Chapter 14 Co-op Condos Flashcards
Co-Op
If you are the owner or the purchaser of a Co-op unit you would then get a stock certificate which will have the name of the corporation on the top, have your name on it as the stockholder
Proprietary Lease
is basically a lease just like you would have in a normal landlord situation, except it’s for a longer period of time and it is part of your ownership interest in the corporation.
What is the maintenance fee?
That is the common costs that you would share in Co-ops ownership of the building. The maintenance cost could consist of operating costs: fuel, utilities, insurance that might be imposed on it, and the cost for wages and salaries of the employees.
Cooperative
– A dwelling unit owned by a corporation in which an owner owns stock commensurate with the value of his or her apartment compared to the value of the building as a whole. The stockholder has a proprietary lease to the apartment.
Share Loan
– A loan in which shares of stock are used as collateral. Typically found in cooperative purchases.
Proprietary Lease
– A lease given by a corporation to another. It is often used in a co-op context, where the owner is given a certain number of shares in the co-op, along with a proprietary lease for one of the residences in the building.
Maintenance
– Monthly payments by a shareholder to a cooperative corporation.
Martin Act
(another key term) that governs how these types of interests can be sold and it requires a certain minimum disclosure, key information about the property or the interests, of the property that are being sold.
red herring
’ (and that is a key term that might show up). If you are a broker you are going to see this bound book and on the cover, in red, is going to say that it’s a draft offering plan. So you will always know it’s a ‘red herring’ because it has red ink on the cover. It is still basically a draft, it is subject to negotiation, it is subject to change and of course it is subject to the ultimate approval of the New York State
Black Book
Discloses the original Co-op offering and the amendment update along with rule of the building
house rules
‘’. The ‘house rules’ really contain the finer details of the day to day life and day to day operations in a co-op or a condominium. And that may be something significant for a purchaser of a co-op.
Board of minutes
Those are the written records of what occurs at the board meetings, the board of directors is the governing body of a co-op and they make the basic decisions about what the policies and procedures are for the operation of the co-op and when your review and read through the board minute you may find out that there are upcoming issues or concerns
Financial statement
financial statement’ of the co-op. And when you review a financial statement what you are really doing here. (keep in mind we talked about this in Unit number 1)
Sponsor
The developer or owner organizing and offering for sale a condominium or cooperative development.
due diligence
is another one of those key terms that is probably going to be on your test. Due diligence is generally the period of time that a purchaser has to review key financial, legal, and title issues, maybe even other issue, maybe environmental issues if it’s not a
Examples of due diligence
financial statement (you need to see how many units were sold or not sold), capital repairs, dissipated life time for roof/foundations, whether there is a reserve fund, what the history is in terms of maintenance or any special assessments
The Board Package
consists of a questioner usually that will require usually the payment of a fee for the review, and within the package you will find a request for financial documentation, personal recommendations, business recommendations, the copy of the contract of sale, and information regarding the ability of the purchaser to close
What’s included in the Board Package?
Financial package Part…
tax returns of the purchaser, usually for a 3 year period
– if they are employed,
– the application of employment,
– bank statements, usually 3 months of bank statements, statements showing any other savings or investment accounts that the purchaser may have liquid assets,
– the net worth or financial statement of the purchaser, and
– loan commitment.
Difference between co-op and condominiums
Co-op and a condominium is that there are generally far fewer requirements or restrictions on subletting and on purchasing of units. So that might be a good way for you to find a method to get that sale completed.
Alteration Agreement
It is an understanding between the Co-op and the shareholder about what is going to be done and how long is going to take and it will generally require a copy of a written contract with whoever is going to do the work and the person who is going to do the work in the Co-op is going to need to be a licensed home improver contractor, a licensed electrician, a licensed plumber, and they need to have insurance.
Alteration Agreement
– Describes the terms under which the cooperative gives permission to a shareholder before making any changes or improvements to the unit the shareholder occupies.
Fee
Real property
Difference between coop and condominium
Real property vs personal property