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HomeMy WebLinkAboutagenda.council.worksession.20090414MEETING AGENDA Apri114, 2009 4 PM Council Chambers QUARTERLY JOINT WORK SESSION OF CITY COUNCIL & BOCC 4:00 Joint Executive Session 4:30 Housing Frontiers Group Report 5:30 Housing Guidelines Discussion 6:00 Adjourn (City Council to convene work session with Historic Preservation Task Force) MEMORANDUM TO: Mayor and Council Board of County Commissioners FROM : Tom McCabe THRU: Barry Crook DATE: April 14, 2009 RE: GUIDELINE CHANGES AND RECOMMENDATIONS APPROVED BY THE HOUSING BOARD BROUGHT FORWARD BY HOUSING FRONTIERS GROUP SUMMARY: The Housing Board approved a policy change late last yeaz that it is forwazding to you for consideration and, hopefully, adoption by the City Council and the BOCC. The Housing Frontier Group has also met with the Board over the last couple of months and those proposals are also being brought forward for discussion and approval. GUIDELINE CHANGE REQUEST: We would like to take this opportunity to ask both the BOCC and City Council to approve the following Guideline changes. If both City Council and BOCC endorse the changes, APCHA will bring them to each entity for final approval. • LISCOIIIIIIUm iw ww » ..,. »-~ ~- --- --__ ____ _ com lex: This request affects certain sections of the City Land Use Code and also the ability for an owner in Pitkin County to "buy" out of their employee housing obligation. The City Land Use Code's off-site mitigation option, however, requires APCHA approval of the unit. In order for APCHA to accept a unit in afree-market complex, the applicant would be required to have that specific homeowner's association change their assessment arrangement for this specific unit. The likelihood of this happening is very remote. The current requirement for any newly deed-restricted mixed project requires special assessments to be proportioned based on the valuation of the free-market units versus the deed-restricted units. The Housing Boazd is asking approval to purchase the units listed below upon resale, release the deed restriction, and sell the property as a free- mazket unit. The funds would be added to the 150 fund (if in the City) or the County Housing Fund if in the County. The affected properties are as follows: Alpine Grove Aspen West Little Victorian Park Avenue Townhome Park Circle 420B Pacific Avenue, AABC 104 West Cooper Avenue #5 634 West Main #2 170 Park Avenue #B 425 Park Circle A-1 Page 1 Sagewood Condominium 910 West Hallam #11 Shadow Condominium 605 West Main #OOA Villas at Elk Run 7202 Elk Lane & 8208 Elk Run, Basalt Water View 301 Water View Winfield Arms 119 East Cooper #1 Currently, the Housing Boazd has helped owners of these units in their special assessments and has spent over $16,426, with the potential of another $85,000 hit for an addition that is being proposed for the entire building at Aspen West. APCHA's ability to continue this program is very limited. City Council and the BOCC believed that having a mix of affordable housing and free mazket would make for a more diverse community and that lights would always be on in a specific neighborhood. No one foresaw what the ramifications would be for the homeowner of the deed-restricted units. The current regulations control the special assessment change to the deed-restricted owner by the difference between current values of the deed-restricted unit versus the free-market unit. Staff, with the approval from the Housing Boazd, is requesting that these units be bought at the time of resale and sold as free-mazket units with the proceeds reallocated to the City or County. REQUESTS APPROVED BY HOUSING BOARD FROM HOUSING FRONTIER GROUP: • Capital Improvement Policv: The Guidelines define a capital improvement as "any fixture erected as a permanent improvement to real property excluding repair, replacement, and maintenance costs." A capital improvement adds to the valuation of a property and is not regazded as a repair or maintenance item. A capital improvement should not be mistaken as a capital reserve. Capital Reserves will be addressed later in this memo. The Housing Frontier Group recommended two capital improvement policies -one for condominiums and one for single-family homes. The Housing Boazd approved the recommendations that are shown in Attachment A. In summarizing the requested changes and/or additions, the major change in the policy is to be able to add an additional percentage of allowed capital improvements for each year over the l0a' yeaz that someone owns their home. If an owner has owned their home for 15 years, they would get up to 15% of capital improvements. If an owner does something to the unit that is due to health and safety, energy efficiency, water conservation or something to do with green building products, this cost is exempt from the percentage cap; however, all capital improvements will depreciate over time. Attachment A deals with capital improvements on condominiums and townhomes and Attachment B deals with capital improvements on free-standing single-family homes. Page 2 • Six-month Rentals for Retirees: The' current policy allows for an owner to retire (currently at the age 65) and remain in their unit. All owners are currently required to live in their unit for nin^months each year, and this includes retirees. ,.. In order to maximize the availability of our deed-restricted resource, the Housing Board, with a recommendation by the Housing Frontier Group, is recommending that a retired owner of adeed-restricted unit be allowed to vacate and rent their home for up to six months (less one day) to a qualified employee. The owner would still be required to maintain the home as their principal residence as defined by the IRS, is a registered voter in Pitkin County, and live in their unit six months and one day out of each year. The retiree would be required to request a Leave of Absence during that period of time by completing the appropriate paperwork and obtaining their homeowner association approval. The rent that can