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24:24:4.1.3.1.4.2.5.1 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.101 Introduction. HUD     [39 FR 10966, Mar. 22, 1974. Redesignated at 40 FR 15580, Apr. 7, 1975, and 49 FR 6714, Feb. 23, 1984, and amended at 56 FR 922, Jan. 9, 1991] (a) Purpose. This subpart sets forth the essential elements of the HUD Homeownership Opportunities Program for Low-Income Families (Turnkey III). (b) Applicability. This subpart is applicable to Turnkey III developments operated by LHA. For Turnkey III developments operated by an Indian Housing Authority, applicable provisions are found at 24 CFR part 905, subpart G. (1) With respect to any development to be operated as Turnkey III, the Annual Contributions Contract (ACC) shall contain the “Special Provisions for Turnkey III Homeownership Opportunity Project” as set forth in Appendix I. A Turnkey III development may include only units which are to be operated as such under Homebuyers Ownership Opportunity Agreements. If for any reason it is determined that certain units should be operated as conventional rental units, such units must comprise or be made part of a conventional rental project. (2) With respect to Turnkey III developments pursuant to an executed ACC where no Agreements with Homebuyers have been signed, the ACC shall be amended (i) to include the “Special Provisions” set forth in Appendix I, (ii) to extend its term to 30 years, and (iii) to reduce its Maximum Contribution Percentage to a rate that will amortize the debt in 30 years at the minimum Loan Interest Rate specified in the ACC for the specific Turnkey III project involved. Further development and operation shall be in accordance with this subpart including use of the form of Homebuyers Ownership Opportunity Agreement set forth in Appendix II. (3) With respect to developments where Agreements with homebuyers have been signed, the following steps shall be taken: (i) The ACC shall be amended to include the Special Provisions” set forth in Appendix I; further development and operation of the Project shall be in accordance with this subpart. (ii) The LHA shall offer all qualified homebuyers in the development a new Homebuyers Ownership Opportunity Agreement as set forth in Appendix II with an amendment to section 16a to refer to “the la…
24:24:4.1.3.1.4.2.5.10 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.110 Earned Home Payments Account (EHPA) HUD       (a) Credits to the account. The LHA shall establish and maintain a separate EHPA for each homebuyer. Since the homebuyer is responsible for maintaining the home, a portion of his required monthly payment equal to the LHA's estimate, approved by HUD, of the monthly cost for such routine maintenance, taking into consideration the relative type and size of the homebuyer's home, shall be set aside in his EHPA. In addition, this account shall be credited with (1) Any voluntary payments made pursuant to paragraph (f) of this section, and (2) Any amount earned through the performance of maintenance as provided in paragraph (d) of this section and § 904.111(c). (b) Charges to the account. (1) If for any reason the homebuyer is unable or fails to perform any item of required maintenance as described in § 904.107(a), the LHA shall arrange to have the work done in accordance with the procedures established by the LHA and the HBA and the cost thereof shall be charged to the homebuyer's EHPA. Inspections of the home shall be made jointly by the LHA and the HBA. (2) To the extent NRMR expense is attributable to the negligence of the homebuyer as determined by the HBA and approved by the LHA (see § 904.111), the cost thereof shall be charged to the EHPA. (c) Exercise of option; required amount in EHPA. The homebuyer may exercise his option to buy the home, by paying the applicable purchase price pursuant to § 904.113 or § 904.115, only after satisfying the following conditions precedent: (1) Within the first two years of his occupancy, he has achieved a balance in his EHPA equal to 20 times the amount of the monthly EHPA credit as initially determined in accordance with paragraph (a) of this section; (2) He has met, and is continuing to meet, the requirements of the Homebuyers Ownership Opportunity Agreement; (3) He has rendered, and is continuing to render, satisfactory performance of his responsibilities to the HBA. When the homebuyer has met these conditions precedent, the LHA shall give the homebuyer a certif…
24:24:4.1.3.1.4.2.5.11 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.111 Nonroutine Maintenance Reserve (NRMR). HUD       (a) Purpose of reserve. The LHA shall establish and maintain a separate NRMR for each home, using a portion of the homebuyer's monthly payment. The purpose of the NRMR is to provide funds for the nonroutine maintenance of the home, which consists of the infrequent and costly items of maintenance and replacement shown on the Nonroutine Maintenance Schedule for the home (see paragraph (b) of this section). Such maintenance may include the replacement of dwelling equipment (such as range and refrigerator), replacement of roof, exterior painting, major repairs to heating and plumbing systems, etc. The NRMR shall not be used for nonroutine maintenance of common property, or for nonroutine maintenance relating to the home to the extent such maintenance is attributable to the Homebuyer's negligence or to defective materials or workmanship. (b) Amount of reserve. The amount of the monthly payments to be set aside for NRMR shall be determined by the LHA, with the approval of HUD, on the basis of the Nonroutine Maintenance Schedule showing the amount likely to be needed for nonroutine maintenance of the home during the term of the Homebuyers Ownership Opportunity Agreement, taking into consideration the type of construction and dwelling equipment. This Schedule shall (1) list each item of nonroutine maintenance (e.g., range, refrigerator, plumbing, heating system, roofing, tile flooring, exterior painting, etc.), (2) show for each listed item the estimated frequency of maintenance or useful life before replacement, the estimated cost of maintenance or replacement (including installation) for each occasion, and the annual reserve requirement, and (3) show the total reserve requirements for all the listed items, on an annual and a monthly basis. This Schedule shall be prepared by the LHA and approved by HUD as part of the submission required to determine the financial feasibility of the Project. The Schedule shall be revised after approval of the working drawings and specifications, and shall thereafter be reexamined an…
