Real Estate: Property Ownership and Agreements

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Questions and Answers

Which document outlines the terms under which a cooperative grants a shareholder permission to modify their unit?

  • Recognition Agreement
  • Proprietary Lease
  • Alteration Agreement (correct)
  • Board Package

A prospective buyer is reviewing a collection of documents before purchasing in a cooperative. What is this collection of documents typically called?

  • Recognition Agreement
  • Declaration
  • Offering Statement
  • Board Package (correct)

In a condominium, which document defines the rights and obligations of the owners?

  • Letter of Intent
  • Proprietary Lease
  • House Rules
  • By-laws (correct)

What term refers to areas within a building, such as lobbies and corridors, that are shared by all residents?

<p>Common Elements (D)</p> Signup and view all the answers

What type of ownership structure involves owning a specific unit outright plus a share of the common areas?

<p>Condominium (D)</p> Signup and view all the answers

Which type of residential establishment combines elements of both condominium and cooperative ownership structures?

<p>Condop (B)</p> Signup and view all the answers

In a cooperative, what does an owner possess that corresponds to the value of their apartment relative to the entire building?

<p>Stock (A)</p> Signup and view all the answers

What are the limitations and rules set by a builder, developer, or homeowner association on a group of homes called?

<p>Covenants, Conditions and Restrictions (CCRs) (B)</p> Signup and view all the answers

Which document establishes the existence of a condominium and governs its use and maintenance?

<p>Declaration (D)</p> Signup and view all the answers

In a cooperative, what set of guidelines addresses common issues such as garbage disposal and noise levels?

<p>House Rules (C)</p> Signup and view all the answers

What is the legal status of a Letter of Intent (LOI) in real estate transactions?

<p>Generally not binding and unenforceable. (A)</p> Signup and view all the answers

What are the regular payments made by a shareholder in a cooperative to the corporation called?

<p>Maintenance (B)</p> Signup and view all the answers

Which document provides detailed information about a new condominium building, including the rights and duties of the Homeowners Association?

<p>Offering Statement (A)</p> Signup and view all the answers

What type of lease is given by a cooperative corporation to a shareholder, allowing them to occupy a specific unit?

<p>Proprietary Lease (C)</p> Signup and view all the answers

What is the agreement between a cooperative building and a bank that provides financing for the purchase of shares in the cooperative called?

<p>Recognition Agreement (A)</p> Signup and view all the answers

What type of loan uses shares of stock as collateral, commonly found in cooperative purchases?

<p>Share Loan (C)</p> Signup and view all the answers

Who is the party responsible for organizing and offering a condominium or cooperative development for sale?

<p>Sponsor (C)</p> Signup and view all the answers

What is the fee paid on a housing co-op transaction, often in cities like New York, that is not deductible as a property tax?

<p>Flip Tax (C)</p> Signup and view all the answers

What term describes buying a property and quickly reselling it for a profit?

<p>Flipping (D)</p> Signup and view all the answers

A shareholder in a cooperative wants to install new hardwood floors. Which document would outline the procedure and requirements for this alteration?

<p>Alteration Agreement (B)</p> Signup and view all the answers

A potential buyer is performing due diligence on a condominium purchase. Which document would outline any existing easements or liens affecting the title of the building?

<p>Offering Statement (B)</p> Signup and view all the answers

A resident in a cooperative is consistently violating noise restrictions outlined in the House Rules. What is the likely course of action the cooperative board may take?

<p>Revoke the Proprietary Lease. (A)</p> Signup and view all the answers

Before formally contracting, two parties agree on the main terms of a real estate deal. They document this in a Letter of Intent, but one party later backs out. What is the likely legal outcome?

<p>The Letter of Intent is non-binding, so the other party has limited legal recourse. (A)</p> Signup and view all the answers

An investor purchases a condominium with the intent to renovate and resell it quickly for a profit. Which real estate term best describes this strategy?

<p>Flipping (C)</p> Signup and view all the answers

A cooperative is in financial distress and needs to secure a loan. Which document confirms the agreement between the cooperative and the lending bank, particularly concerning the shareholders' shares?

<p>Recognition Agreement (B)</p> Signup and view all the answers

Which of the following documents details the specific rules and regulations concerning the use of common areas within a condominium complex?

<p>By-laws (C)</p> Signup and view all the answers

A real estate developer is planning a new condominium project containing 500 individual units. According to standard real estate guidelines, which of the following steps must the developer undertake during the initial stages of this project?

<p>File a Declaration and create an Offering Statement. (B)</p> Signup and view all the answers

An individual purchases shares in a cooperative. Which document will they receive that grants them the right to occupy a specific unit?

<p>Proprietary Lease (D)</p> Signup and view all the answers

Several homeowners in a community find that they are consistently dealing with issues related to property maintenance and adherence to community rules. Which document provides the most comprehensive guidelines to mediate these types of disputes?

<p>Bylaws, Covenants, Conditions, and Restrictions (CCRs). (A)</p> Signup and view all the answers

A cooperative shareholder secures a Share Loan to purchase shares. If the shareholder defaults on this loan, what is the bank's recourse according to the terms of the Recognition Agreement?

<p>Evict the shareholder and resell the shares, adhering to procedures outlined in the Recognition Agreement. (D)</p> Signup and view all the answers

When a new condominium building is being constructed, which of the following parties typically prepares the offering statement, providing detailed information about the project to prospective buyers.

