Chapter 16 Condominiums And Cooperatives Flashcards
What is a cooperative?
When people join to own or control the housing and related facilities in which they live. The cooperative is a non for profit corporation.
Is a cooperative a fee simple ownership?
No
In cooperative ownership the lessees pay a monthly fee which is what?
A maintenance fee and rent
What is the board of directors?
The board overseas the maintenance,finances,and policy decisions of the corporation.
What are the two basic legal obligations that the board of directors have?
Board must follow the co-ops internal rules that are stated in the bylaws, the proprietary lease,the certificate of incorporation and the house rules.
They must exercise good business judgment in making decisions.
What does it mean to understand a financial statement?
Looking into background.
Explain underlying mortgage?
When the owner determine what type of mortgage exist.
Explain a reverse fund ?
Variable expenses (gas leak or accidents)
Do both condos and coops have reserve funds?
Yes
What is a flip tax?
A charge levied when units change hands. But not all cooperatives charge a flip tax.
What are the documents needed for the sale or purchase of cooperatives?
Articles of incorporation,bylaws,proprietary lease, or occupancy agreement , subscription agreement and house rules.
What is a proprietary lease and when is it presented?
Generally a long term lease or estate for years and the seller delivers at the closing.
Who files an offering plan?
The developer who constructs a cooperative or converts a building into a cooperative corporation.
What does a offering plan include?
A declaration and disclosure statement with the New York Attorneys general office which gives approval.
Before approval the first part of the declaration includes what?
The scope of the project a description of the corporate setup.