24:24:4.1.3.1.4.2.5.12 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.112 Operating reserve. HUD       (a) Purpose of reserve. To the extent that total operating receipts (including subsidies for operations) exceed total operating expenditures of the Project, the LHA shall establish an operating reserve up to the maximum approved by HUD in connection with its approval of the annual operating budgets for the Project. The purpose of this reserve is to provide funds for (1) The infrequent but costly items of nonroutine maintenance and replacements of common property, taking into consideration the types of items which constitute common property, such as nondwelling structures and equipment, and in certain cases, common elements of dwelling structures, (2) Nonroutine maintenance for the homes to the extent such maintenance is attributable to defective materials or workmanship not covered by warranty, (3) Working capital for payment of a deficit in a homebuyer's NRMR, until such deficit is offset by future monthly payments by the homebuyer or at settlement in the event the homebuyer should purchase, and (4) A deficit in the operation of the Project for a fiscal year, including a deficit resulting from monthly payments totaling less than the break-even amount for the Project. (b) Nonroutine maintenance—common property (Contribution to operating reserve). The amount under this heading to be included in operating expense (and in the break-even amount) established for the fiscal year (see § 904.108 and § 904.109) shall be determined by the LHA, with the approval of HUD, on the basis of estimates of the monthly amount needed to accumulate an adequate reserve for the items described in paragraph (a)(1) of this section. This amount shall be subject to revision in the light of experience. This contribution to the operating reserve shall be made only during the period the LHA is responsible for the maintenance of any common property; and during such period, the amount shall be determined on the basis of the requirements of all common property in the development in a manner similar to that explained in § 904.109(c). When…
24:24:4.1.3.1.4.2.5.13 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.113 Achievement of ownership by initial homebuyer. HUD       (a) Determination of initial purchase price. The LHA shall determine the initial purchase price of the home by two basic steps, as follows: Step 1: The LHA shall take the Estimated Total Development Cost (including the full amount for contingencies as authorized by HUD) of the development as shown in the Development Cost Budget in effect upon award of the Main Construction Contract or execution of the Contract of Sale, and shall deduct therefrom the amounts, if any, attributed to (1) relocation costs, (2) counseling and training costs, and (3) the cost of any community, administration or management facilities including the land, equipment, and furnishings attributable to such facilities as set forth in the development program for the development. The resulting amount is herein called Estimated Total Development Cost for Homebuyers. Step 2: The LHA shall apportion the Estimated Total Development Cost for Homebuyers among all the homes in the development. This apportionment shall be made by obtaining an FHA appraisal of each home and adjusting such appraised values (upward or downward) by the percentage difference between the total of the appraisal for all the Homes and the Estimated Total Development Cost for Homebuyers. The adjusted amount for each home shall be the initial purchase price for that home. Step 1: The LHA shall take the Estimated Total Development Cost (including the full amount for contingencies as authorized by HUD) of the development as shown in the Development Cost Budget in effect upon award of the Main Construction Contract or execution of the Contract of Sale, and shall deduct therefrom the amounts, if any, attributed to (1) relocation costs, (2) counseling and training costs, and (3) the cost of any community, administration or management facilities including the land, equipment, and furnishings attributable to such facilities as set forth in the development program for the development. The resulting amount is herein called Estimated Total Development Cost for Homebuyers. Step 2:…
24:24:4.1.3.1.4.2.5.14 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.114 Payment upon resale at profit. HUD       (a) Promissory note. (1) When a homebuyer achieves ownership (regardless of whether ownership is achieved under § 904.113 or § 904.115), he shall sign a note obligating him to make a payment to the LHA, subject to the provisions of paragraph (a)(2) or this section, in the event he resells his home at a profit within 5 years of actual residence in the home after he becomes a homeowner. If, however, the homeowner should purchase and occupy another home within one year (18 months in case of a newly constructed home) of the resale of the Turnkey III home, the LHA shall refund to the homeowner the amount previously paid by him under the note, less the amount, if any, by which the resale price of the Turnkey III home exceeds the acquisition price of the new home, provided that application for such refund shall be made no later than 30 days after the date of acquisition of the new home. (2) The note to be signed by the homebuyer pursuant to paragraph (a)(1) of this section shall be a non interest-bearing promissory note (see Appendix IV) to the LHA. The note shall be executed at the time the homebuyer becomes a homeowner and shall be secured by a second mortgage. The initial amount of the note shall be computed by taking the appraised value of the home at the time the homebuyer becomes a homeowner and subtracting (i) the homebuyer's purchase price plus the Incidental Costs and (ii) the increase in value of the home, determined by appraisal, caused by improvements paid for by the homebuyer with funds from sources other than the EHPA or NRMR. The note shall provide that this initial amount shall be automatically reduced by 20 percent thereof at the end of each year of residency as a homeowner, with the note terminating at the end of the five-year period of residency, as determined by the LHA. To protect the homeowner, the note shall provide that the amount payable under it shall in no event be more than the net profit on the resale, that is, the amount by which the resale price exceeds the sum of (A) the homebuyer's pu…