be charged based on all other Leave of Absence requests. Attachment C is a sample of the policy that would be incorporated into the Guidelines. • Buydown/'1'radedown Policy: The Housing Frontier Group studied the trade-down concept. As the housing program has matured, it is appazent that many employees in APCHA deed-restricted housing have had changes in the original criteria under which they qualified for housing. Some of these changes are, but are not limited to, the following: marital status, dependents living at home and employment status. These changes may result in needs for a larger or smaller unit. At present, the APCHA guidelines do not address, nor did the guidelines anticipate the impact of these life changes in the housing program. The Housing Frontier Group members decided to survey owners of APCHA deed-restricted housing to determine the interest in a trade- down program. The survey was sent to more than 900 owners and there were more than 200 responses. Approximately 20% of the respondents indicated an interest in the trade- down plan with appropriate incentives. A copy of the survey and accompanying letter is attached as Attachments C and D. Using the information from the survey, the Housing Frontier Group began work to incentivize the basics of a trade-down program: • No requalification requirements. • Ability to downsize to a studio, one- ortwo-bedroom from atwo-, three- or four- bedroom unit. • Possible monetary incentive to downsize. • Difference in number of bedrooms (i.e., certain amount for a bedroom; double if downsize by 2 bedrooms). • Consideration for length of time in unit. • Increase in capital improvement credit. Page 3 determine if deed-restricted housing owners have a working knowledge of their association's Capital Reserve Plan and its funding levels (survey is attached as Attachment H). The survey was mailed the first part of March. There were 109 respondents representing 42 out of 84 homeowner associations. What was derived from the survey is that most homeowners do not know if they have a Capital Reserve Plan - whether written or not. In addition it appears that Capital Reserve Funds aze minimal in most associations. Over half responded that they would be interested in a seminar on capital reserve plans. Develop and Present a Short Training Seminar: The results of the survey reflected the low awareness of Capital Reserve programs, consistent with the original poll. The Housing Frontier Group recommends presenting a short seminaz designed for the purpose of offering Capital Reserve information to current and future affordable housing owners. Time: Eazly June Venue: Council Chambers; Wheeler Opera House; donated Conference Room Topics:Capital Reserves, CCIOA, history of Aspen's affordable Housing Program; difference between condominium and free-standing homes Presenters: Recommendations from Colorado Hotel and Lodging Association and/or expert from Association Reserves, Inc., Alpine Legal Aid, local contractors Cost: TBD (hopefully free to attendees through sponsorships and underwriting) The Housing Boazd directed the Housing Frontier Group to work on this training seminar. After further discussion by the Housing Frontier Group, the training session will be scheduled for eazly June. If the seminaz proves to be well-received and informative, the Housing Frontier Group recommended that it be incorporated as an educational tool for current and future deed-restricted housing applicants. This educational program could become a requirement of the affordable housing application process or an incentive through additional weighting in the lottery. The Housing Frontier Committee members believe that education for current and future owners of deed-restricted housing is an integral part of understanding the responsibilities involved with ownership. • Revision of Puraose/Mission Statement: There is a potential for current and future retirees to sell their free-market units and enter into the deed-restricted mazket. This is inconsistent with the purpose of the housing program and would result in the loss of housing to residents who aze already retired. A change in the Purpose/Mission Statement, along with defining qualified employees, was recommended. Currently, the purpose/mission statement is as follows: Page 5 "To assure the existence of a supply of desirable housing for persons currently employed in Pitkin County, persons who were employed in Pitkin County prior to retirement, the handicapped, and other qualified persons of Pitkin County as defined herein." -Aspen/Pitkin County Housing Authority's Goal - (OriginallyAdopted 1983) The Housing Frontier Group is recommending a slight change to the purpose/mission statement, along with the definition of a qualified employee for the housing program: "To assure the existence of a supply of desirable housing for persons currently employed in Pitkin County, maintain housing for those persons in deed-restricted housing who retired as defined herein, and other qualified persons of Pitkin County as defined herein." - AspenlPitkin County Housing Authority's Goal - (Amended and Adopted 2009) This would also affect two other sections -defining qualifications under the Rental and Sales section of the Guidelines. Currently, the sections are as follows: Be a full-time employee working in Pitkin County for an employer whose business address is located within Aspen or Pitkin County, whose business employs employees within Pitkin County, whose business license is in Aspen or Pitkin County, and/or the business taxes aze paid in Aspen or Pitkin County (if an employer is not physically based in Pitkin County, an employee must be able to verify that they physically work in Pitkin County a minimum of 1500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County); or a retired person who has been afull-time employee in Pitkin County a minimum of four yeazs immediately prior to his or her retirement (as further defined in the Definition section); or a handicapped person residing in Pitkin County who has been afull-time