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CancerverO

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Guys I need some help .. I amin the process of purchasing a co-op and the board of directors will not release the board meetings minutes to my lawyer... Is that normal? They did release their Financial statements


Thanks
 

masterswimmer

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Not sure why your lawyer would think the boards meeting minutes would be made public. Those are not required to be released. He/she can ask, like they did, but expecting it is unrealistic. Maybe your lawyer got 'lucky' requesting it from other boards in the past.

Financials, that's another story.

Russ
 

TRIGGERMAN

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You are better off with a condo than a co-op. There is so many fees and regulations it's a little ridiculous plus the board approval and all the other red tape. Not to mention that you don't really own a co-op it's shares of a corporation and since the market is down if you sold it later on more likely than not you would make a decent profit which you would have to give a piece of to them. I'm not sure if you know this or not just giving you a heads up. If you can get a town house that's probably your best bet out of those 3. Good luck.
 
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Sounds unusual to me. I know my lawyer read through several years of board meeting minutes before I signed the contract, let alone closed. And it goes without saying that they have to release the financials. That much is almost definitely required by NYC RE law. I would think that the board meeting minutes release is too...

He should ask again probably. I'd be interested in what your attorney says about the commonality of a board not releasing its minutes. To me it sounds like they have something to hide, which could be a bad thing.
 

CancerverO

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Howard Beach NY
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Thank you all for your responses!!! I do appreciate it.. We have tried a few times but we were told that there is no law that obligates them to release the minutes to third parties. They gladly offered us their financial statements. Since this is a co-op I am more concern of any future maintenance increase. However, we sent a long questionnaire including questions related to the boards? minutes. I know for a fact that maintenance fee has not been change since last 2 years (I know I can get ?lucky? this year right?) and there are no plans to renovate windows/roofs of anything like that.. They already did it 3 yr ago.
?
I was just a little skeptical as I read on the net that if you don?t get the minutes, it is because some fishy is going on, and honestly they only thing fishy that I like is my tank.. nothing else..lol.. but it seems that some co-ops will release their minutes and others won?t.​
 

CancerverO

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Howard Beach NY
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I'd imagine that if they release the minutes it's because nothing was said that would elicit backlash. If they won't release them it's because at least one person said something about you... :shocked:

hahahaha.. well they dont know me yet.. but I did mention that I have a fish tank.. maybe they dont like fishy things :scratchch ..
 

CancerverO

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Howard Beach NY
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You are better off with a condo than a co-op. There is so many fees and regulations it's a little ridiculous plus the board approval and all the other red tape. Not to mention that you don't really own a co-op it's shares of a corporation and since the market is down if you sold it later on more likely than not you would make a decent profit which you would have to give a piece of to them. I'm not sure if you know this or not just giving you a heads up. If you can get a town house that's probably your best bet out of those 3. Good luck.

flip tax -- hate that :sad2:

However, I am getting a decent deal on this co-op for the area (Howard Beach - one bedroom for 60K after my downpayment of 15K )-- what u think??? I can still back down..

Other co-ops around that area for the same size are going for 95- 120K
 

CancerverO

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Howard Beach NY
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Sounds unusual to me. I know my lawyer read through several years of board meeting minutes before I signed the contract, let alone closed. And it goes without saying that they have to release the financials. That much is almost definitely required by NYC RE law. I would think that the board meeting minutes release is too...

He should ask again probably. I'd be interested in what your attorney says about the commonality of a board not releasing its minutes. To me it sounds like they have something to hide, which could be a bad thing.


PM sent.. I have some questions :redface:
 

Josh

in the coral sea...
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Thank you all for your responses!!! I do appreciate it.. We have tried a few times but we were told that there is no law that obligates them to release the minutes to third parties. They gladly offered us their financial statements. Since this is a co-op I am more concern of any future maintenance increase. However, we sent a long questionnaire including questions related to the boards? minutes. I know for a fact that maintenance fee has not been change since last 2 years (I know I can get ?lucky? this year right?) and there are no plans to renovate windows/roofs of anything like that.. They already did it 3 yr ago.
?
I was just a little skeptical as I read on the net that if you don?t get the minutes, it is because some fishy is going on, and honestly they only thing fishy that I like is my tank.. nothing else..lol.. but it seems that some co-ops will release their minutes and others won?t.​

No, there isn't anything "fishy" going on. I can tell you that my board does not release the minutes to anyone outside of the board. Think about it, they have to deal with things like employee salaries, people not paying their maintenance fees, issues with coop members, etc. This is not public information and really shouldn't even be shared amongst members.

Maintenance increases and assessments are part of the coop process. If you are trying to sell your apartment, you'd rather that the roof gets fixed and the interiors of the building have recently been renovated. Something happens almost every year. What you want to know is this:

In the past 5 years, how many maintenance increases have there been?
In the past 5 years, how many special assessments have been made?
When was the last time they had to completely redo the interior, exterior brick pointing, roof, boiler.

Check the last few years of financials and see how well their books add up. Do they have extra money at the end of the year that they use for improvements? Do they take additional loans, credit lines, or major refinancing of the overall mortgage? Also, if the building has a super and/or other employees, find out how long they have been working there, do they have a union, do they get retirement/pension?
 
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Here's the thing, your lawyer should know all of this. He should know what questions to ask and what to look for. If he doesn't, then you need to get another lawyer.

Major agreement here. Your lawyer should have all of these answers, that's why your paying him a pile of $. If he doesn't know what he's doing, I can put you in touch with the one I used. He was a good guy and I'd use him again.

One other thing, then I'll reply to you PM - IMO, there SHOULD be yearly - SMALL - maintenance increases. Real estate taxes go up. Insurances go up. Building staff salaries go up. These are all standard. I don't see how a co-op can't raise it's monthly maintenance every year by whatever the average of that amount is...all it the cost of living increase, we can call it. Every year I've been in mine, it's gone up 3%-ish. If a coop doesn't raise maintenance every year...that means it's dipping into the reserve to pay for those inevitable increases. That might not be a good thing...the reserve is just that - a reserve fund for capital improvements, emergency repairs, etc. (1.5 years ago one of the water mains into my building cracked open and filled the basement garage with 1 foot of water, imagine what that cost)

Lastly....

<--- electrical engineer --- NOT an attorney.

:)
 

dherrera83

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Manhattan
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Check out the neighbors and all your valves too... Nothing like moving in and finding out you cant shut off the main water valve and you have complainers for neighbors... lol

also see if you can keep your tank! Some places are not pet friendly.

Good luck!
 

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