24:24:4.1.3.1.4.2.5.15 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.115 Achievement of ownership by subsequent homebuyers. HUD       (a) Definition. In the event the initial homebuyer and his family vacate the home before having acquired ownership, a subsequent occupant who enters into a Homebuyer's Ownership Opportunity Agreement and who is not a successor pursuant to § 904.107(l)(2) is herein called a “subsequent homebuyer.” (b) Determination of initial purchase price. The initial purchase price for a subsequent homebuyer shall be an amount equal to (1) the purchase price shown in the initial homebuyer's Purchase Price Schedule as of the date of this Agreement with the subsequent homebuyer plus (2) the amount, if any, by which the appraised fair market value of the home, determined or approved by HUD as of the same date, exceeds the purchase price specified in paragraph (b)(1) of this section. (c) Purchase price schedule. The subsequent homebuyer's Purchase Price Schedule shall be the same as the unexpired portion of the initial homebuyer's Purchase Price Schedule except that where his purchase price includes an additional amount as specified in paragraph (b)(2) of this section, the initial homebuyer's Purchase Price Schedule shall be followed by an Additional Purchase Price Schedule for such additional amount based upon the same monthly debt service and the same interest rate as applied to the initial homebuyer's Purchase Price Schedule. (d) Residual receipts. After payment in full of the LHA's debt, if there are any subsequent homebuyers who have not acquired ownership of their homes, the LHA shall continue to pay to HUD all residual receipts from the operation of the Project, including payments received on account of any Additional Purchase Price Schedules applicable to the homes, provided the aggregate amount of such payments of residual receipts does not exceed the aggregate amount of annual contributions paid by HUD with respect to the Project.
24:24:4.1.3.1.4.2.5.16 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.116 Transfer of title to homebuyer. HUD       When the homebuyer is to obtain ownership as described in § 904.113 or § 904.115, a closing date shall be mutually agreed upon by the parties. On the closing date the homebuyer shall pay the required amount of money to the LHA, sign the promissory note pursuant to § 904.114, and receive a deed for the home.
24:24:4.1.3.1.4.2.5.17 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.117 Responsibilities of homebuyer after acquisition of ownership. HUD       After acquisition of ownership, each homeowner shall be required to pay to the LHA or to the homeowners association, as appropriate, a monthly fee for (a) the maintenance and operation of community facilities including utility facilities, if any, (b) the maintenance of grounds and other common areas and, (c) such other purposes as determined by the LHA or the homeowners association, as appropriate, including taxes and a provision for a reserve. This requirement shall be set out in the planned unit development or condominium documents which shall be recorded prior to the date of full availability, or in an LHA-homeowner contract in this regard.
24:24:4.1.3.1.4.2.5.18 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.118 Homeowners association—planned unit development (PUD). HUD       If the development is organized as a planned unit development: (a) Ownership and maintenance of common property. The common areas, sidewalks, parking lots, and other common property in the development shall be owned and maintained as provided for in the approved planned unit development (PUD) program except that the LHA shall be responsible for maintenance until such time as the homeowners association assumes such responsibility (see § 904.112(d)). (b) Title restrictions. The title ultimately conveyed to each homebuyer shall be subject to restrictions and encumbrances to protect the rights and property of all other owners. The homeowners association shall have the right and obligation to enforce such restrictions and encumbrances and to assess owners for the costs incurred in connection with common areas and property and other responsibilities. (c) Votes in association. There shall be as many votes in the association as there are homes in the development, and, at the outset, all the voting rights shall be held by the LHA. As each home is conveyed to the homebuyer, one vote shall automatically go to the homeowner so that, when all the homes have been conveyed, the LHA shall no longer have any interest in the homeowners association. (d) Voting control. The LHA shall not lose its majority voting interest in the association as soon as a majority of the homes have been conveyed, unless the law of the state requires control to be transferred at a particular time, or the LHA so desires. If permitted by state law, provision shall be made for each home owned by the LHA to carry three votes, while each home owned by a homeowner shall carry one vote. Under this weighted voting plan, the LHA shall continue to have voting control until 75 percent of the homes have been acquired by homeowners. However, at its discretion, the LHA may transfer voting control to the homeowners when at least 50 percent of the homes have been acquired by the homeowners.
24:24:4.1.3.1.4.2.5.19 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.119 Homeowners association—condominium. HUD       If the development is organized as a condominium: (a) The LHA at the outset shall own each condominium unit and its undivided interest in the common areas; (b) All the land, including that land under the housing units, shall be a part of the common areas; (c) The homeowners association shall own no property but shall maintain and operate the common areas for the individual owners of the condominium units except that the LHA shall be responsible for maintenance until such time as the homeowners association assumes such responsibility (see § 904.112(d)); (d) The percentage of undivided interest attached to each condominium unit shall be based on the ratio of the value of the units to the value of all units and shall be fixed when the development is completed. This percentage shall determine the homeowner's liability for the maintenance of the common areas and facilities; (e) Each homeowner's vote in the homeowners association shall be identical with the percentage of undivided interest attached to his unit; and (f) The LHA shall not lose its majority voting interest in the association as soon as units representing 50 percent of the value of all units have been conveyed, unless the law of the state requires control to be transferred at a particular time or the LHA so desires. For voting purposes, until units representing 75 percent of the value of all units have been acquired by homeowners, the total undivided interest attributable to the homes owned by the LHA shall be multiplied by three, if such weighted voting plan is permitted by state law. Under this plan, the LHA shall continue to maintain voting control until 75 percent of the homes have been acquired by homeowners. However, at its discretion, the LHA may transfer voting control to the homeowners when units representing at least 50 percent of the value of all units have been acquired by the homeowners.
