Non-Residential Condominium Valuations
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Professional Excellence Bulletin [PP-16-E] September 1995 Revised January 2007 Non-Residential Condominium Valuations In a number of marketplaces across the country, condominium – or strata title (the terms are synonymous) subdivided developments are becoming commonplace. These projects are marketed on the basis that businesses can own the space within which they operate, as well as to individual investors on the basis that this ownership interest can be acquired in commercial or industrial properties at price levels below those possible in conventionally subdivided free- standing investment properties. One also sees bareland strata subdivisions develop from time to time, wherein individual lot owners acquire an interest in common property, like an improvement, lying outside their lot boundaries. Bareland strata provides a fee simple ownership mechanism, yet offers substantial advantages over the alternative non-fee simple mechanisms to retain control of these offsite improvements, such as cooperative or corporate share arrangements. Much as on-going exposure to residential condominium properties has led to a significant body of knowledge within the appraisal community for the valuation of these assets, the passage of time has brought about a greater awareness of the pitfalls inherent in non-residential strata properties, some of which entail potential litigation risk for appraisers. Strata title commercial/industrial properties offer the advantages of ownership in smaller properties than could be achieved for stand-alone buildings; maybe the only way to secure tenure in a specific location, and offer reduced management burden for such things as building and grounds maintenance. However, individual unit owners have less control over both day-to-day operations, and eventual re-development. Because a strata project is usually managed by the strata council, property management and maintenance standards could be lower than for a rental project owned and operated by a sophisticated investor. Absentee ownership of a significant number of units can create problems for owner-occupants in the same project due to differences in philosophy about maintenance, management and marketing. In cases of developer failure before a project is complete, the strata owner can end up in a project that lacks the synergy of a completed development, or on which maintenance is neglected. FLOOR SPACE MEASUREMENTS 403-200 Catherine Street • Ottawa, Ontario K2P 2K9 t. 613-234-6533 • f.613-234-7197 • www.aicanada.ca Professional Excellence Bulletin [PP-16-E] Non-Residential Condominium Valuations The applicable Condominium or Strata Title Act specifies how the boundaries of individual condominium units have been identified. In British Columbia, for example, the boundaries are established as the centre of the floors, walls or ceilings, as the case may be. However, discretion is left to the Registrar – Land Titles – for defining the limits of garages, parking space, storage areas, and areas and spaces not enclosed by floors, walls or ceilings. In general, it is preferable to define the condominium by reference to the walls of the building. Any outside areas that are for the private use of the owner of a condominium may be regulated and defined under exclusive use agreements. These agreements can provide for exclusive use of a part of the common property by one condominium owner, and are the most appropriate way for dealing with such areas as balconies, mezzanine, storage space and parking stalls. In some instances, real estate boards have adopted policies on how commercial or industrial condominium sizes are to be set out; in most cases, an appraisal on this type of property can utilize these local policies. Confusion can arise when identifying the floor area of a condominium property, due to the various ways that may be used for expressing floor areas. Strata lot size must be measured according to requirements specified within the applicable legislation. However, such may not equal rentable or usable floor area. Also, creative marketing can swell the size of a strata unit by including the balcony, mezzanine and even the parking area. For industrial property, direct comparison is complicated by difficulties in ascertaining precisely the floor space of a unit. Typically, an industrial unit will involve a certain main floor area with mezzanine development common over at least a portion of the main floor. This mezzanine development could involve low-grade light storage floors to higher capacity light manufacturing space, to office space ranging from minimal quality to high cost office finishes. The appraiser needs to use standard techniques in measuring these spaces or direct comparison will become, at the least, a frustrating experience and, more than likely, fraught with error. A suggested technique is to evaluate the property based on the areas specified on the strata plan, with separate identification and analysis of finished areas and quality for mezzanine and main floor finished areas. LOCATIONAL ADJUSTMENTS Significant variations in rent levels often exist within a commercial development, depending on such things as exposure and unit size. Particularly in commercial property, where the units are being traded within the investment community, these differentials in rent can be expected to lead to dramatic differences in market value per square foot of strata lot. Although one of the touchstones of appraising residential condominiums involves ensuring comparables are from the same project, the additional requirement of analyzing rental variations within the property must be considered when valuing commercial strata projects. 2 403-200 Catherine Street • Ottawa, Ontario K2P 2K9 t. 613-234-6533 • f.613-234-7197 • www.aicanada.ca Professional Excellence Bulletin [PP-16-E] Non-Residential Condominium Valuations LAND USE ZONING Particularly for strata industrial projects, municipal and regional policies regarding land use controls must be carefully considered. Individual occupants may well fit up a space to levels not permitted by the zoning bylaw or sublease a portion of the space for a use which is contrary to occupancy permit requirements. This caveat is of greater concern in a strata title sector, where many property owners are less sophisticated than those controlling larger holdings. Ideally, this situation is best addressed in the valuation process through comparison with properties bearing a similar nonconforming feature. REPLACEMENT RESERVES Strata corporations periodically need to spend large sums of money on roof replacement and similar capital irregular maintenance items. While provincial legislation may require the funding of replacement reserves, the level of contribution is commonly much less than what could be needed. It is possible for one strata project to have a substantial replacement reserve fund because its council has been diligent in building one, and a similar project next door to have insufficient or no funds in reserve. When one considers that the cost of roof replacement on even a modest project could cost $50,000, the significance of the presence or absence of reserve funding becomes apparent. As an appraiser, you aren’t expected to investigate funding for reserves, but those reading your reports will find it useful if you state in your report that the level of reserves ought to be investigated if the project appears to need major work. STRATA FEES/ASSESSMENTS Common area maintenance and insurance expenses are typically covered in the strata fees assessed to each owner. The quantum of fees is determined by the developer or owners’ association, and will vary according to reserve levels, maintenance standards, the likelihood of winter storms necessitating substantial snow removal expenditures, amenities, upgrading requirements, and so forth. Investigations into strata corporation bylaws or assessment of its financial status is clearly beyond the responsibility of an appraiser. Where unusually high or low fees are evident, they ought to be noted. Use caution in making adjustments for the level of strata fees. High fees could reflect more amenities that enhances the value of the units, or a special assessment that will shortly expire. STRATA CORPORATION BYLAWS Appraisers seldom read the bylaws of the corporation governing a unit they are appraising, and this is neither necessary or practical to minimize liability. However, unusual situations can arise from time to time for things like leased land tenure. Many strata corporations pass bylaws limiting 3 403-200 Catherine Street • Ottawa, Ontario K2P 2K9 t. 613-234-6533 • f.613-234-7197 • www.aicanada.ca Professional Excellence Bulletin [PP-16-E] Non-Residential Condominium Valuations activity in strata units to certain uses (only clothing manufacturer’s outlets might be permitted in an outlet centre, for example), to restrict a kind of use (like restaurant) to only one of the strata lots or to forbid undesirable activities. These clauses serve the same function as the restrictive covenants in many standard form commercial leases. Rental could be forbidden in some projects. PROPERTY DISCLOSURE STATEMENTS Real Estate Boards in general, and the commercial brokerages in particular, are becoming more insistent about vendor disclosure statements. These serve as a marketing tool and help limit the realtor’s liability. If available, they can be usefully attached to your report, along with any other pertinent documents that may be available. Obviously, an appraiser needs to ensure his report