a condo loan. With a group loan, the entire balance must be paid off before any units can be deeded out to their respective owners (or sold to new buyers). If one partner can’t refinance, no one else can, either. Many TIC agreements include a provision forcing a partner to sell if he or she is unable to refinance. Of course, enforcing this provision is up for grabs.

8. Reserves. May TIC groups have agreements that mandate a reserve fund that can eventually be tapped for maintenance and repairs. The problem arises when TIC partners decide to adopt a pay-as-you-go arrangement, and no provision is made in the agreement for handling partners who are short on cash.

Sorting Out Post-Condo Lottery Confusion

Whenever San Francisco holds its annual condo lottery in February, the winning homeowners put their game plans together. Some immediately embark upon the condo conversion process, while others quickly decide to sell.

My colleagues and I have noticed a few listings coming on the market that are being classified as condos—but which are really TICs in buildings that recently won the lottery. It’s important to note that until a building is fully converted and all units are officially condos, you can’t call a TIC a condo. Even if everything is on track for condo conversion.

This is a good distinction to make if you’re a buyer who’s not interested in completing someone else’s condo conversion. And sellers, it’s important to recognize that condo conversion does incur quite a few fees, so expect buyers to factor those costs into the price they pay for your TIC.

Condo Conversion Can’t Come Soon Enough

The annual condo conversion lottery took place last week, with more than 2,000 property owners hoping that they’d win the right to convert their tenancy-in-common (TIC) interests to condos. However, under existing regulations, only 200 units were selected for conversion—leaving most owners out in the cold.

A recent story in The Bay Citizen notes the currently diminished TIC sales and loan markets. Sales are down, and not many lenders are participating in the more popular “fractional” loans that grant TIC owners individual mortgages (as opposed to the more traditional group loans, wherein all owners share the same mortgage). Indeed, TIC sales have decreased gradually since 2008. At that time, 436 TIC interests sold for an average of $628,295. A total of 407 TICs sold in 2009, at an average of $602,325.

And in 2010? Only 273 TICs changed hands, at an average of $579,048. The softened condo market has become more attractive to buyers who at one time could only afford TICs. More importantly, qualifying for a fractional TIC loan is difficult, as they carry down payment and cash reserve requirements. They also have substantially higher interest rates than regular loans. Additionally, many buyers also aren’t into adjustable-rate mortgages these days, and the few lenders who offer fractionals don’t provide 30-year fixed products.

There are 125 TICs on the market right now vs 582 condos and 462 single-family homes. So the TIC market is substantially smaller. But I think the larger issue lies in the fact that there are many, many owners (more than 2,000, anyone?) who would otherwise like to sell their TIC interests—but can’t.

I’m talking about those owners with units in 3-6 unit buildings who are still on group loans. These individuals never dreamed that almost five or ten years after purchasing their portion of the property, they’d still be sharing a mortgage with other people (especially given the turn in the economy over the past two years).

Frighteningly, many owners are now unable to sell their TICs because doing so will retrigger a refinance for the group—and the group can’t qualify due to diminished values and stricter loan requirements. Perhaps these owners went into a purchase with only 10% down, and now do not have enough equity to refinance for either a group or fractional loan.

One couple I met in 2009 had purchased their TIC interest in Corona Heights in a four-unit building several years prior. We discussed the possibility of selling their TIC and buying a larger home. Unfortunately, the group couldn’t qualify for a refinance, so everyone was essentially trapped in their TICs. The rare good news, however, came last week when the group “won” the lottery after entering it for seven consecutive years. 

The couple to whom I spoke can now put plans in motion for acquiring a larger home that can accommodate them and the two children they’ve had in the interim. But unfortunately for many other TIC owners in San Francisco, having the ability to sell will probably not be a reality until they can get through the city’s conversion system.

One of my real estate predictions for 2011 is that our new, more moderate Board of Supervisors may finally make some headway with all the groups that oppose lifting the 200-unit annual cap on conversions. We’ll see if that comes to fruition. Ironically, the objections to easier condo conversion from tenants’ groups and others who are concerned with preserving rental stock are not having much effect on the numerous, newly renovated TICs that are coming on the market and selling fairly easily with fractional financing.