24:24:4.1.3.1.4.2.5.2 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.102 Definitions. HUD     [39 FR 10966, Mar. 22, 1974, as amended at 61 FR 5214, Feb. 9, 1996] (a) The term common property means the nondwelling structures and equipment, common areas, community facilities, and in some cases certain component parts of dwelling structures, which are contained in the development: Provided, however, That in the case of a development that is organized as a condominium or a planned unit development (PUD), the term common property shall have the meaning established by the condominium or PUD documents and the State law pursuant to which the condominium or PUD is organized, under the terms common areas, common facilities, common elements, common estate, or other similar terms. (b) The term development means the entire undertaking including all real and personal property, funds and reserves, rights, interests and obligations, and activities related thereto. (c) The term EHPA means the Earned Home Payments Account established and maintained pursuant to § 904.110. (d) The term homebuyer means the member or members of a low-income family who have executed a Homebuyers Ownership Opportunity Agreement with the LHA. (e) The term homebuyers association (HBA) means an organization as defined in § 904.106. (f) The term homeowner means a homebuyer who has acquired title to his home. (g) The term homeowners association means an association comprised of homeowners, including condominium associations, having responsibilities with respect to common property. (h) The term LHA means the local housing authority which acquires or develops a low-rent housing development with financial assistance from HUD, owns the homes until title is transferred to the homebuyers, and is responsible for the management of the homeownership opportunity program. (i) The term NRMR means the Nonroutine Maintenance Reserve established and maintained pursuant to § 904.111. (j) The term Project is used to refer to the development in relation to matters specifically related to the Annual Contributions Contract.
24:24:4.1.3.1.4.2.5.20 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.120 Relationship of homeowners association to HBA. HUD       The HBA and the LHA may make arrangements to permit homebuyers to participate in homeowners association matters which affect the homebuyers. Such arrangements may include rights to attend meetings and to participate in homeowners association deliberations and decisions.
24:24:4.1.3.1.4.2.5.21 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.121 Use of appendices. HUD       Use of the following Appendices is mandatory for Projects developed under this subpart:
24:24:4.1.3.1.4.2.5.22 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.122 Statutory preferences. HUD     [59 FR 36651, July 18, 1994, as amended at 61 FR 9048, Mar. 6, 1996] In selecting applicants for assistance under this part, the LHA must give preference, in accordance with the authorized preference requirements described in 24 CFR 5.410 through 5.430. Notwithstanding those preferences, the LHA can limit homeownership admission to eligible homeownership candidates.
24:24:4.1.3.1.4.2.5.3 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.103 Development. HUD     [39 FR 10966, Mar. 22, 1974. Redesignated at 40 FR 15580, Apr. 7, 1975, and amended at 47 FR 39482, Sept. 8, 1982. Redesignated at 49 FR 6714, Feb. 23, 1984, and amended at 53 FR 41598, Oct. 24, 1988] (a) Financial framework. The LHA shall finance development or acquisition by sale of its notes (bond financing shall not be used) in the amount of the Minimum Development Cost. Payment of the debt service on the notes is assured by the HUD commitment to provide annual contributions. (b) Maximum total development cost. The maximum total development cost stated in the ACC is the maximum amount authorized for development of a project and shall not exceed the amount approved in accordance with § 941.406(a) of this chapter. (c) Contractual framework. There are three basic contracts: (1) An Annual Contributions Contract containing “Special Provisions For Turnkey III Homeownership Opportunity Project,” Form HUD-53010C (see Appendix I); (2) A Homebuyers Ownership Opportunity Agreement (see Appendix II) which sets forth the respective rights and obligations of the low-income occupants and the LHA, including conditions for achieving homeownership; and (3) A Recognition Agreement (see Appendix II of Subpart D of this part) between the LHA and the HBA under which the LHA agrees to recognize the HBA as the established representative of the homebuyers. (d) Community Participation Committee ( CPC ). In the necessary development of citizens' participation in and understanding of the Turnkey III program, the LHA should consider formation and use of a CPC to assist the community and the LHA in the development and support of the Turnkey III program. The CPC shall be a voluntary group comprised of representatives of the low-income population primarily and may also include representatives of community service organizations.
