Board package if U already live in building?
Started by skdo23
over 15 years ago
Posts: 8
Member since: Feb 2010
Discussion about
I have a question that I was wondering if someone could answer for me. If someone owns a condo that they purchased as a sponsor unit (so no board package) and they wish to purchase and move to another unit in the building (resale this time) would most condo boards require the purchaser to submit the building's standard board package (in this case, tax forms, multiple references, etc.) or would the board likely be willing to forgo the usual formalities since the purchaser is already a resident? Thanks!
yes --
depends on building, and whether you own your current apartment free and
claer or with a large mortgage.
The only units exempt from a board package would be those purchase via the offering plan from the sponsor...
Yes, I do own my current unit free and clear and would not be financing the new one.
If you live in a CONDO, no board package is legally necessary for ANY purchase, regardless of what the condo "board" says.
I know that for a co-op, the answer would most likely be yes. Not sure about a condo, but there is probably some language on this in the offering plan / bylaws for your condo. Not sure that owning the unit clear or with mortgage would make any difference.
Matt, it's not what the condo board says. It's what the by-laws say. When you sign the deed you're agreeing to abide by the by-laws. That's supported by lots of NYS cases. You can't transfer title without the condo's waiver of its right of first refusal. At some point the condo has to either exercise or waive that right, but no lawyer would advise you to be the guinea pig in a fight with the condo.
"When you sign the deed you're agreeing to abide by the by-laws."
Unless the by-laws are illegal.