I’m all for preserving rental stock; I’m a landlord myself. But when I see tenants in San Francisco paying upwards of $2,500/mo for a two-bedroom apartment in a central neighborhood, I start wondering if it might make more sense for them to purchase a home. TICs, as you can see by the average sale price, are not exactly in the luxury price range. Most are below $500,000–which essentially is San Francisco’s middle class.

It’d be nice to clear out the conversion backlog and free up some of these units so more buyers in this price range would have a place in which to live and invest.

Good Luck in the Condo Conversion Lottery!

Our city’s annual condo conversion lottery takes place today. I’d like to extend my best wishes to all those TIC owners who have been waiting years for their multi-unit buildings to earn the right to condo convert. TIC ownership in San Francisco is no cakewalk, especially for those sharing loans with their TIC partners.

I’m hoping that our current Board of Supervisors will make headway toward clearing the backlog of homeowners who live in their units and aren’t causing any threats to the housing stock or renters in the city. These are folks who purchased TIC units as a way to own a home they could not otherwise afford were it a condo or single-family.

I spoke yesterday to The Bay Citizen/New York Times reporter Scott James about the current state of the TIC market, so more to come on that. But today is for congratulating lottery winners and sending positive energy to the homeowners I know who have been waiting four or more years to win.

How To Figure Out If You Can Sell Your TIC

I’ve been fielding calls and emails regularly from TIC homeowners on long-standing group loans in 3+ unit buildings who want or need to sell their TIC interest. Unfortunately, many of these homeowners are unable to sell, and that turns out to be quite a surprise.

I wanted to put together a checklist to help these prospective TIC sellers determine whether they’ll indeed be able to sell their interest. So here goes:

1. Pull together all the information for the group loan. You’ll need the original purchase price/date for the property; the current loan amount on the building, and your portion of the group loan. You’ll also need to note the type of first mortgage and current interest rate (i.e., five-year adjustable rate mortgage with interest-only payment at a rate of 5.5%, etc)—and the name of the lender(s) for all outstanding mortgages.

2. Find out if your portion of the loan is assumable. Check with your lender to confirm whether your loan is assumable, meaning whether a new owner can step into the existing group loan without triggering a group refinance. Keep in mind that although your loan may have been assumable at the time of your purchase, the lender may have changed its policy (or the lender itself may have changed). If your loan is not assumable, you will have to qualify for a group refinance if a new buyer enters into the picture.

3. Obtain an estimated current value for your building. Getting the current market value for your building is more important at this point than the value of  your TIC interest. If you’re consulting a TIC loan specialist, he or she could potentially put you in touch with an appraiser who’d do a “mini appraisal” of the property and give you a ballpark value at a reduced fee.

4. Know that your property will be appraised as an entire building, not TIC interests. This is something most TIC owners don’t realize when they’re thinking about simply selling their portion of the building. An appraiser will be determing the value of the building, not the combined value of multiple TIC interests. So if you own a TIC in a four-unit building, your relevant comparative sales will be other nearby four-unit buildings—some of which may be income properties.

5. Determine how much of a loan your group could get in today’s market. Your loan consultant can assist you in obtaining a ballpark value of your building, and then disseminate all your information to arrive at the maximum loan amount you’d be able to obtain on the building. You’ll then have to back out what the other remaining co-owners would have to refinance to see what’s available for the new buyer of your particular interest to borrow on the new group loan. This, in turn, would determine the down payment required by the new buyer.

6. Consider fractional financing for the group. There aren’t many lenders doing these loans right now, and such loans typically require owners to have a lot of equity in their building. The loans also carry higher interest rates and potentially more stringent cash reserve requirements. But this is a good option if all owners can qualify.

7. If the group is able to refinance, confirm the value of your TIC interest. This is where your Realtor comes in; he or she can assess the market and gauge the value of your TIC. As you can see, this is the last step because everything else needs to check out before you can even think of selling.