employee for a Pitkin County employer a minimum of four yeazs immediately prior to their disability as defined in these Guidelines; or in the event of the qualified employee's death, the spouse of any such employee, retired person, or handicapped person; and/or a dependent living with that qualified employee, retired person or handicapped person. In a two- person household of two adults only (no dependents as defined in the Guidelines), both adults must be working in Pitkin County to qualify for an additional bedroom. The Housing Frontier Group recommended, and the Housing Board approved, the following change: Page 6 Be a full-time employee working in Pitkin County for an employer whose business address is located within Aspen or Pitkin County, whose business employs employees within Pitkin County, whose business license is in Aspen or Pitkin County, and/or the business taxes are paid in Aspen or Pitkin County (if an employer is not physically based in Pitkin County, an employee must be able to verify that they physically work in Pitkin County a minimum of 1500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County); or a retired person who has been afull-time employee in Pitkin County a minimum of four yeazs immediately prior to his or her retirement (as further defined in the Definition section) and who, at the time of an application for approval as a qualified retired person, occupies deed restricted housing subject to administration by APCHA as a qualified employee whose qualifications were approved by APCHA prior to such occupancy; or a handicapped person residing in Pitkin County who has been afull-time employee for a Pitkin County employer a minimum of four yeazs immediately prior to their disability as defined in these Guidelines; or in the event of the qualified employee's death, the spouse of any such employee, retired person, or handicapped person; and/or a dependent living with that qualified employee, retired person or handicapped person. In a two- person household of two adults only (no dependents as defined in the Guidelines), both adults must be working in Pitkin County to qualify for an additional bedroom. RECOMMENDATION: Staff is requesting that City Council and the BOCC approve the following: 1. Approve the buy-out of the deed-restricted units in free-market complexes. 2. Approve a test program for the trade-down policy. 3. Approve organizing a short seminaz for homeowners covering subjects such as developing a Capital Reserve Plan, Colorado Common Interest Ownership Act (CCIOA), history of Aspen affordable housing, etc. 4. Approve the revised capital improvement policy. 5. Approve the ability for retirees who own deed-restricted housing to rent their home up to six months per year to qualified renters. 6. Approve the recommended changes in the Purpose/Mission Statement as to the definition of a qualified employee for purchasing or renting all of deed-restricted housing. Attachments: A Capital Improvement Policy for Condominiums B Capital Improvement Policy for Single-Family Homes C Section 12, Rental Policy for Qualified Retirees D Copy of Trade-Down Survey Letter E Copy of Trade-Down Survey F Copy of Capital Reserve Survey G Example of Trade-Down from One-Bedroom to Moving Out of the Program H Example of Trade-Down from Two-Bedroom to One-Bedroom I Example of Trade-Down from Three-Bedroom to Moving Out of the Program Page 7 ATTACHMENT A SECTION 10 CONDOMINIUM INTERIOR CAPITAL IMPROVEMENT POLICY AND CONDOMINIUM MINIMUM STANDARDS TO RECEIVE FULL VALUE AT TIME OF RESALE Interior Capital improvements and upkeep on deed-restricted Condominiums are necessary to enhance the longevity of the affordable housing Condominium. A maximum sales price will be affected, either higher or lower, relating to the condition of the Condominium and whether the Condominium meets the minimum standard criteria. Any owner wishing to utilize this capital improvement policy will be required to enter into the deed restriction currently in place with the Aspen Pitkin County Housing Authority. The owner of a condominium, under law, owns only the air space of that unit as well as an ownership share of the general and limited common elements, as determined by the declarations of each condominium association. Condominium units built after Janu 1 2004 and Re-Sale Condominiums: An owner will be required to maintain a minimum standazd for the Condominium purchased. See Table I, Minimum Standards for Seller to Receive Full Value. Prior to any sale of a Condominium, the Housing Office Staff will determine a maximum sales price. The APCHA Sales Manager shall conduct an inspection and provide a list to the Seller of interior items to be repaired prior to closing to receive full value. The seller will provide to the Housing Office an up-to-date financial statement from the HOA. The managing agent for the condominium association will provide a capital reserve report and or study as to the condition of any common elements, such as roofing, siding, heating and plumbing systems and as to any mechanisms in place for the funding of such repairs. The Buyer also has the right to pay for a formal inspection of the Condominium during the inspection period stated in the Sales Contract. If said inspection reflects items not met on the Minimum Standards jor Seller to Receive Full Value table and/or other safety items, the Seller shall be required to remedy those items. If the Condominium meets the standard criteria, the Condominium shall be sold for an amount ("Maximum Resale Price") in excess of the lesser of the purchase price: Plus an increase of three percent (3%) of such price per year from the date of purchase to the date of Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part of a year); OR An amount based upon the Consumer Price Index (All Items, U.S. City Average, Urban Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on the Settlement Statement, multiplied by the Consumer Price Index current at the date of intent to sell; • Plus any approved interior capital improvements. Homeowners