Author Topic: COOP Price Floors  (Read 2503 times)

Offline eddiestjohns

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COOP Price Floors
« on: March 19, 2012, 08:14:05 PM »
The Daily News has an excellent article about a coop complex in Bayside that has price floors on sales.  Essentially the coop won't allow units to be sold below certain prices.  The coop thinks this helps the coops keep value.  My co-worker lives in this complex and the rule is preventing the sale of his coop.  His wife recently had twins and he needs a bigger space but realtors have told him that his unit will never sell for anything near the price floor so he is stuck there. I would sue the coop board if this was my apartment. The article mentions a liberal subletting policy but that policy charges the shareholder $2,400 a year to sublet.

I would never buy in a coop like this or one with a flip tax.  Does anyone know of any buildings in JH that have a price floor?

http://bestplaces.nydailynews.com/stories/price-floors-leave-many-new-yorkers-stuck-apartments

Offline dssjh

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Re: COOP Price Floors
« Reply #1 on: March 19, 2012, 09:23:11 PM »
i like the idea of a price floor. a lot.

let's say you own an apartment that's your primary residence, and the fair value is 250K

then you have someone unload a place to a relative for 75K, as a wedding gift

and then a sponsor decides to bail and divest itself of a couple units at fire sale prices, say, 125K

comps come up and the value of your place is depressed .... a 250K apartment is now worth 150K.

my place is my home, not an "investment" but still, i don't want people intentionally depressing its value.

Offline StevenGrey

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Re: COOP Price Floors
« Reply #2 on: March 20, 2012, 05:03:17 PM »
Coop boards have a fiduciary duty to protect the interests of the corporation and its shareholders. Therefore, a price floor does not seem unreasonable, as long as it's based on a fair assessment of the market value for the unit. What's a fair valuation in the current real estate market however is the real question, especially when qualifying for a mortgage has become so much more difficult for many people out there. It does not pay for a coop to have units vacant, in default, or in foreclosure either, so the board must weigh one factor against the other.

Likewise, a flip tax can be a very useful tool in helping a coop board to meet its expenses with regard to building upkeep and capital improvements. It rewards those who put down roots and discourages people who buy a property mostly as a form of short-term investment, which admittedly was more commonplace prior to the Great Recession than today.

There are other "games" coop boards play. For example, I'm aware that several historic buildings in JH report artificially low monthly maintenance charges, and make up for the deficits in their operating budgets through an annual "surcharge" or assessment. Whether this helps on the resale value of their units or not, I do not know.

Offline dssjh

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Re: COOP Price Floors
« Reply #3 on: March 20, 2012, 05:41:47 PM »
i wasn't aware of the surcharge/lower maintenance trade-off trick.....and i always wondered why some of the nicer buildings had such jarringly low monthly fees. i guess i feel a little better now.  :)

Offline Shelby2

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Re: COOP Price Floors
« Reply #4 on: March 20, 2012, 09:33:38 PM »
i wasn't aware of the surcharge/lower maintenance trade-off trick.....and i always wondered why some of the nicer buildings had such jarringly low monthly fees. i guess i feel a little better now.  :)

Is it possible that some of the buildings with the lowest maintenance were original coops from back in the day (and not converted in the '80s) and the building's mortgage is paid off?

Offline NYC Native

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Re: COOP Price Floors
« Reply #5 on: March 20, 2012, 11:01:18 PM »
Yes...the Coop does have a duty to maintain certain standards like minimum price per share but most Sponsors wont just drop or dump their units one at a time.  Typically the sponsors will figure out a way to sale the entire package.  I have been involved in half a dozen (or so) estate sales with Coops.  Most people are afraid to reach out to a Board.  An approach is very simple...CASH BUYER  (Now, now - Please don't say there are no cash buyers out there...66% to 70% of my sales are to cash buyer)

First, you educate the executor and possibly their attorney (yes, most lawyers are NOT COOP savvy).  You agree on a "fire sale" price but it must be for a cash buyer (BANKS WILL ONLY ALLOW ABOUT 6% concession, SO THE FOLLOWING APPROACH WONT WORK) .  Example...if the average price for a similar unit is $200k, you may want to agree to dump the unit for $150k Cash (if the market is bad).  Then you have the executor and the attorney reach out to the management and the Coops lawyer.  They explain the perilous situation the family is going through and humbly ask that they be as flexible with a buyer as possible.  They introduce the listing Broker and the he / she promises to get a minimum price for the unit and you put it out to market FOR CASH BUYERS ONLY.  Keep the Unit off the MLS and use every other source...including your local brokers to market the unit.  Once you get a Cash buyer, you explain to them that the contract price will be much higher but they will be given a buyers concession that would bring the purchase price at closing to the agreed upon price.  The sale is registered at the price the Board is happy with, the transfer taxes and if applicable, the flip tax would be representative of the "registered" sale price.

Some may think this is unethical, but as long as it is done due to a traumatic event like a death in the family or extreme financial hardship, then. by all means necessary!   Anyway, I don't know anyone letting $50k  or $100k on the table when everything indicates an easy and quick sale.  The most important factor is to make sure you and your attorney network with the management and their attorney.  It is better to let the most influential people advocate for you and your cause.  Once a Board says NO, it is difficult to have them change their mind.
Time is running out!