Short title

This Act may be cited as the

Making Condos Safer and Affordable Act of 2023

Insurance of mortgages for condominium associations to finance repair and replacement of common facilities of condominium projects

Section 234 of the National Housing Act (12 U.S.C. 1715y) is amended—(1)in subsection (a), by inserting and preserving after increasing;(2)in the first sentence of subsection (b), by inserting before the period at the end the following: , and except that the term mortgage, for the purposes of subsection (l), includes a loan financing the costs of a rehabilitation, alteration, repair, improvement, or replacement of any common system, infrastructure, facility, feature, portion, or area serving a condominium project and that is secured by future lien-based mandatory unit owner payments required pursuant to State statute, a recorded declaration of covenants, or lawful rule, by-law, or guideline adopted by the governing body of the condominium project, real property, or a combination thereof;(3)by adding at the end the following new subsection:

(l)

Insurance of mortgages To finance repairs and replacements of common facilities

(1)

In general

In addition to mortgages insured under the other provisions of this section, the Secretary may insure, in the discretion of the Secretary and under such terms and conditions as the Secretary may prescribe, a mortgage—(A)that finances, in the case of condominium projects, the costs of a rehabilitation, alteration, repair, improvement, or replacement of any common system, infrastructure, facility, feature, portion, or area serving the project; and(B)under which the mortgagor is the governing body of the condominium project.(2)

Loan limit

To be eligible for insurance under this subsection, a mortgage may not involve a principal obligation in an amount exceeding 90 percent of the cost of the proposed rehabilitation, alteration, repair, improvement, or replacement project.

; and

(4)in subsection (h), by inserting or (l) after subsection (d).

Insurance of mortgages for owners of condominium units to finance special assessments

(a)

Section 203(k) rehabilitation loans

Section 203(k) of the National Housing Act (12 U.S.C. 1709(k)) is amended—(1)in paragraph (2)—(A)in subparagraph (A)—(i)in clause (ii), by striking or at the end;(ii)in clause (iii), by striking and at the end and inserting or; and(iii)by adding at the end the following new clause:

(iv)in the case of a dwelling unit in a condominium and notwithstanding any other law, regulation, or guideline of the Secretary, including subpart C of part II of the FHA Single Family Policy Handbook 4000.1 of the Department of Housing and Urban Development, the payment of a non-regular assessment charged by the governing body of the condominium project to the unit owner to cover costs of a future rehabilitation, alteration, repair, improvement, or replacement of any common system, infrastructure, facility, feature, portion, or area serving the project; and

; and

(B)in subparagraph (B), by inserting or the funding of reserves for future project-level improvements or repairs, after in connection with a structure,;(2)in paragraph (3)(A)—(A)by inserting the greater of (i) before the sum of the estimated cost of rehabilitation; and(B)by inserting before the semicolon at the end the following: , or (ii) the Secretary’s estimate of the value of the property after rehabilitation; except that in no case shall the principal obligation exceed 115 percent of the Secretary’s estimate of the value of the property after rehabilitation;(3)by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and(4)by inserting after paragraph (4) the following new paragraph:

(5)The Secretary shall streamline regulations and guidelines applicable to verification of rehabilitation and repair plans, management of rehabilitation work, disbursement of loan proceeds, and certification of work completion for any rehabilitation loan insured under this subsection for purposes of payment of a non-regular assessment described in paragraph (2)(A)(iv) or payment of reserves for future project-level improvements or repairs described in paragraph (2)(B) to account for management of such rehabilitation work or reserves by the governing body of the condominium project.

(b)

Title I property improvement loans

Section 2 of the National Housing Act (12 U.S.C. 1703) is amended—(1)in the first sentence of subsection (a)—(A)by inserting (iii) before financing the preservation of historic structures; and(B)by inserting before the period at the end the following: ; and for the purpose of (iv) financing, in the case of a dwelling unit in a condominium and notwithstanding any other law, regulation, or guideline of the Secretary, including subpart C of part II of the FHA Single Family Policy Handbook 4000.1 of the Department of Housing and Urban Development, the payment of a non-regular assessment charged by the governing body of the condominium project to the unit owner to cover costs of a future rehabilitation, alteration, repair, improvement, or replacement of any common system, infrastructure, facility, feature, portion, or area serving the project; and(2)in subsection (b)(1)—(A)in subparagraph (A)(i)—(i)by striking $25,000 and inserting $55,000; and(ii)by inserting before the semicolon the following: or a non-regular assessment charged by the governing body of the condominium project to the unit owner to cover costs of rehabilitation, alteration, repair, improvement, or replacement of any common system, infrastructure, facility, feature, portion, or area serving the project; and(B)in the matter after and below subparagraph (G), by adding at the end the following: The Secretary shall, by regulation, annually increase the dollar amount limitations in subparagraphs (A)(i), (B), and (F) (as such limitations may have been previously adjusted under this sentence) in accordance with the Consumer Price Index for All Urban Consumers (CPI-U)..