24:24:4.1.3.1.4.2.5.4 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.104 Eligibility and selection of homebuyers. HUD     [39 FR 10966, Mar. 22, 1974. Redesignated at 40 FR 15580, Apr. 7, 1975, and at 49 FR 6714, Feb. 23, 1984, as amended at 49 FR 21490, May 21, 1984; 53 FR 1172, Jan. 15, 1988; 53 FR 6601, Mar. 2, 1988; 54 FR 39710, Sept. 27, 1989; 56 FR 7544, Feb. 22, 1991; 60 FR 14848, Mar. 20, 1995; 61 FR 13626, Mar. 27, 1996] (a) Announcement of availability of housing; fair housing marketing. (1) The availability of housing under Turnkey III shall be announced to the community at large. Families on the waiting list for LHA conventional rental housing who wish to be considered for Turnkey III must apply specifically for that program (see paragraph (d) of this section). (2) The LHA shall submit to HUD an Affirmative Fair Housing Marketing Plan and shall otherwise comply with the provisions of the Affirmative Fair Housing Marketing Regulations, 24 CFR part 200, subpart M, as if the LHA were an applicant for participation in an FHA housing program. This Plan shall be submitted with the development program, and no development program may be approved without prior approval of the Plan pursuant to HUD procedures under said Affirmative Fair Housing Marketing Regulations. If the development program has been approved, but the Annual Contributions Contract has not been executed, prior to the effective date of this subpart, an Affirmative Fair Housing Marketing Plan must be approved prior to execution of said contract. (b) Eligibility and standards for admission. (1) Homebuyers shall be lower income families that are determined to be eligible for admission in accordance with the provisions of 24 CFR parts 5 and 913, which prescribe income definitions, income limits, and restrictions concerning citizenship or eligible immigration status. The HUD-approved standards for admission to low-rent housing, including the LHA's established priorities and preferences and the requirements for administration of low-rent housing under Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 78 Stat. 241, 42 U.S.C. 2000d), shall be applicable except that the procedures used for homebuyer selection under Turnkey III shall be those set forth in this section. In carrying out these procedures the aim shall be to provide for equal housing opportunity in such a way as to prevent segregation or other discrimination on the basis of race, creed, color or national…
24:24:4.1.3.1.4.2.5.5 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.105 Counseling of homebuyers. HUD       The LHA shall provide counseling and training as provided in subpart C of this part, with funding as provided in § 904.206 of this part. Applicants for admission shall be advised of the nature of the counseling and training program available to them and the application for admission shall include a statement that the family agrees to participate and cooperate fully in all official pre-occupancy and post-occupancy training and counseling activities. Failure to participate as agreed may result in the family not being selected or retained as a homebuyer.
24:24:4.1.3.1.4.2.5.6 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.106 Homebuyers Association (HBA). HUD       An HBA is an incorporated organization composed of all the families who are entitled to occupancy pursuant to a Homebuyers Ownership Opportunity Agreement or who are homeowners. It is formed and organized for the purposes set forth in § 904.304 of this part. The HBA shall be funded as provided in § 904.305 of this part. In the absence of a duly organized HBA, the LHA shall be free to act without the HBA action required by this subpart.
24:24:4.1.3.1.4.2.5.7 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.107 Responsibilities of homebuyer. HUD     [39 FR 10966, Mar. 22, 1974. Redesignated at 40 FR 15580, Apr. 7, 1975, and at 49 FR 6714, Feb. 23, 1984, as amended at 49 FR 21490, May 21, 1984; 49 FR 26719, June 29, 1984; 54 FR 39710, Sept. 27, 1989; 56 FR 7544, Feb. 22, 1991; 60 FR 14848, Mar. 20, 1995; 60 FR 13626, Mar. 27, 1996] (a) Repair, maintenance and use of home. The homebuyer shall be responsible for the routine maintenance of the home to the satisfaction of the HBA and the LHA. This routine maintenance includes the work (labor and materials) of keeping the dwelling structure, grounds and equipment in good repair, condition and appearance so that they may be utilized continually at their designed capacities and at the satisfactory level of efficiency for their intended purposes, and in conformity with the requirements of local housing code and applicable regulations and guidelines of HUD. It includes repairs (labor and materials) to the dwelling structure, plumbing fixtures, dwelling equipment (such as range and refrigerator), shades and screens, water heater, heating equipment and other component parts of the dwelling. It also includes all interior painting and the maintenance of grounds (lot) on which the dwelling is located. It does not include maintenance and replacements provided for by the NRMR described in § 904.111. (b) Repair of damage. In addition to the obligation for routine maintenance, the homebuyer shall be responsible for repair of any damage caused by him, members of his family, or visitors. (c) Care of home. A homebuyer shall keep the home in a sanitary condition; cooperate with the LHA and the HBA in keeping and maintaining the common areas and property, including fixtures and equipment, in good condition and appearance; and follow all rules of the LHA and of the HBA concerning the use and care of the dwellings and the common areas and property. (d) Inspections. A homebuyer shall agree to permit officials, employees, or agents of the LHA and of the HBA to inspect the home at reasonable hours and intervals in accordance with rules established by the LHA and the HBA. (e) Use of home. A homebuyer shall not (1) sublet the home without the prior written approval of the LHA and HUD, (2) use or occupy the home for any unlawful purpose nor for any purpose deemed hazardous by insurance companies on account …
24:24:4.1.3.1.4.2.5.8 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.108 Break-even amount. HUD       (a) Definition. The term “break-even amount” as used herein means the minimum average monthly amount required to provide funds for the items listed in the illustration below. A separate break-even amount shall be established for each size and type of dwelling unit, as well as for the Project as a whole. The break-even amount for EHPA and NRMR will vary by size and type of dwelling unit; similar variations as to other line items may be made if the LHA deems this equitable. The break-even amount does not include the monthly allowance for utilities which the homebuyer pays for directly, nor does it include any amount for debt service on the Project notes. (b) Excess over break-even. When the homebuyer's required monthly payment (see § 904.107(j)) exceeds the applicable break-even amount, the excess shall constitute additional Project income and shall be deposited and used in the same manner as other Project income. (c) Deficit in monthly payment. When the homebuyer's required monthly payment is less than the applicable break-even amount, the deficit shall be applied as a reduction of that portion of the monthly payment designated for operating expense (i. e., as a reduction of Project income). In all such cases, the EHPA and the NRMR shall be credited with the amount included in the break-even amount for these accounts.
