Executive Summary
Cooperative apartments (co-ops) represent approximately 75% of NYC's residential ownership inventory. Unlike condominiums, co-op buyers purchase shares in a corporation that owns the building, receiving a proprietary lease granting occupancy rights to a specific unit. This guide covers the complete co-op purchase process, board application requirements, financing options, and closing procedures specific to New York City.
Key Distinctions
Co-op Ownership
Share ownership + proprietary lease
Condo Ownership
Direct real property ownership (deed)
Board Approval
Required for co-ops only
Financing
75-80% LTV co-ops vs 90%+ condos
How Co-ops Work
Corporate Structure
- Legal Entity: Building owned by cooperative corporation
- Share Purchase: Buyers purchase shares in the corporation
- Share Allocation: Based on unit size and desirability
- Proprietary Lease: Grants occupancy rights
Governance
- Board of Directors (elected by shareholders)
- Managing Agent (hired by board, handles operations)
- Annual Shareholder Meetings
- House Rules (enforceable by board)
Monthly Maintenance Fees Cover:
- Property taxes (building-wide)
- Building mortgage (underlying mortgage, if any)
- Operating expenses (utilities, staff, insurance, repairs)
- Reserve fund contributions
Typical Maintenance Breakdown
- • Property Taxes: 35-45%
- • Underlying Mortgage: 10-20% (if applicable)
- • Operating Expenses: 40-50%
- • Reserve Fund: 5-10%
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Step-by-Step Co-op Buying Process
Step 1: Pre-Qualification (Before House Hunting)
- Calculate purchase budget based on income
- Determine down payment availability (10-20% minimum typical)
- Get mortgage pre-approval letter
- Review credit score (700+ recommended for co-op approval)
Step 2: Property Search and Selection
- Review building financials (obtain from listing agent)
- Check building's underlying mortgage status
- Verify flip tax and sublet policies
- Research board approval requirements
Step 3: Make an Offer
- Purchase price: Based on comparables and market conditions
- Deposit amount: Typically 10% of purchase price
- Contingencies: Financing, board approval
- Proposed closing timeline: 60-90 days typical
Step 4: Contract Signing
- Attorney review period (3-5 business days typical in NYC)
- Building document review (financials, minutes, alteration agreements)
- Proprietary lease review
- House rules review
Step 5: Mortgage Application (If Financing)
- Building must be on lender's approved list
- Lender reviews building financials, not just buyer financials
- Recognition agreement required (lender's security interest)
- Typical LTV: 75-80% (some buildings 50-70% maximum)
Board Application Package
Timing
- Prepare after mortgage commitment received
- Submission deadline: Set by managing agent (typically 30 days before desired closing)
- Board review period: 2-4 weeks
- Interview scheduling: 1-2 weeks after submission
Standard Board Package Components
Personal Information
- Board application form (building-specific)
- Personal reference letters (2-4 required)
- Professional reference letters (1-2 required)
- Personal financial statement
Financial Documentation
- 2 years personal tax returns (signed copies)
- 2 years corporate/business tax returns (if self-employed)
- Bank statements (3-6 months, all accounts)
- Brokerage and retirement account statements
- Employment verification letter
- Mortgage commitment letter (if financing)
- Net worth statement
Package Preparation Tips
- • Use tabs/dividers for organization
- • Include table of contents
- • Provide certified financial statements if requested
- • Redact sensitive information (SSN, account numbers except last 4 digits)
- • Submit in duplicate (managing agent + board president)
Board Interview
Interview Logistics
- Scheduled after package review (1-2 weeks)
- Duration: 20-40 minutes typical
- Attendees: All buyers must attend
- Location: Building common area or board member's unit
Common Interview Topics
- Why you're interested in this building/neighborhood
- Your occupation and work stability
- Financial stability and income sources
- Plans for the apartment (renovations, occupancy)
- Pet ownership (if applicable)
- Lifestyle and noise considerations
Interview Etiquette
- Dress professionally
- Arrive 10 minutes early
- Bring additional financial documents (in case requested)
- Be honest and straightforward
- Avoid controversial topics (politics, religion)
Legal Protections
Boards cannot discriminate based on protected characteristics (race, color, religion, sex, national origin, familial status, disability). Boards can reject applications without stating reasons (unless discriminatory). Boards typically provide approval/rejection within 5-10 business days post-interview.
Co-ops vs Condos: See Both Options
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Financing Co-op Purchases
Conventional Co-op Loans
- LTV: Up to 80% (some lenders)
- Minimum Credit Score: 680-700
- Debt-to-Income: 43% maximum (lender requirement)
- Interest Rates: Typically 0.125-0.25% higher than condo rates
Interest Deductibility
- Mortgage Interest: Fully deductible (up to $750K loan for married couples)
- Maintenance Deduction: Portion allocable to property taxes and mortgage interest is deductible
- Building provides annual tax statement
- Typically 40-60% of maintenance is deductible
Co-op vs. Condo Comparison
| Feature | Co-op | Condo |
|---|---|---|
| Ownership Structure | Shares + proprietary lease | Direct real property (deed) |
| Board Approval | Required (extensive) | Right of first refusal (rare rejection) |
| Financing | 75-80% LTV max | Up to 90-97% LTV |
| Closing Timeline | 60-90 days | 30-60 days |
| Monthly Fees | Maintenance (includes taxes) | Common charges + separate taxes |
| Subletting | Restricted | More flexible |
| Price Range | 15-30% less expensive | Premium pricing |
| Flip Tax | Common (1-3%) | Rare |
Red Flags in Co-op Buildings
Financial Warning Signs
- Underlying mortgage exceeds 20% of building value
- Reserves below 10% of annual budget
- Deferred maintenance backlog
- Pending special assessments
- High percentage of shareholders in arrears (>5%)
Governance Issues
- Frequent board turnover
- Ongoing litigation
- Unresolved building violations (HPD, DOB)
- Lack of financial transparency
Market Indicators
- High percentage of units for sale (>10% of building)
- Extended days on market for other units
- Recent price reductions across multiple listings
- Low sale-to-list ratio
Frequently Asked Questions
How long does the co-op purchase process take?
The complete co-op purchase process typically takes 60-90 days from accepted offer to closing. Timeline breakdown: Contract signing (days 1-7), mortgage application (days 7-45), board package preparation (days 30-60), board review and interview (days 60-75), board approval and closing coordination (days 75-90).
Can I be rejected by a co-op board?
Yes. Co-op boards have broad discretion to approve or reject applicants. Common rejection reasons include insufficient financial qualifications, incomplete board package, poor credit history, or concerns about occupancy intent. Boards cannot legally discriminate based on protected characteristics.
How much should I budget for closing costs on a co-op purchase?
Budget 2-4% of purchase price for closing costs. Major expenses include: attorney fees ($2,500-$5,000), mansion tax (1-3.9% on purchases $1M+), application and move-in fees ($1,000-$3,500), bank attorney fee ($500-$1,000 if financing). Co-ops typically avoid mortgage recording tax through Aztech filing.
What happens if the board rejects my application?
If rejected, you cannot close on the purchase. Your deposit is returned in full (minus any contractual provisions). The contract should include a board approval contingency protecting the buyer. Consult a real estate attorney if rejection occurs.
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