State of the TIC Market: May 2010

I’m often asked how different segments of the San Francisco market are doing, and inquiries about the TIC market are at the top of the list. We’re almost halfway through 2010 (I know), so I thought a market update on our tenancy-in-common activity was in order.

The bottom line: The TIC market is definitely hurting a bit, but it’s not in dire straits by any means. There are, however, two key factors that have contributed to the weakness in the TIC segment. The first is that the condo market has declined, so buyers who may have once only been able to afford a TIC are now looking at the possibility of a condo purchase. And second, if there are less qualified buyers in general these days, there are even less qualified buyers for TICs. The most common TIC loan type—the fractional, or individual loan—carries a high interest rate, has a 25%+ down payment requirement, significant cash reserve requirements, and is only available in adjustable-rate form.

There are 203 TIC interests on the market to date, and they’ve been sitting on the market for an average of 72 days, at an average list price of $646,467. And there are 82 TICs in contract (two are above $1M). A total of 117 TICs have sold since the beginning of the year at an average of $594,637. (So clearly there’s room to come down in price for the current average list price.)

A bulk of the TICs purchased since January sold for under their asking prices—something to consider when you’re making an offer on one. The most prominent example of this pattern was over at 2461 Post (at Baker), a 5BR/3BA TIC unit with two levels listed in May 2009 at $950,000. It sold this past March for for $777,000.

If you’re considering a TIC purchase because you think you’ll get more space or a better neighborhood for your money, you could be right. But consider all the angles, and know that if you’re buying a TIC interest with a fractional loan, it’s likely you’ll be selling a TIC interest with a fractional loan. That means your resale buyer pool will be limited to those who can meet those strict requirements. And the jury is out regarding which lenders will continue granting fractional loans by the time you’re ready to sell. Make sure you work with a very experienced, knowledgeable real estate agent, mortgage broker/lender, and title company. And have an attorney review key documents. It might cost you a few hundred dollars for a legal review, but you can’t imagine the headaches those few hundred dollars may save you in the long run.

State of the TIC Market: Q1 2010

It’s always interesting to check in on the tenancy-in-common (TIC) market in San Francisco. And it just so happens that this segment of the housing market continues to be very popular.

A total of 67 TIC interests sold in the January-March timeframe, at an average of $576,140. All but a handful were located within 3+ unit buildings. The least expensive was a standalone garden cottage on 7th Avenue in the Richmond, which sold for $250,000, and the most expensive was a 2BR/2BA TIC in a six-unit building in Cow Hollow. Hayes Valley, the Lake district, and Russian Hill led the way in sales volume.

The average price in Q1 2009 for the 49 TIC interests sold was $710,582. Prices have definitely come down since then.

There are currently 73 TICs in contract—a healthy number that bodes well for the next quarter’s sales. But 189 TIC interests are on the market right now. But with 702 condos also competing for buyers’ attention, it seems to me that the TIC market will slow down a bit in the Spring. I believe the Spring will bring out many new buyers—I’m getting referrals on a daily basis for new buyers aiming to make a purchase in the next three months—and most would rather take advantage of the lower condo prices than get involved in more complex ownership scenarios.

I think the TIC market has decreased in risk with the advent of fractional financing. However, the open question is how long fractional loans will be available, which may or may not bode well for those who own properties through this method of financing. Resale prospects are limited for TICs with fractional financing, as the pool of buyers that can qualify and afford fractional loan program is small.

If you find yourself considering a TIC purchase, please do yourself a favor and have an attorney review the TIC agreement and other critical documents before you remove your document review contingency. Work with your agent to investigate all the details so you know what to expect going in to the purchase. The bottom line is that TICs can work well for buyers who are looking to get into the more popular neighborhoods where condo prices have escalated. But it’s still important to do your due diligence at all turns.