24:24:4.1.3.1.4.2.5.9 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES B Subpart B—Turnkey III Program Description   § 904.109 Monthly operating expense. HUD       (a) Definition and categories of monthly operating expense. The term “monthly operating expense” means the monthly amount needed for the following purposes: (1) Administration. Administrative salaries, travel, legal expenses, office supplies, postage, telephone and telegraph, etc.; (2) Homebuyer services. LHA expenses in the achievement of social goals, including costs such as salaries, publications, payments to the HBA to assist its operation, contract and other costs; (3) Utilities. Those utilities (such as water), if any, to be furnished by the LHA as part of operating expense; (4) Routine maintenance—common property. For community building, grounds, and other common areas, if any. The amount required for routine maintenance of common property depends upon the type of common property included in the development and the extent of the LHA's responsibility for maintenance (see also § 904.109(c)); (5) Protective services. The cost of supplemental protective services paid by the LHA for the protection of persons and property; (6) General expense. Premiums for fire and other insurance, payments in lieu of taxes to the local taxing body, collection losses, payroll taxes, etc.; (7) Nonroutine maintenance—common property (Contribution to operating reserve). Extraordinary maintenance of equipment applicable to the community building and grounds, and unanticipated items for non-dwelling structures (see § 904.112). (b) Monthly operating expense rate. The monthly operating expense rate for each fiscal year shall be established on the basis of the LHA's HUD-approved operating budget for that fiscal year. The operating budget may be revised during the course of the fiscal year in accordance with HUD requirements. If it is subsequently determined that the actual operating expense for a fiscal year was more or less than the amount provided by the monthly operating expense established for that fiscal year, the rate of monthly operating expenses to be established for the next fiscal year may be adjusted…
24:24:4.1.3.1.4.3.5.1 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.201 Purpose. HUD       The purpose of the counseling and training program shall be to assure that the homebuyers, individually and collectively through their homebuyers association (HBA), will be more capable of dealing with situations with which they may be confronted, making decisions related to these situations, and understanding and accepting the responsibility and consequences that accompany those decisions.
24:24:4.1.3.1.4.3.5.2 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.202 Objectives. HUD       The counseling and training program should seek to achieve the following objectives: (a) Enable the potential homebuyer to have a full understanding of the responsibilities that accompany his participation in the Homeownership Opportunity Program; (b) Enable the potential homebuyer to have an understanding of homeownership tasks with specific training given to individuals as the need and readiness for counseling or training indicates; (c) Assure that the role of the HBA is understood and plans for its organization are initiated at the earliest practical time; (d) Develop an understanding of the role of the LHA and of the need for a cooperative relationship between the homebuyer and the LHA; (e) Encourage the development of self-help by the homebuyer through reducing dependency and increasing independent action; (f) Develop an understanding of mutual assistance and cooperation that will develop a feeling of self-respect, pride and community responsibility; (g) Develop local resources that can be of assistance to the individual and the community on an on-going basis.
24:24:4.1.3.1.4.3.5.3 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.203 Planning. HUD       (a) The counseling and training program shall be flexible and responsive to the needs of each prospective homebuyer. While many subjects lend themselves to group sessions, consideration shall be given to individual counseling. Individuals should not be required to attend training classes on subject matter they are familiar with unless they can actively participate in the instruction process. (b) The program may be provided by contract with an outside organization, or by the LHA staff, in either case with voluntary involvement and assistance of groups and individuals within the community. It is essential that the training entity be completely knowledgeable and supportive of the entire Homeownership Opportunity Program. It may be recognized that most of the objectives stated require specialized instructional skill and content knowledge. There shall be recognition of the differences in communication and in value systems, and an understanding and respect for past experience of the individual. Maximum possible use shall be made of indigenous trainers to insure good communication and rapport. Special attention shall be directed to the needs of working members of the family for counseling and training sessions to be held where and during the time they can attend. Where the services of outside contractors are utilized, there shall be a close working relationship with the LHA and a program for phasing in LHA staff who will have the on-going responsibility for the program. The value of local agencies, educational institutions, etc., for implementing the program rather than an outside firm shall be carefully considered since the continuing presence of such agencies and institutions in the community can often develop into an on-going resource beyond the contract period. (c) In planning a homeownership counseling and training program, whether self-administered or contracted, the LHA shall consult with HUD for advice and information on programs, qualified contractors, local resources, reasonable costs, and other similar matt…
24:24:4.1.3.1.4.3.5.4 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.204 General requirements and information. HUD       (a) The counseling and training program shall be designed to meet the needs of the homebuyers and be sufficiently flexible to meet new needs as they arise. The nature of the program suggests four phases of counseling: (1) Pre-occupancy; (2) move-in; (3) post-occupancy; (4) assistance to the HBA. While some elements of the program lend themselves more to one phase than another, the program areas shall be coordinated and interrelated. It is recommended that the entity providing these services work closely with the participants and ensure that policies established are agreeable to both the LHA and the homebuyer. (b) The following is a description of major elements of the program which experience thus far has shown to be relevant. More detailed information is set forth in Appendix I, “Content Guide for Counseling and Training Program.” (1) Pre-occupancy phase. The purpose of this phase is to prepare the selected families to assume the responsibilities of homeownership, and to provide an opportunity for the LHA and each family to reassess the family's potential for successful participation in the homeownership development. (i) An overload of information should be avoided in this phase since many of the subjects will be dealt with in greater depth after the family is in occupancy, and experience has shown that much of the information will be more relevant at that time. (ii) This phase should be completed for each family before the beginning of its occupancy. (2) Move-in phase. During this phase, the counseling and training staff should be available to the homebuyers on an individual basis. Services may include (i) inspecting the units, interior and exterior, with the homebuyers and a representative of the LHA, (ii) testing appliances and equipment, (iii) providing information on the moving process (packing, trucks, etc.), and (iv) assisting homebuyers in making adjustments occasioned by the move, serving as liaison among homebuyers, LHA, builder and other agencies, and assisting homebuyers in meeting new neigh…
24:24:4.1.3.1.4.3.5.5 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.205 Training methodology. HUD       Equal in importance to the content of the pre- and post-occupancy training is the training methodology. Because groups vary, there should be adaptability in the communication and learning experience. Methods to be utilized may include group presentations, small discussion groups, special classes, and workshops. Especially important to a successful program are individual family home visits for discussion and instruction on unique problems and operation of equipment.
