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Condo Issues

Condo Warrantability: Why Condo Deals Die in Underwriting and How to Fix It

Condo purchases fail for reasons that have nothing to do with the buyer's credit or income. The project itself must meet warrantability requirements. Here is what kills condo deals and how to identify the issues before going under contract.

Dan ArdisBy Dan Ardis·Senior Mortgage Loan Originator·NMLS# 1412272

What This Guide Covers

  • What makes a condo project warrantable for Fannie Mae and FHA financing
  • Owner-occupancy ratios: the minimum threshold and why it matters
  • HOA litigation, delinquency rates, and reserve funding requirements
  • Non-warrantable condos and which financing products work for them

What Makes a Condo Project Warrantable

A warrantable condo is one that meets the guidelines set by Fannie Mae, Freddie Mac, or FHA for project eligibility. The loan is not just a credit decision on the borrower; it is also a credit decision on the project. Both must pass.

Fannie Mae's key warrantability criteria for established projects: at least 51% of units must be owner-occupied or second homes (not rentals). No single entity can own more than 20% of the total units. No more than 15% of units can be 60 days or more past due on HOA dues. The HOA must have adequate reserve funding, generally 10% or more of the annual budget allocated to reserves. And the project must not be party to pending litigation that could materially affect the project's value or insurability.

FHA has similar but slightly different criteria, including a maximum of 25% commercial space in mixed-use projects and specific site condominium eligibility rules.

A non-warrantable condo does not meet these criteria. Financing is still available, but not through standard Fannie Mae or FHA channels. Non-warrantable condos require portfolio lenders or non-QM products, typically at higher rates and with lower LTV limits.

Required Documentation

  • HOA questionnaire (lender-provided form the HOA must complete)
  • HOA budget and reserve study (most recent year)
  • HOA meeting minutes (typically 6 to 12 months)
  • HOA insurance certificate (master policy confirming proper coverage)
  • Litigation disclosure from HOA (confirming no pending suits affecting the project)
  • Unit count and owner-occupancy breakdown from HOA management

What Most Lenders Get Wrong

  • 1.Not ordering the HOA questionnaire early enough. The questionnaire response time is outside the loan officer's control and often delays closings by 1 to 2 weeks.
  • 2.Failing to identify condo warrantability issues before the borrower goes under contract. A borrower who falls in love with a unit in a non-warrantable project either needs portfolio financing (higher rate) or exits the contract.
  • 3.Not explaining to the borrower that a failed inspection or litigation issue with the HOA can kill a deal that has nothing to do with their creditworthiness.
  • 4.Missing the spot approval option for FHA condos. FHA offers a Single Unit Approval (SUA) process for individual units in projects that are not on the FHA-approved list, which allows FHA financing in projects that might otherwise be excluded.

Non-Warrantable Condo Financing Options

A non-warrantable condo can still be financed, but the options are different. Portfolio lenders, which keep loans on their own balance sheets rather than selling to Fannie Mae, can set their own project eligibility standards. Some are willing to lend on non-warrantable projects with lower LTV limits and higher rates.

For borrowers purchasing a non-warrantable condo who have strong credit and a significant down payment, the portfolio route may be acceptable if the pricing is tolerable and the buyer understands what they are taking on. The key risk of a non-warrantable condo is that future buyers face the same financing limitations, which can restrict resale and suppress appreciation relative to warrantable projects.

FHA Single Unit Approval: The Workaround for Unlisted Projects

FHA offers a Single Unit Approval (SUA) process that allows an individual unit in a condo project to be FHA-financed even if the project itself is not on the HUD-approved list. This is significant because most Bakersfield condo projects are not actively maintained on the FHA approval list, yet individual units may qualify through SUA.

For SUA to apply, the project must meet certain criteria: the project must not be more than 35% commercial space, no more than 10% of units can be owned by a single entity, the project insurance must meet FHA requirements, and the project must not be under active or planned construction that could affect the building's soundness.

The SUA process adds documentation requirements to the transaction — the lender must collect and review the HOA questionnaire, budget, insurance, and meeting minutes as part of the condo approval — but it eliminates the need for the project to be formally certified on the HUD approved list. For Bakersfield buyers purchasing FHA in a project that would otherwise not be available, SUA is the path forward.

HOA Reserve Fund Requirements and What Underfunding Means

The HOA reserve fund requirement is the warrantability issue that catches most buyers off guard. Fannie Mae generally requires that at least 10% of the HOA's annual budget be allocated to reserves. This means the HOA has set aside funds for major capital expenses like roof replacement, elevator maintenance, pool repair, and parking lot resurfacing.

An HOA with a $300,000 annual budget must allocate at least $30,000 to reserves. If the actual allocation is $10,000, the project fails the reserve requirement and may be non-warrantable.

The HOA questionnaire asks for this information directly. Lenders review the budget to calculate the reserve percentage. If it falls short, the lender cannot approve the loan under standard Fannie Mae guidelines even if every other criterion is met.

For Bakersfield condo buyers, an underfunded HOA reserve is a red flag beyond just the mortgage: it suggests the HOA may face a special assessment in the future to fund a capital project that should have been reserved for over time. Understanding the reserve fund status before making an offer protects the buyer from both a financing problem at closing and a financial surprise after they own the unit.

Dan Ardis
Dan's Take
NMLS# 1412272

Condo warrantability is the most common property-level reason I see Bakersfield deals fall apart. The borrower qualifies, the price is right, and then the HOA questionnaire comes back with a pending lawsuit or a low reserve fund and the lender cannot proceed under standard guidelines. I identify condo project status before clients make strong offers so they know whether standard financing is available.

Are you buying or refinancing a condo and need to know if the project qualifies?

Call Dan at (661) 342-9381. He will review your specific situation and documentation in a free call.

Frequently Asked Questions

How do I know if a condo is on the FHA-approved list?
You can search the HUD Condo Approval portal at entp.hud.gov. If the project is not listed, FHA Single Unit Approval may be available for individual units in otherwise eligible projects.
What happens if the HOA has pending litigation?
Pending litigation that could materially affect the project's finances or insurability will typically make a condo non-warrantable for Fannie Mae and ineligible for FHA. The nature and severity of the litigation matters. A minor slip-and-fall suit is treated differently than an HOA suing the developer for major construction defects.
Can I buy a condo where 40% of the units are rentals?
Not with standard Fannie Mae financing, which requires 51% or more owner-occupancy. Portfolio or non-QM financing may be available at a higher rate.
How long does the HOA questionnaire take to get back?
HOA questionnaire response times vary widely. Self-managed associations may respond within days; professionally managed associations typically respond in 5 to 10 business days. Some HOAs charge a fee for completing the questionnaire. Ordering it early in the process is critical to avoiding closing delays.
What does it mean if the HOA reserve fund is low?
A low reserve fund (below 10% of annual budget) can make the project non-warrantable for Fannie Mae financing. It also signals potential future special assessments for capital repairs. For buyers, understanding the reserve level before going under contract protects against both a financing problem and a post-purchase financial surprise.
Get Started

Are you buying or refinancing a condo and need to know if the project qualifies?

Dan will review your specific documentation and match you with the right lender. Call (661) 342-9381 or apply online.