Join Next Week's Condo Conversion Rally at City Hall

My friends at Plan C are organizing a rally on the steps of City Hall next week, in support of expediting condo conversion. Here’s the lowdown, straight from Plan C:

“Please join Plan C at 8:15AM on Wednesday, Feb. 3, on the City Hall steps for a rally to support condo conversion reform! As many of you know, the condo lottery drawing happens at 9AM on February 3, and we’ll be done in time for you to attend the lottery itself.

You may have read within the last few months in the Chronicle and in the Examiner that the mayor’s office is considering again the possibility of a condo-lottery bypass initiative for qualifying TIC owners.

As you are already aware, expediting the conversion of owner occupied TICs to condominiums would help bring ownership and mortgage relief to middle income San Franciscans and has the potential to bring significant revenue to the city during this time of budget and financial distress. The revenue collected could have a meaningful impact to the city’s bottom line and has the potential to save crucial city jobs and services from further cuts.

The expediting of TICs to condominiums would be facilitated by the payment of a specified fee to the City that is higher and in addition to the usual mapping and permit fees collected from winners of the current condo conversion lottery. The fee would likely only be available to owner occupied TICs that are lottery eligible.

The proposed fee for the bypass of the lottery hasn’t been set, and we would like to again call on you for your input. The fee has to be low enough for TIC owners to be willing to pay it (and to be fair) – but also high enough to be meaningful to the City’s budget deficit. Initial discussions concerning the development of this initiative have considered fees in the $20,000-40,000 range per unit or 5-10% of a unit’s value.

As usual, we encourage you to email the supervisors (particularly your supervisor) on the need for condo reform by going to our Plan C Web site and clicking on “‘Contact City Hall.’”

State of the TIC Market in San Francisco

Despite their risky and complex nature, tenancy-in-common (TIC) interest sales made a strong showing in 2009.

A total of 403 TIC interests sold last year, for an average of $603,780. Units spent an average of 92 days on market (DOM), and that lengthy timeframe doesn’t seem to be shortening. Of the 403 TICs sold, 162 sold in the fourth quarter of 2009, at an average of $586,755. September and October saw 73 TICs selling, and surprisingly, 89 interests sold in the last two months of 2009. Buyers apparently weren’t slowed down by the holidays in this property category, either.

Though two- and three-unit buildings were popular—with 26 and 25 interests selling, respectively—the big winner was the six-unit building category. A total of 42 TICs sold in six-unit properties. Ultimately, all but 51 TICs were sold in 4-21-unit properties in the fourth quarter of 2009, meaning an awful lot of buyers qualified for the restrictive and often costly fractional/individual financing used on such properties.

As we head into 2010, I’m seeing 66 TIC interests in contract at an average list price of $568,561, and they’ve spent an average of 140 days on market.

There are 97 TICs on the market now, ranging in price from $330,000 for a 2BR/1BA interest that just came back on the market in a seven-unit building in Nob Hill, to a “house-like, eco-friendly” 2BR/2BA listed at $1,295,000 in a three-unit building that features Alcatraz and Bay views.

On the downside, it’s taking an average of 20+ years to condo convert three- to six-unit buildings purchased now, according to TIC attorney specialist Andy Sirkin, who recently gave in an-person update at our sales meeting. And for existing TIC owners who have been in the lottery multiple times, it’s looking like seven-year lottery candidates will be the big winners this year. So if you’ve been in the lottery for less than seven years, it’s unlikely you’ll “win” the right to condo convert this year (or, actually, next year).

Sellers, note that if all your ducks are in a row and your property presentation and financing details are solid, there is a good chance your TIC interest will sell—but it may take time to land the right, qualified buyer. It’s critical to have your financing, legal, title company, and Realtor team in place and on the same page before you come anywhere near putting your property on the market.

And buyers, consider TICs if you understand all the details involved (and of course, can qualify/afford the financing offered). There’s a lot of homework to do up front, and I pretty much give my buyers in this property category an unofficial seminar—and insist that they speak with a real estate attorney—before they (and I) are convinced TICs are the right option for them.

