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Splitting a partial combination

Started by Corsair
over 13 years ago
Posts: 20
Member since: Feb 2011
Discussion about
My neighbor two doors away purchased the apartment in between hers and mine. She did a (legal) combination of the two, removing the kitchen and cutting a doorway between the two. She never did anything with the adjoining apartment as far as renovation (it is quite in need of one). I do not know if she has a mortgage on the combined apartments (she is in a position to not have). If she were to seal... [more]
Response by NWT
over 13 years ago
Posts: 6643
Member since: Sep 2008

Co-op splits and combos don't require a change to the Certificate of Occupancy. The work involved would require permits.

There're x shares allocated to the in-between apartment. Your neighbor simply sells the x shares to you (subject to board approval,) the co-op issues new stock certificates to you both, and you go ahead with the combo, with the plans subject to your co-op's alteration agreement.

The in-between apartment doesn't need a kitchen, as yours already has one.

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Response by uptown_joe
over 13 years ago
Posts: 293
Member since: Dec 2011

In terms of sealing up one doorway and opening up to your apartment, DoB permits are required but I suspect that *if* it's all one project you will not need to re-create the kitchen (at least not due to city regulations). From the DoB's perspective, the co-op corporation is actually the one applying for permits to reconfigure its walls. So along those lines, the corporation could detach space from one legal apartment and attach it to another, all part of the same project/plans, and it probably won't raise eyebrows.

If it is filed as two separate jobs (detach first, then attach separately), the plan examiner at DoB might be more likely to object, because the first filing will only show the creation of an apartment without a kitchen, and there's no mechanism to require that the space will later be attached to your unit.

If you need financing to do this, the bank might be the party most likely to insist on seeing a 'real' unit (with kitchen, etc.) that they can separately appraise to secure their loan -- after it's detached from your neighbor, and before it's attached to your unit.

You need some advice from experienced professionals on shepherding this through the NYC bureaucracy as well as the bank if you need that.

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Response by Crashwait
over 13 years ago
Posts: 54
Member since: Nov 2008

If this is a condo then you're in for a painful and protracted headache. A condo combination or split means changing the declaration and the condo drawings, getting the condo board attorney to sign-off and filing for new tax lot #s with the Dept of Finance. Doing this in a co-op means getting a building permit and having the board reallocate shares. Much easier.

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Response by ekapit
over 13 years ago
Posts: 8
Member since: Sep 2007

Hi, I am doing the same thing in my coop. A big question is whether the combined apts were approved by the DOB and issued a Certificate of Completion. If so, then they have to be legally separated and their apt needs it's own Cerificate. You can then buy the apt in the middle but without kitchen you will not get a mortgage. If you try and legally combine yours with the middle apt the middle apt will need a legal Certificate of Completion so that the DOB can recognize it as a separate unit. The coop is the least of your problems. Good luck

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