By Adam Leitman Bailey Q. Why do I have to buy title insurance when purchasing a property? A. Although attorneys will insist you purchase title insurance, and lenders won’t issue a mortgage without it, such a purchase is not required by law. Title insurance has the primary function of insuring owners in the event of Full Article…
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Q & A: When a Co-op Files for Bankruptcy, The New York Times
By Leonard Ritz Q. The finances of our co-op building are in poor shape, and we are worried the co-op corporation may end up in bankruptcy. If this occurs, what happens to the shareholders, most of whom still have outstanding mortgages?
Q & A: How Long To Approve? The Cooperator
By Adam Leitman Bailey Q. I have a one-bedroom co-op in a six –story, 78-unit building in the Bronx on the market for $53,000 and have a prospective buyer who filled out the board application and provided the financial information required by the board. After reviewing his information, the board interviewed the interested buyer in Full Article…
Q & A: What A Co-op Can Do To Enforce House Rules? The Cooperator
By Adam Leitman Bailey Q. We are a 73-unit co-op in the Riverdale section of the Bronx. Approximately 50 percent of the residents are tenants in sponsor-controlled apartments. Among these are six rent stabilized tenants who have been here for at least 20 years. The co-op, at its inception established some “House Rules” and everyone (both Full Article…
Adam Leitman Bailey Recommends a Change to Cooperatives’ Corporate Documents for Habitat Magazine 2007 Attorney Survey
By Adam Leitman Bailey House rules and the proprietary lease are crucial elements in ensuring that a building runs properly. They create governing policy. Yet enforcement can become a difficult affair. You don’t want to be too harsh, nor do you want to be so lenient that the policy becomes meaningless. It is, in effect, Full Article…
Q & A: Closing Question, The Cooperator
By Guy Arad Q. I have an accepted offer on a condo in Manhattan, and I have a letter of commitment from my lender. Before proceeding to submit my application to the board, I was instructed by the managing agency that submission of tax returns, payroll stubs, and bank statements are necessary to process the Full Article…
Q & A: Is That Fair? The Cooperator
By Adam Leitman Bailey Q. My question is pretty straightforward: can a board member hold both the title of president and secretary concurrently? Article VI Paragraph 1 of our bylaws, entitled “Officers” states that “The officers of the Corporation shall be a President, one or more Vice Presidents, a Secretary, and a Treasurer” but our Full Article…
Q & A: Shareholder Preventing Sale, The Cooperator
By Adam Leitman Bailey Q. We have a shareholder who has posted notices around our co-op that condemn the co-op and the board. They are in plain view of potential buyers. When the buyers read these notices, they refuse to even look at the available unit that we have. The real estate agent is embarrassed Full Article…
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