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Proprietary lease expiration

Started by Yentle
about 2 hours ago
Posts: 54
Member since: Jan 2015
Discussion about
Asking for a friend. Suppose a coop board (with no transparency to shareholders) and the building’s outside managing agent were aware that a coop’s underlying proprietary lease was going to expire within two years. A shareholder in the building has an apartment go under contract, but the buyer’s mortgage company flags the issue and says no loan till the lease is extended. The outside managing agent claims this is a first and usually isn’t an issue, had planned to deal with this next year, etc. etc. but does agree to hustle to get the issue resolved now. Question for the experts - is what shows up on line research true - that this should never have been permitted to happen in the first place and suggests poor management? Or does this sort of thing just happen? TIA!
Response by front_porch
about 2 hours ago
Posts: 5321
Member since: Mar 2008

It's not exactly analogous but I once lived in a co-op full of attorneys where a subcommittee of the board pulled the prop lease to change some pronouns (basically to allow same-sex couples to have equivalent rights to those that hetero couples had) and then was surprised when a shareholder was selling and was like, "hey, I have to get that prop lease out of committee stat."

Anyway, I'm not a lawyer but IIRC that got fixed in a week. It seems to be a document that can be turned pretty fast.

I am sort of puzzled, though, by the idea that the shareholder didn't know when the prop lease was expiring. This is something one *should* go over carefully at purchase, possibly via the proxy of your attorney but since it's basically what you're buying you should look at the document, yeah?

It's a <50 page document, and in the first two prop leases I just pulled out of my email, the expiration date is on the first page.

I mean certainly the board should have been running a countdown clock, like "we know the building's proprietary lease is expiring in Year Z but we plan to deal with it in Year Y" should have been a point raised at every board meeting within, say, three years of expiration ... but it's also kind of on the shareholder to know their documents.

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