Reauestine the Abiliri to Use the Interior Capital Imnrovemeut Policy Defined in Section 10: If an owner requests to utthze the new mtenor capttal Improvement policy, such owner shall be required to enter into a new, updated deed restriction. The advantages of the new deed restriction vary according to the cturent deed restriction. The Buyer should contact the Housing Office for a comparison of their current deed restriction to the new deed restriction. Approved capital improvements can be added to the maximum resale price. Capital improvements will be allowed as follows: • An owner will be allowed a 10% capital improvement allowance during the first 10 years of ownership. • From 10 to 20 years, the owner has the ability to recoup another 10% of approved capital improvements based on the current value as long as the owner has completed the Current va[ua8on in Determining Ct+PUallmprovement Percentage form, Exhibit A. • During the time period from 10 to 20 yeazs, the owner can recoup an additional percent for each year of ownership; i.e., in the 13`s yeaz of ownership, the owner can receive an additional 13% of approved capital improvements based on the current value at that time as long as the Current valuation in Determining Capita! Improvements Percentage form, Exhibit A, has been completed. • Capital improvements will be depreciated as applicable. • Certain capital improvements will not be counted in the 10% allowance; however, each capital improvement will depreciate according to the depreciation schedule stated in an approved handbook. The current source is the Marshall Swift Residential Handbook. Any approved capital improvements associated with health and safety, energy efficiency, water conservation, and green building products will be exempt from the capital improvement cap; however, such capital improvements shall be depreciated according to the depreciation schedule stated in an approved handbook. Any improvement to bring the unit up to the Aspen Affordable Housing Building Guidelines will also be allowed as part of the 10% cap. An owner should check with the Housing Office prior to starting the improvement to verify that the cost can be recouped. EXAMPLE: An affordable housing unit is purchased for $100,000 on July 1, 1985. During the fast 10 years of ownership, the owner is allowed $10,000 of `permiaed capita! improvements," which the owner insta[Ls additional storage in the kitchen. Upon reaching Juty 1, 2005, the owner is allowed another $10,000 capital improvement allowance, but only spends half of this by fmishing a storage area and new closet area In January, 1006, the owner decides to sell the unit The owner would recoup the appreciated value of the $100,000 along with the depreciated value of capita! improvements worth $15,000. It will be up to the homeowner to maintain the interior of the unit in good condition. This would include, but not be limited to, the boiler, water heater, and appliances. Permitted Interior Capital Improvements The term "Permitted Interior Capital Improvement" as used in the Agreement shall only include the following: a. /mprovements associated with health and sajery, energy efficiency, water conservation, and green building products. b. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; c. Improvements for the benefit of seniors and/or handicapped persons; and d. Improvements to finish unfinished space; 2. Permitted Interior Capital Improvements, as used in this Agreement, shall N~Z' include the following: a. Jacuzzi tubs, saunas, steam showers and other similar items; b. Upgrades or addition of decorative items, including lights, window treatments, carpets, interior painting and other similar items. c. Upgrades of appliances, plumbing and mechanical fixtures and other similar items included as part of the original construction of a Condominium and/or improvements required to repair and maintain existing 2 fixtures, appliances, plumbing and mechanical fixtures and other similar items, unless replacement is energy efficient or for safety and health reasons. 3. All Permitted Interior Capital Improvement items and documented costs (i.e., receipts, invoices, cancelled checks) shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. In order to get credit for an improvement where a building permit is requred, the improvement will not be counted unless copies of the building permits and Letter of Completion from the Building Department aze included with the receipts. All receipts MUST contain the address of the unit in question. A site visit by the Housing sales staffwill also be required. Examples of Energy Efficient Cap&allmpravements: Energy Star Refrigerator Energy Star Dishwasher Additional insulation ofpipes, walls, etc. 77rermal pane windows Storm doors Low water usage toilets Energy Star Hot Water Heater Adding solar panels where opowable Programmable thermostats Dimmer swhches MINIMUM STANDARDS FOR SELLER TO RECEIVE FULL VALUE • Clean Condominium • Carpets steam-cleaned two or three days prior to closing • All scratches, holes, burned marks repaired in hardwood floors, linoleum, tile, countertops etc. • No broken or foggy windows • All screens in windows and in good condition (if screens were originally provided) • All doors will be in working order with no holes • All locks on doors will work • All keys will be provided; e.g., door, mail box, garage • All mechanical systems shall be in working order • Walls paint ready • Normal wear and tear on carpet; if carpet has holes, stains, etc., the carpet and padding shall be replaced or escrow funds at current market value per square foot for a comparable product shall be held at the time of closing to be used by the new buyer No leaks from plumbing fixtures • No roof leaks • Any safety hazard remedied prior to closing • Satisfaction of radon issue if found at time of inspection • All Tight fixtures shall be in working order • Functioning Carbon Monoxide Detector in Required Locations DEFINITIONS: Clean Condominium: All rooms will be cleaned as stated below: Kitchen: • Range -Inner and outer services will be cleaned. • Range hood and Exhaust Fan • Refrigerator and Freezer -Inner and outer surfaces of refrigerator and freezer will be clean. Freezer will be defrosted. • Cabinets and Countertops -Exterior and interior surfaces of cabinets and drawers will be clean. Door and drawer handles, if provided, shall be clean and in place. • Sink and Garbage Disposal -Sink and plumbing fixtures will be clean. If garbage disposal provided, this must be in working order. • Dishwasher - If provided, must be in working order and inner and outer surfaces shall be clean. • Blinds, Windows. Screens • Mini-blinds, Venetian Blinds, Vertical Blinds, and Pull Shades -Will be clean. • Windows -All window surfaces, inside and outside of the window glass, shall be clean. • Screens -Screens will be clean and in place with no holes or tears. • Closets: Closets, including floors, walls, hanger rod, shelves and doors, shall be clean, in working order and in place. • Light Fixtures: Light fixtures will be clean and shall have functioning bulbs/florescent tubes. • Bathrooms: • Bathtub, Shower Walls, Sinks -Bathtubs, shower walls and sinks shall be clean. • Toilet and Water Closet -Water closets, toilet bowls and toilet seats will be clean. If the toilet seat is broken or peeling, the seat shall be replaced. • Tile - All the and grout will be clean. • Mirrors and Medicine Cabinets -Mirrors and medicine cabinets shall be cleaned inside and out. Shelves and/or Other Cabinetry -All other shelving or cabinetry shall be cleaned inside and out. • Walls. Ceilings Painted Doors and Baseboards: Painted surfaces must be cleaned with care to ensure the surface is clean without damaging the paint. • Floors: Floor cleaning includes sweeping and mopping and could include stripping, waxing and buffing. Types of floor surfaces include wood, wood parquet tiles, linoleum, asphalt tile, vinyl tile, mosaic tile, concrete and carpet. If carpet, all carpets shall be steam cleaned at least two days prior to closing. • Interior Stora e/Utility Rooms: Storage/utility rooms shall be cleaned. Properly cleaned storage/utility rooms will be free from odors, removable stains, grease marks or accumulations. • Mechanical Systems: Heating systems, hot water heaters, etc., shall be in working order. If filters need to be replaced or repaired, this will be done prior to closing. 4 Safety Hazard: Any item that provides a safety hazard shall be fixed. This would include, but is not limited to, exposed electrical wiring, satisfaction of any radon issue found, ventilation for gas hot water system, etc. Walls Paint-Readv: A[1 holes shall be patched; all posters, pictures, etc., shall be removed from all walls; all nails, tacks, tape, etc., shall be removed from all walls; and all walls shall be clean and ready for the new buyer to paint If wallpaper has been placed on the wall and in good condition, the wallpaper can remain; if the wallpaper is peeling off, the wallpaper must be removed Windows: If a window is broken, including the locking mechanism, the window shall be replaced If the window has a fog residue in the inside, it shall be replaced EXHIBIT "A" Current Valuation in Determining Capital Improvement Percentage Today's Date: Owner's Name: Address of Unit: Current Valuation: Current % of Capital Improvement: Approved By (APCHA): After completion, place in Owner's File 5 ATTACHMENT B SECTION 11 SINGLE-FAMILY HOME CAPITAL IMPROVEMENT POLICY AND MINIMUM STANDARDS TO RECEIVE FULL VALUE AT TIME OF RESALE Capital improvements and upkeep on deed-restricted units are necessary to enhance the longevity of the affordable housing unit. A maximum sales price will be affected, either higher or lower, depending on the condition of the unit and whether the unit meets the minimum standard criteria. Any owner wishing to utilize the new capital improvement policy will be required to enter into the deed restriction that is currently being used at the time of the request. Units Built Afrer January 1, 2004 and Re-Sale Units: An owner will be required to maintain a minimum standard for the unit purchased. See Table 1, Minimum Standards for Seller to Receive Full Value. Prior to any sale of a unit, the Housing Office Staff will determine a maximum sales price. The APCHA Sales Manager shall conduct an inspection and will provide a list to the Seller with the items that will need to be done PRIOR to closing to receive full value. The Buyer also has the right to pay for a formal inspection of the unit duritig the inspection period stated in the Sales Contract. If said inspection reflects items not met on the Minimum Standards for Seller to Receive Full value table and/or other safety items, the Seller shall be required to remedy those items. If the unit meets the standard criteria, the Property or Unit shall be sold for an amount ("Maximum Resale Price") in excess of the lesser of the purchase price: Plus an increase of three percent (3%) of such price per yeaz from the date of purchase to the date of Owner's notice of intent to sel I (prorated at the rate of .25 percent for each whole month for any part of a yeaz); OR An amount based upon the Consumer Price Index (All Items, U.S. City Average, Urban Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on the Settlement Statement, multiplied by the Consumer Price Index current at the date of intent to sell; Plus any approved capital improvements. Homeowners Reuuestine the Ability to Use this Capital Improvement Policv: If an owner requests to utiltze the new capttal Improvement policy, such owner shall be required to enter into a new, updated deed restriction. Approved capital improvements can be added to the maximum resale price. Capital improvements will be allowed as follows: • An owner will be allowed a ]0% capital improvement allowance during the first 10 years of ownership. From 10 to 20 years, the owner has the ability to recoup another 10% of approved capital improvements based on the current value as long as the owner has completed the Current Valuation in