<p>The Sponsor's attorneys. (C)</p> Signup and view all the answers

What roles does the Sponsor play in establishing a new condominium?

<p>Overseeing construction, setting initial budgets, and marketing units of the new Condo (B)</p> Signup and view all the answers

A potential buyer is ready to purchase a unit in a housing cooperative. Besides assessing the apartment's condition and location, what essential steps should this buyer take concerning the cooperative's financial health and regulations?

<p>Review the cooperative's long term financial statements and house rules. (C)</p> Signup and view all the answers

An owner of a housing cooperative is planning home improvements to merge two adjacent rooms. What is the first step the owner should take before starting construction?

<p>Submit plans to the cooperative and get an alteration agreement. (D)</p> Signup and view all the answers

A prospective buyer is looking to purchase a unit in a condominium association. Given the common factors in the contract, what are the most important aspects of a declaration that the buyer should review to fully understand the rights and restrictions?

<p>The provisions that outline usage restrictions, maintenance responsibilities, and dispute resolution. (B)</p> Signup and view all the answers

A first time buyer is unsure if they want to purchase a condominium or a housing co-op. What should they consider when making the desicion?

<p>Condominium owners have more autonomy and direct control over their property. (D)</p> Signup and view all the answers

In a condominium community, select the correct statement on what the declaration will state about common areas.

<p>Details the rights and responsibilities of owners of condominiums. (D)</p> Signup and view all the answers

Under what condition would a cooperative’s board need to enforce house rules to ensure the safety and well-being of all residents?

<p>To regulate noise, smoking locations, pets, and disposal of garbage. (A)</p> Signup and view all the answers

Flashcards

Alteration Agreement

Terms under which a cooperative allows a shareholder to alter their unit.

Board Package

Documents for cooperative board review when someone wants to purchase.

By-laws

Governing rules outlining owner's rights and obligations in a condominium.

Common Elements / Common Areas

Shared spaces in a building like lobbies, corridors, and elevators.

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Condominium

Fee simple ownership of an individual unit plus shared ownership of common areas.

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Condop

Building with both condominium and cooperative ownership structures.

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Cooperative

A corporation owns the building; owners buy stock and get a proprietary lease.

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Covenants, Conditions, and Restrictions (CCRs)

Limitations and rules by builders or homeowner associations.

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Declaration / Master Deed

Document establishing and governing a condominium property.

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House Rules

Rules in a cooperative covering garbage disposal, noise, and maintenance.

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Letter of Intent (LOI)

Outlines terms between parties before a formal contract.

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Maintenance

Monthly payments to a cooperative corporation.

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Offering Statement

Information about a new condo building, HOA, and potential issues.

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Proprietary Lease

Lease from a corporation to a shareholder in a cooperative.

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Recognition Agreement

Agreement between a cooperative and a bank lending money for shares.

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Share Loan

Loan using shares of stock as collateral, common in co-op purchases.

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Sponsor

Developer organizing and selling a condominium or cooperative.

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Flip Tax

Fee paid on a co-op transaction, usually in NYC.

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Flipping

Buying and quickly reselling a home for profit.

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Study Notes

  • Alteration Agreement: Defines the terms for a cooperative to grant a shareholder permission to alter or improve their unit.
  • Board Package: A collection of documents submitted to a cooperative board for review.
  • By-laws: Defines the rights and obligations of a condominium owner.
  • Common Elements/Areas: Shared spaces in a building used by all residents, such as lobbies, corridors, stairs, and elevators.
  • Condominium: Ownership of a unit within a multi-unit structure, along with a share of the common elements.
  • Condop: A building with both condominium and cooperative ownership structures, where the residential part is a single condo unit owned through a cooperative.
  • Cooperative: A corporation owns the dwelling unit, and owners hold stock relative to their apartment's value. They also possess a proprietary lease for the apartment.
  • Covenants, Conditions, and Restrictions (CCRs): Rules and limitations imposed on a group of homes by a builder, developer, association, or HOA. Residents give up freedoms to be part of the community.
  • Declaration/Master Deed: Foundational document establishing and governing the use and maintenance of a condominium property.
  • House Rules: Regulations in a cooperative covering issues like garbage disposal, maintenance, noise, and conflict resolution.
  • Letter of Intent (LOI): A preliminary "agreement to agree" outlining terms not yet formalized into a binding contract. Typically non-binding.
  • Maintenance: Monthly payments made by a shareholder to a cooperative corporation.
  • Offering Statement: Prepared by attorneys for new condo construction, detailing the number and type of units, HOA duties, and any easements or liens. Provided to potential buyers before making an offer.
  • Proprietary Lease: A lease from a corporation to another, often in co-ops, where the owner receives shares and a lease for a residence.
  • Recognition Agreement: An agreement between a cooperative building and a bank providing a share loan.
  • Share Loan: A loan using shares of stock as collateral, commonly used in cooperative purchases.
  • Sponsor: The developer or owner selling a condominium or cooperative development.
  • Flip Tax: A transfer fee, not a deductible property tax, paid in housing co-op transactions (typically in NYC) upon selling an apartment to the co-op.
  • Flipping: Buying a home and quickly reselling it for profit.

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