Quote from @Bobby Larsen:
Interested to see if this moved forward, I've considered something similar in San Diego. There aren't many co-ops in Southern California, mostly in LA or a senior community in Orange County, but there's not much of a discount between condos and co-ops - at most, 10%.
What is your source of the 10% difference data? I have considered doing a TIC/coop in San Dego but have the belief, without any data except for how I would value the financing challenges and tic risks, as being much greater than 10% price difference from condo price. I expect greater than 10% just for the loss of residential F/f financing.
at 10% difference, or even 15% difference, coop would be up there with lot splits on sophisticated value add.
I did the below research a couple/few years ago (so info is slightly old) but never ended up doing one but for those who watch my posts, I have indicated it is high on my list for Q4. my hope is to get a nice unit for my son at below 50% of retail.
TIC in this case is virtually synonymous with coop.
finance items
- There are several ways to finance TICs – group loans and fractional loans are the most common.
- Fractional TIC loan: you can now own a unit in a building that isn't classified as a condominium, yet from a financing perspective, will feel that way. Fractional TICs give owners the financial independence that has been associated with condos, without the need to wait for a condo conversion, a process which can take anywhere from 2 to 10 years depending on the specific requirements for the subject property. Fractional TIC loans are available for both owner occupied, second homes, and investment properties. A default by one co-owner results in a foreclosure on only the defaulting owner's share, and does not affect the other co-owners.
- Both Sterling and Bank of Marin offer financing to TIC developers for acquisition and renovation of buildings that will then be converted and sold as tenancy in common. These loan products include a partial release feature that allows them to be repaid gradually as TIC interests are sold, and ensure that the sold TIC units are not encumbered by a blanket encumbrance.
- The variety of financing products available as individual tenant in common loans remains limited, and the terms are generally less favorable than either apartment building loans or condominium loans. The maximum fixed-rate period seems to be seven years, and there is generally a balloon payment at 10 or 15 years. Rates tend to be 25 to 50 basis points above commercial (5+ unit) apartment building loans, and 50-100 basis points above residential (1-4 unit) loans. Loan-to-value allowances vary, but seem to top out at 75-80%, and even that figure can be misleadingly optimistic in light of the appraisal difficulties (described below). Secondary financing is generally permitted, and the realities of the marketplace usually require the seller to carry financing for most buyers. Underwriting guidelines are more strict than on residential loans, and buyers who might qualify for a condo loan sometimes cannot qualify for an individual tenancy in common loan. Many lenders also impose additional requirements such as owner-occupancy, and/or that one lender make all of the institutional loans in the building.
- Valuation: The variety of financing products available as individual tenant in common loans remains limited, and the terms are generally less favorable than either apartment building loans or condominium loans. The maximum fixed-rate period seems to be seven years, and there is generally a balloon payment at 10 or 15 years. Rates tend to be 25 to 50 basis points above commercial (5+ unit) apartment building loans, and 50-100 basis points above residential (1-4 unit) loans. Loan-to-value allowances vary, but seem to top out at 75-80%, and even that figure can be misleadingly optimistic in light of the appraisal difficulties. Secondary financing is generally permitted, and the realities of the marketplace usually require the seller to carry financing for most buyers. Underwriting guidelines are more strict than on residential loans, and buyers who might qualify for a condo loan sometimes cannot qualify for an individual tenancy in common loan. Many lenders also impose additional requirements such as owner-occupancy, and/or that one lender make all of the institutional loans in the building.
- The CA rules seem to have many rules related to financing such as seller must include appraisal, no balloon payments before 10 years, etc. definitely need to have lawyer look at it.
Risks/additional hurdles
- On the practical side, the absence of deeded rights makes tenancy in common ownership considerably more risky than condominium ownership, even where the TIC owners have separate financing. The increased risk is generated by the fact that the owners are relying on the validity of the tenancy in common Agreement for their usage rights, and it is possible to imagine legal circumstances under which this validity might be undermined.
- If the subdivider or someone with relationship to subdivider sells, a public report must be done. How much work is a public report?
Links/references
- https://www.canva.com/design/DAFHd-6ryQ8/_T6h0Y9jV0zIEADl6bq...
- https://therentalgirl.com/tic
https://andysirkin.com/tenancy-in-common-tic/operating-and-m...
- https://www.stonesalluslaw.com/tenancy-in-common-in-californ...
- https://www.investopedia.com/terms/t/tenancy_in_common.asp
- https://www.rocketmortgage.com/learn/tenancy-in-common
- https://www.allcalifornia.com/tenancy-in-common
- https://andysirkin.com/tenancy-in-common-tic/guidance-for-se...
- https://www.dre.ca.gov/files/pdf/tic_guidelines.pdf
by the way I received a lawyer referral who is supposedly familiar with tic in California. Andy Sirkin, based in San Francisco but supposedly has done some in Las Angeles. Seeing I have not done a tic, I have not used this lawyer myself but I suspect CA lawyers with TIC experience is likely limited.
Good luck