Determining Capital Improvement Percentage form, Exhibit B. • During the time period from 10 to 20 years, the owner can recoup an additional percent for each year of ownership; i.e., in the 13`s year of ownership, the owner can receive an additional 13% 6 capital improvements based on the cttrrent value at that time as long as the Current Valuation in Determining Capital Improvements Percentage form, Exhibit B, has been completed. • Capital improvements will be depreciated as applicable. • Certain capital improvements will not be counted in the 10% allowance; however, each capital improvement will depreciate according to the depreciation schedule stated in an approved handbook. The current source is the Mazshall Swift Residential Handbook. Any approved capital improvements associated with health and safety, energy efficiency, water conservation, and green building products will be exempt from the capital improvement cap; however, such capital improvements shall be depreciated according to the depreciation schedule stated in an approved handbook. Any improvement to bring the unit up to the Aspen AJ,rordable Housing Building Gtudelines will also be allowed as part of the 10% cap. An owner should check with the Housing Office prior to starting the improvement to verify that the cost can be recouped. It will be up to the homeowner to maintain the unit in good condition. This would include, but not be limited to, the condition of the roof, boiler and water heater, and appliances. Permitted Capital Improvements The term "Permitted Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; c. Improvements for the benefit of seniors and/or handicapped persons; d. Improvements for health and safety protection devices (including radon); e. Improvements to add and/or finish permanenUfixed storage space; f Improvements to finish unfinished space; g. Landscaping; h. The cost of adding decks and balconies, and any extension thereto; and/or i. Improvements associated with health and safety, energy efficiency, water conservation, and green budding products. 2. Permitted Capital Improvements as used in this Ageement shall NAT include the following: a. Jacuuis, saunas, steam showers and other similar items; b. Upgrades or addition of decorative items, including lights, window treatments and other similar items. c. Upgrades of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of a unit and/or improvements required to repair and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, and other similar items, unless replacement is energy efficient or for safety and health reasons. 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. In order to get credit for an improvement where a building permit is requved, the improvement will not be counted unless copies of the building permits and Letter of Completion from the Building Department are included with the receipts. All receipts MUST contain the address of the unit in question. A site visit by the Housing sales staff will also be required. EXAMPLE: An affordable housing unit is purchased jor 5100,000 on July 1, 1985. During the first 10 years of ownership, the owner Is allowed 510,000 of "permhted capital improvements," which the owner installs additional storage !n the kitchen. Upon reaching July 1, 2005, the owner is allowed another $]0,000 capital improvement allowance, but only spends haljof this by Jlnishing a storage area and new closet area /n January, 2006, the owner decides to sell the unit The owner would recoup the appreciated value ojthe $100,000 along with the depreciated value of capital improvements worth $15,000. MINIMUM STANDARDS FOR SELLER TO RECEIVE FULL YAL UE • Clean unit • Carpets steam-cleaned two or three days prior to closing • All scratches, holes, burned marks repaired in hardwood floors, linoleum, tile, counter tops etc. • No broken or foggy windows • All screens in windows and in good condition (if screens were originally provided) • All doors will be in working order with no holes • All locks on doors will work • All keys will be provided; e.g., door, mail box, garage • All mechanical systems shall be in working order • Walls paint ready • Normal wear and tear on carpet; if carpet has holes, stains, etc., the carpet and padding shall be replaced or escrow funds at current mazket value per square foot for a comparable product shall be held at the time of closing to be used by the new buyer • No leaks from plumbing fixtures • No roof leaks • Any safety hazard remedied prior to closing • Satisfaction of radon issue if found at time of inspection • All light fixtures shall be in working order • Functioning Carbon Monoxide Detector in Required Locations DEFINITIONS: Clean Unit: All rooms will be cleaned as stated below Kitchen: • Range -Inner and outer services will be cleaned. • Range hood and Exhaust Fan • Refrigerator and Freezer -Inner and outer surfaces of refrigerator and freezer will be clean. Freezer will be defrosted. • Cabinets and Countertops -Exterior and interior surfaces of cabinets and drawers will be clean. Door and drawer handles, if provided, shall be clean and in place. • Sink and Garbage Disposal -Sink and plumbing fixtures will be clean. If garbage disposal provided when owner purchased the unit, this must be in working order. • Dishwasher - If provided when owner purchased the unit, must be in working order and inner and outer surfaces shall be clean. Blinds, Windows Screens• • Mini-blinds, Venetian Blinds, Vertical Blinds, and Pull Shades -Will be clean. • Windows -All window surfaces, inside and outside of the window glass, shall be clean. • Screens -Screens will be clean and in place with no holes or tears. • Closets: Closets, including floors, walls, hanger rod, shelves and doors, shall be clean. Licht Fixtures: Light fixtures will be clean and shall have functioning bulbs/florescent tubes. Bathrooms: Bathtub, Shower Walls, Sinks -Bathtubs, shower walls and sinks shall be clean. Toilet and Water Closet -Water closets, toilet bowls and toilet seats will be clean. ]f the toilet seat is broken or