Selling Guide

Published April 07, 2021

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What percentage of ownership by a single-entity makes a condo or co-op project ineligible?

Single-Entity Ownership

A project meets the definition of single-entity ownership when a single entity (the same individual, investor group, partnership, or corporation) owns more than the following total number of units in the project:

  • projects with 5 to 20 units – 2 units
  • projects with 21 or more units – 20%

Units currently subject to any rental or lease arrangement must be included in the calculation. This includes lease arrangements containing provisions for the future purchase of units such as lease-purchase and rent-to-own arrangements.

The following may be excluded from the single-entity ownership calculation:

  • units that are owned by the project sponsor or developer and are vacant and being actively marketed for sale; or
  • units that are controlled or owned by a non-profit entity for the purpose of providing affordable housing, units held in affordable housing programs (including units subject to non-eviction rent regulation codes), or units held by higher-education institutions for a workforce housing program.

The single-entity ownership requirement may be waived when the transaction is a purchase transaction that will result in a reduction of the single-entity ownership concentration. In such instances, the following requirements must be met:

  • units owned by the single entity represent no more than 49% of the units;
  • evidence is required that the single entity is marketing units for sale to further reduce single-entity ownership, with the goal of reducing the concentration to 20% or less of the project units;
  • the single entity is current on all HOA assessments; and
  • there are no pending or active special assessments in the project.

 

See B4-2.1-03, Ineligible Projects for additional information. 

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