Building Mortgages in Co-ops vs Condos
Started by sticky
over 17 years ago
Posts: 256
Member since: Sep 2008
Discussion about
I once read that, legally, a co-op may take out a mortgage to pay for the land or make repairs, but a condo buidling may not. Yet the building I live in now is condos, and I know that the building took out a large loan to pay for new windows in the building ... something like $2 million ... the maintenance increased to pay for it. I read that the co-op's ability to take out a mortgage is and advantage, if they need money to pay for anything. Whereas a condo has no choice but to levy an assessment. Is there a difference between a building have a land mortgage or land lease? Is it wise to only consider co-ops that have completely or mostly pay off their land mortgage?
I'll wait for more knowledgable people to comment on any legal limits or restrictions on a condo's ability to borrow vs. a coop's, but I had heard that condos can indeed get underlying mortgages. Similarly, condos seem to have a lot more ability to pick buyers, limit subletting, and generally meddle with your life, than is popularly believed.
I've heard that condo boards have first right of refusal, but unless the board is willing to pay the same price as that buyer, they can't reject him.
I'm curious about New York City or State law on subletting policies in condos. In my own building, which is condos, I've been told that you can't sublet more than twice per year. However, people say things all the time assertively, to convince you that it's true, even if strictly speaking the law might be unclear on the matter.
I'm also curious to know, from a legal perspective, whether condo House Rules are enforceable.