peeling, the seat shall be replaced. Tile -All the and gout will be clean. Mirrors and Medicine Cabinets -Mirrors and medicine cabinets shall be cleaned inside and out. Shelves and/or Other Cabinetry -All other shelving or cabinetry shall be cleaned inside and out. Walls Ceilings Painted Doors and Baseboards: Painted surfaces must be cleaned with care to ensure the surface is clean without damaging the paint. • Floors: Floor cleaning includes sweeping and mopping and could include stripping, waxing and buffing. Types of floor surfaces include wood, wood parquet tiles, linoleum, asphalt tile, vinyl tile, mosaic tile, concrete and carpet. If carpet, all carpets shall be steam cleaned at least two days prior to closing. Interior Stora¢e/Utility Rooms: Storage/utility rooms shall be cleaned. Properly cleaned storage/utility rooms will be free from odors, removable stains, grease marks or accumulations. Doorbel : If existing, shall be in working order. Exterior Walls: Repair of any peeling paint, cracked or loose mortar joints, oxidized sheet metal, frame lines out ojplumb, loose or decaying wood siding, loose ornamentation, exposed reinforcing bar at joints or in footings, unprotected or deteriorating steel framing, brick that needs painting or pointing, inoperable windows or clerestory sashes, broken or rusted screens, sticking doors, inoperable hardware. Fences: If existing, must be in good shape. Garage Doors/Garaee Door Openers: Where existing, mast be in working order; garage door must be in good condition. Gutters: Where existing, gutters to be working properly and in good condition. Roof.• There shall be no evidence of leakage, oxidized roof metal, shingles or tiles missing or split, punctures, tears, shrinkage, splitting, blistering or embrittlement of coating, missing flashing, stained interior ceilings, sagging or decaying roof structure, cracked laminated trusses, tie rods to strengthen bottom chords of timber trusses, damaged truss bracing, plugged roof drains, evidence ojstanding water, vibration from mechanical equipment, damaged insuhrtion. Safety Hazard: Any item that provides a safety hazazd shall be fixed. This would include, but is not limited to, exposed electrical wiring, satisfaction of any radon issue found, ventilation for gas hot water system, etc. Septic System: Where existing, must in viable condition. Walls Paint-Ready: All holes shall be patched; all posters, pictures, etc., shall be removed from all walls; all nails, tacks, tape, etc, shall be removed from all wa[is; and all walls shall be clean and ready for the 9 new buyer to paint If wallpaper has been placed on the wall and in good condUion, the wallpaper can remain; ifthe wallpaper is peeling off, the wallpaper must be removed Walkwavs/Drivewa~: Repair ofmajor cracks in walkways and driveways. Windows: If a window is broken, including the locking mechanism, the window shall be replaced If the window has a fog residue in the inside, it shall be replaced EXHIBIT `B" Current Valuation in Determining Capital improvement Percentage Today's Date: Owner's Name: Address of Unit: Current !~a/uation: Current % of Capitallmprovement: Approved By (APCHA): After completion, place in Owner's File 10 ATTACHMENT C SECTION 12 RENTAL POLICY FOR QUALIFIED RETIItEES An owner of adeed-restricted unit who has retired consistent with the definition of retirement in the Guidelines, may apply at the APCHA to rent their unit for up to six months, with three- month minimums (less one day in order to maintain the unit as their principal residence) out of each calendar year. To obtain the benefits of this APCHA program the owner and prospective tenant must complete the following: The owner must complete a leave of absence form at the APCHA. The owner and tenant must complete and sign a lease agreement to the satisfaction of the APCHA. The owners Homeowner Association (if applicable) shall be notified of the rental and tenant information. The owner must continue to list the APCHA deed restricted unit as their primary place of residence as evidenced by filing a Colorado Income Tax Return at that address. The owner shall provide proof of adequate owners insurance covering the period of the lease. The owner must designate a responsible person or entity to act on the owners behalf should that become necessary. The owner has the right to choose the qualified tenant; however, if the owner works through an employer, the employer shall pay an additional surcharge to the owner of $_ per month, which cannot be passed on to the tenant. The tenant must work for 750 hours during the six month lease period. The tenant must complete a rental application at the APCHA. For the purpose of this program neither the minimum occupancy nor the category requirements in the APCHA Guidelines will apply. The permitted rental rate, and security deposit will be determined by the APCHA and recorded in the lease. This procedure must be followed for each new six month lease. 11 ATTACHMENT D September 25, 2008 Dear Fellow Employee Housing Owners and Residents: The Aspen/Pitkin County Housing Authority has asked us to serve on a task force to review various aspects of the employee housing program. Four members of the committee own employee housing units in various projects and in various categories and are intimately aware of the importance of the housing program, while others are interested citizens with innovative concepts. In order to obtain a better perspective of needed improvements in the housing program, we would ask your support in participating in several short surveys. The surveys will be brief and to the point, we hope, and can be filled out on line or returned by mail, should you wish anonymity. The first survey concerns the concept of "Trade Down", i.e. an owner of a three- or four-bedroom employee unit moving to a one- or two-bedroom employee unit. There are four survey questions and a space for open ideas. We thank you for your participation and look forward to your ideas so the recommendations we submit to the City Council and Board of County Commissioners will have as much value as possible. Please complete the survey on the backside of this letter and return by October 15, 2008 to the Housing Office, 530 East Main, Lower Level, Aspen, Colorado 81611, by mail or by dropping it by. Committee Members Pamela Cunningham Sara Garton Jackie Kasabach Andrew Kole Peter Louras Phylis Mattice Tum Page Over for Survey 12 ATTACHMENT E SURVEY #1-Affordable Housing Trade Down Ideas This survey has been developed by the Housing Frontier Group and assembled for the specific purpose of developing new affordable housing opportunities. 