More Condo Lottery Craziness

Tickets for San Francisco’s annual condo lottery go on sale Monday. And there’s something you should know, as per my friends at Plan C: The City may be denying additional lottery tickets to buildings that qualify with the minimum qualifications. (Generally, this means one owner-occupied unit for each of the last three years in 2-4 unit buildings, and three owner-occupied units for each of the last three years in 5-6 unit buildings.)

Historically, lottery priority and the issuance of additional tickets have required that one of the qualifying owner-occupants have been owners (but not necessarily occupants) during each of the previous lottery losses.

The change for the last couple of years and for 2010 is that the Department of Public Works (DPW) appears to have a new interpretation of written law. To establish priority credit (additional tickets), DPW is requiring that each of the qualifying owner-occupants be the same original owner occupants that were unsuccessful in past lotteries.

Simply put, your building might qualify for the 2010 lottery and receive one ticket, but unlike in years past, may not be entitled to additional tickets based upon unsuccessful previous lottery participation.

Plan C is reaching out to see if there are other TIC groups where this situation is likely to have an impact. If you’re facing the same issue, or would face this issue if one of your fellow TIC co-owners were to sell their interest, let Plan C know and they’ll put you in contact with other similarly situated people. Send them an e-mail at info@plancsf.org.

Fractional TIC Loans Thrive in San Francisco Market

I was surprised to hear recently that lender NCB recently suspended its fractional loan program. Which made me think: Are fractional loans here to stay? Are buyers risking the ultimate integrity of their multi-unit TIC ownership by assuming the individual loans will be available when they are ready to sell?

Fractional loans are apparently performing quite well, thank you, according to Sterling Bank’s Henry Jeanes. He says that Sterling is committed to offering its fractional loan product, a decision fueled by the consistent popularity of TIC interests among San Francisco buyers (particularly of the first-time variety).

Jeanes is presently seeing about five TIC loans closing per month at Sterling, and 15-20 loans closing monthly among all the lenders. Many clients he’s worked with who can afford less than, say, $800,000, are still turning to TICs, as TICs still offer more bang for the buck (especially if you’re looking for a quintessential Victorian/Edwardian flat, for example).

Jeanes expects more fractional TIC lenders to enter the market in the future; the borrowers for these loans are attractive in that they meet stringent financial requirements. (Full doc, and a minimum of 700 for a credit score, for starters.)

Lenders are also fairly careful about how many of these fractional loans they authorize. So I’m thinking that if the loans continue to perform well, there may be less of a risk such loans will ultimately disappear. Indeed, 249 TIC interests have sold so far in 2009, at an average price of $616,573.

But before you run out and start going to open houses for 3-6 unit TIC interests, do your homework. Get a sense for the details, and know what you’re getting into. TICs are not for everyone.

TICs Avoid Foreclosure Wave

Last week, our reader The Real Estate Whisperer asked about the health of the TIC loan industry.

TICs apparently have an excellent track record when it comes to foreclosures, according to Henry Jeanes at Sterling Bank—one of the primary TIC lenders. Jeanes confirmed that apart from one TIC owner in Oakland who was heading for foreclosure (which was ultimately avoided), Jeanes isn’t aware of any lenders foreclosing on a TIC interest.

Good news, particularly with the mix of group and fractional loans. Jeanes attributes the loan success to the strict TIC loan requirements.

Capp Compound Seeks Crafty Buyer

428cappFor those yearning for an Arts & Crafts-style compound in the heart of the Mission, 428 Capp will certainly do the trick.

This two-story home with a rear carriage house sits on a 6,125 square foot lot right at Capp and 19th Street. It was last sold for $1,085,000 in October 2006, but is now listed at $1,295,000.

All the architectural trappings are there—stained glass, massive brick fireplace, and lots of woodwork. The property is being sold with plans and permits for a major remodel to both structures, and a variance to turn the carriage house into a second living space.

There’s also four-car tandem parking. I’m thinking this could be a great opportunity for some sweat equity, my friends. The front house is perfectly livable, but the idea of a compound in the sun belt sounds good to me.