24:24:4.1.3.1.4.3.5.6 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.206 Funding. HUD       (a) Source of funds. For purpose of funding counseling and training pursuant to this subpart and for establishing the HBA, the LHA shall include an amount equal to $500 per dwelling unit in the development cost budget. If additional funds should be needed for any of these purposes, the LHA with the assistance of the CPC, if any, shall explore all other possible sources of services and funds. (b) Planned use of $500-per-unit funds. These funds are to be used to pay for: (1) Pre- and post-occupancy counseling and training; (2) Establishment and initial operation of the HBA (for operation in the management phase, see § 904.305). In planning the use of these funds, the LHA shall recognize that for a number of years after the initial counseling and training there is likely to be some turnover and follow-up counseling and training needs. Therefore, the LHA shall limit the amounts for the counseling and training of the initial homebuyers and shall reserve a reasonable amount for future counseling and training needs during the management phase of the development. (c) Period of availability of $500-per-unit funds. These funds shall be available during the development phase, and a specific amount shall be set aside, in accordance with paragraph (b) of this section, to be used for ongoing needs after the close of the development period. (d) Budgeting of $500-per-unit funds. (1) The Development Cost Budget submitted with the Development Program shall include an estimated amount for counseling and training program costs. However, such costs shall not be incurred until after HUD approval of the counseling and training program. (2) Upon HUD approval of the counseling and training program, the LHA shall include the approved amount in its Contract Award Development Cost Budget. This amount shall constitute the maximum amount that may be included for such purposes in the project development cost; provided that, if the approved amount is less than $500 per dwelling unit, it may, if necessary, be amended with HUD appr…
24:24:4.1.3.1.4.3.5.7 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES C Subpart C—Homeownership Counseling and Training   § 904.207 Use of appendix. HUD       A Content Guide for Counseling and Training Program (Appendix I) is provided as further detailed information for consideration in designing the counseling and training program. The items set forth therein are not to be considered mandatory.
24:24:4.1.3.1.4.4.5.1 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.301 Purpose. HUD       (a) It is essential that the homebuyers have an organized vehicle for pursuing their common interests, for effectively representing the needs of residents in dealing with the LHA, and for undertaking eventual management responsibility for the development. Although this organization, called the homebuyers association (HBA), shall be representative of the homebuyers and independent of the LHA, it shall be the responsibility of the LHA and the training and counseling staff to assist the homebuyers in their initial efforts at organization. (b) Except as noted in § 904.307, each Turnkey III development shall have an HBA. There shall be a separate HBA for each development or developments where there is a physical and financial community of interest.
24:24:4.1.3.1.4.4.5.2 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.302 Membership. HUD       Every family entitled to occupancy pursuant to a Homebuyers Ownership Opportunity Agreement and every family which is a homeowner shall automatically be a member of the HBA.
24:24:4.1.3.1.4.4.5.3 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.303 Organizing the HBA. HUD       (a) The HBA should be organized and incorporated as early in the life of the development as is feasible, in order to allow selected homebuyers an opportunity to meet each other and begin forging a sense of community, but in any case the HBA shall be organized and incorporated no later than the date on which 50 percent of the homebuyers have been selected. Interim officers and directors shall be designated as part of the initial organization of the HBA to serve until full-term officers and directors are elected. Such full-term officers and directors shall be elected when 60 percent of the homebuyers are in occupancy, but, in any event, not later than one year from the date the first home is occupied. (b) The LHA, in cooperation with the CPC, if any, shall be responsible for assuring that competent counseling and training assistance pursuant to Subpart C of this part will be provided in organizing the HBA. These services shall be continued until the HBA is fully operational. (c) The provision of such services shall include at least the following functions: (1) Assembling homebuyers for initial orientation and planning; (2) Explaining to homebuyers the structure and functions of an HBA and the rights and responsibilities of the HBA and the LHA; (3) Aiding in the preparation of charters, by-laws, contracts with the LHA and other appropriate documents; (4) Assisting in the formation of the organization, including such things as the initial designation of interim officers and directors and subsequent election of full-term HBA officers and directors, and the establishment of necessary committees, if any. (d) The LHA and the HBA shall execute an agreement recognizing the HBA as the official representative of the homebuyers, and establishing the functions, rights, and responsibilities of both parties (see Appendix II). This agreement shall be executed as soon as possible after incorporation of the HBA.