1. Do you currently live in an affordable housing: Studio 3-Bedroom 1-Bedroom Single-Family Home 2-Bedroom 2. Would you be willing to move to a smaller unit if there were no restrictions; i.e., income, assets, no lottery? Yes No a. If yes, what size would you consider: Studio 2-Bedroom 1-Bedroom 2-Bedroom b. If yes, when would you consider the move As soon as possible 1 to 3 years 3 + yeazs c. If no, would you consider if (check all that would apply) ... Incentives -cash Location New unit Parking Fully upgraded unit Extra Storage Single-Family Home Still No Certain amenities (please list): 3. Would you be willing to sell your unit outright at its existing value plus a cash bonus: Yes _ No If yes, when would you consider the move: Within l year _ Within 2 years More than 3 years 4. If you were a qualified retiree and the time required for you to be in your unit was reduced from nine months to six months, would you rent your unit out the remaining time to a qualified employee? Yes No Any other thoughts you would like to express about the affordable housing program in this survey? If you would prefer to take surveys on the Internet or through a-mail? [f yes, please provide a-mail address. YOUR RESPONSE IS NEEDED! Please respona oy vctuoer ~~, 2008 Please Return to APCHA, 530 East Main, Lower Level, Aspen, CO 81611 by mail or drop it by our office Single-Family Home Same Project _ Pets allowed 13 ATTACHMENT F To: Owners of Affordable Housing Units From: Housing Frontier Group Pam Cunningham Andrew Kole Sara Garton Peter Louras Jackie Kasabach Phylis Mattice Date: February 24, 2009 Re: SURVEY #2 -Capital Reserves We would like to thank those of you who responded to the recent survey on "Trade Downs". The information you provided was well received by APCHA and is being used to create atrade-down program to be presented to the APCHA Board. We ask you to respond to our second survey relating to Capital Reserves. A Capital Reserve Plan/Study is abudget-planning tool for condominium associations that gives owners and prospective buyers fundamental information on current and future funding obligations for the common elements of the condominium association. (Most interior items, sometimes referred to as Capital Improvements, are the responsibility of the individual owner and not included in reserve studies.) Reserve Studies are only guides in anticipating future needs and are not static information. Thank you in advance for your help. 1. Does your Condominium Association have a written Capital Reserve Plan? Yes No I don't know 2. Has your Association provided you with written copies of your Capital Reserve Plan? Yes No I don't know 3. Is your Capital Reserve Plan updated annually? Yes No I don't know 4. If there is no written Capital Reserve Plan, are you aware of any upcoming large deferred maintenance expenditures (such as roofing, siding, windows)? Yes No 5. If the Capital Reserve Plan is not funded, how does the Association anticipate paying for a major expense? 6. Would an APCHA-sponsored seminar on Capital Reserve programs be beneficial to you? Yes No I don't know 7. If yes, would an early April weekday be an appropriate time? Yes _ No _ Better Time 8. Would noon or after work be better for you? Noon After 5:00 p.m. OPTIONAL: Name of your Please return to APC13A, 530 East Main, Aspen, Colorado 81611, by March 9, 2009. Thank you for your help in making our housing program stronger and more viable. 14 ATTACHMENT G -- EXAMPLE 1 Value of Bonus Fora $100,000 1-bedroom Unit CRITERIA: Current Going to Years Bonus Value ? Bdrm. Owned Cap Cap Amount $ 100,000 0 15 50% $ 50,000 - ~, Number of Bedrooms Amenities TOTAL Pets Outside Parking In- $ 100,000 1 2 3 Cats C&D Storage Garage Covered Town $ 50,000 1 2 $ 40,000 $ 50,000 $ 50,000 $ 25,000 $ 2,500 $ 5,000 $ 3,000 $ 15,000 $ 10,000 $ 5,000 $ 7,000 50,000 Years-Owned Converted to Percentage _~ _ - 3,000. - 15% ~ 7,000 $ 60,000 15,000 75,000 Notes: 1. Adding value of years owned in unit: a. Bonus added within cap = 60% for 3 b. Bonus added outside cap = 50% for 55% for 2-Bedroom; 50% for 1-bedroom. 45% for 2-Bedroom; 40% for 1-Bedroom. Page 1 ATTACHMENT H -- EXAMPLE 2 Value of Bonus Fora $200,000 2-bedroom Unit CRITERIA: Current Going to Years Bonus Value ? Bdrm. Owned Cap Cap Amount $ 200,000 1 25 55% $ 110,000 i ~ ~ i ~ Number of Bedrooms Ameni Pets Outside 1 2 3 Cats C&D Storage ~ 1 $ 50,000 $ 50,000 $ 25,000 $ 2,500 $ 5,000 $ 3,000 $ 15,0 50,000 5,000 3,000 Years-Owned Converted to Percentage 2 ~ ~ i ~ ~ Notes: 1. Adding value of years owned in unit: a. Bonus added within cap = 60% for 3 b. Bonus added outside cap = 50% for 55% for 2 45% for 2 TOTAL In- $ 200,000 -own $ 110,000 $ 80,000 7,000 7,000 $ 70,000 50% for 1-bedroom. 40% for 1-Bedroom. Page 2 CRITERIA: Current Going Value ? Bdrm. Owned Cap Amount $ 400,000 0 30 60% $ 240,000 I Number of Bedrooms Amenities TOTAL Pets Outside Parking In- $ 400,000 1 2 3 Cats C&D Storage Garage Covered Town $ 240,000 1 2 $ 160,000 $ 50,000 $ 50,000 $ 25,000 $ 2,500 $ 5,000 $ 3,000 $ 15,000 $ 10,000 $ 5,000 $ 7,000 50,000 50,000. 25,000 5,000 Years-Owned Converted to Percentage 3,000 10,000 30% ~ i i 7,000 $ 150,000 120,000 270,000 1. Adding value of years owned in unit: a. Bonus added within cap = 60% for 3-Bedroom; 55% for 2-Bedroom; 50% for 1-bedroom. b. Bonus added outside cap = 50% for 3-Bedroom; 45% for 2-Bedroom; 40% for 1-Bedroom. Value of Bonus Fora $400,000 3-bedroom Unit to Years Bonus Cap Page 3