24:24:4.1.3.1.4.4.5.4 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.304 Functions of the HBA. HUD       (a) Subject to possible variations agreed to by the HBA and approved by HUD, the functions of the HBA shall include the following: (1) Representing its members, individually and collectively, with respect to any deficiencies in the development or in the homes and with respect to fulfillment of the construction contract and related warranties; (2) Representing its members, individually and collectively, in their relationships with the LHA and others in regard to financial matters such as monthly payments, credits to and charges against reserves, settlement upon vacating the home, acquisition of ownership, and other matters pertaining to operation and management of the development; (3) Recommending policies and rules to the LHA for operation and management including rules concerning use of the common areas and community facilities; (4) Participating in the operation of official grievance mechanisms; (5) Advising and assisting its members regarding procedures and practices relative to the Earned Home Payments Account and the acquisition of homeownership; (6) Participating with the LHA in periodic maintenance inspections of homes after occupancy, and making recommendations in case of disagreements arising out of maintenance inspections; (7) Participating with the LHA in the selection of subsequent homebuyers; (8) Coordinating, supervising, or managing the operation of credit union, child care, or other supportive services established for the development; (9) Participating with the LHA in the establishment and implementation of policies related to collection of monthly payments, termination of occupancy, and resolution of hardship situations; and (10) Performing management services as specified under contract with the Authority or with the Homeowners Association and participating in other activities pursuant to agreement with the LHA or with the Homeowners Association. (b) In addition, the HBA may offer such special services as the following: (1) The development of self-help such as consumer clubs, furnitu…
24:24:4.1.3.1.4.4.5.5 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.305 Funding of HBA. HUD       (a) In addition to providing the HBA with noncash contributions such as office space and duplicating services, the LHA shall make cash contributions for operating expenses of the HBA, in the amount provided for in paragraph (b) of this section. Until the project goes into management, these contributions shall be made from the development funds budgeted for the counseling and training program (see § 904.206). Thereafter, these contributions shall be provided for in the annual operating budgets of the LHA. (b) The cash contributions pursuant to paragraph (a) of this section shall be in the amount provided for in the LHA budget (development cost budget or annual operating budget, as the case may be) and approved by HUD. Such contributions shall be subject to whatever restrictions are applied by HUD to the funding of tenant councils generally, but they shall not exceed $3 per year per dwelling unit; provided that as an incentive to the HBA to provide additional funds from other sources such as homebuyer's dues, contributions, revenues from special projects or activities, etc., the LHA shall, to the extent approved by HUD in the LHA budget, match such additional funds beyond the $3 up to a maximum of $4.50, for a total LHA share of $7.50 where the total funding for the HBA is $12 or more. The HBA shall not be precluded from seeking to achieve total funding in excess of $12 per unit where this can be done with additional funds from sources other than the LHA. Furthermore, funding by the LHA for the normal expenses of the HBA is not to be confused with fees paid pursuant to management services contracts as described in § 904.306.
24:24:4.1.3.1.4.4.5.6 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.306 Performing management services. HUD       The LHA may also contract with the HBA to perform some or all of the functions of project management for which the HBA may be better suited or located than the LHA. Such functions may include security, maintenance of common property, or collection of monthly payments. For this purpose, the HBA may form a management corporation and the officers of the HBA shall be the directors of such corporation. This corporation and the LHA shall then negotiate a management services contract. Such arrangements are consistent with the objective of providing for maximum participation by residents in the management of their developments. As an alternative, the HBA and the LHA may elect to undertake any other arrangement approved by HUD.
24:24:4.1.3.1.4.4.5.7 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.307 Alternative to HBA. HUD       Where the homes are on scattered sites (noncontiguous lots throughout a multi-block area, with no common property), or where the number of homes may be too few to support an HBA, and where an alternative method for homebuyer representation and continuing counseling is provided, an HBA shall not be required. For such cases, a modified form of homebuyers association may be called for or a less formal organization may be desirable. This decision shall be made jointly by the LHA and the homebuyers, acting on the recommendation of HUD.
24:24:4.1.3.1.4.4.5.8 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.308 Relationship with homeowners association. HUD       The HBA and the homeowners association are, in legal terms, separate and distinct organizations with different functions. The homeowners association may hold title to and be responsible for maintenance of common property (see §§ 904.119 and 904.120), while the HBA has more general service and representative functions. While all residents are members of the HBA, only those who have acquired title to their homes are members of the homeowners association.
24:24:4.1.3.1.4.4.5.9 24 Housing and Urban Development IX   904 PART 904—LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES D Subpart D—Homebuyers Association (HBA)   § 904.309 Use of appendices. HUD       Use of the Articles of Incorporation (Part I of Appendix I) and the Recognition Agreement between the Local Housing Authority and Homebuyers Association (Appendix II) is mandatory for projects developed under subpart B of this part which have homebuyers associations. No modification may be made in format, content or text of these Appendices except (1) as required under state or local law as determined by HUD or (2) with approval of HUD. The By-Laws of the Homebuyers Association is provided as a guide for such projects and it may be used or modified to the extent required by the HBA and LHA respectively to meet local needs and desires.

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