Self-Managed Buildings: Tips for Brokers, Bankers, and Clients from a New York Real Estate Lawyer

Self-Managed Buildings: Tips for Brokers, Bankers, and Clients from a New York Real Estate Lawyer

Self-management helps smaller buildings save on the expense of retaining a management company. In exchange, unit owners (or the shareholders of a coop) take on the responsibility of performing building related tasks. These can range from repair and maintenance work to accounting and record keeping services. While self-management can help buildings balance their budgets, self-managed buildings also pose unique challenges to New York City brokers and real estate attorneys.

We’ve identified some common pitfalls, along with tips on how to navigate them.

1. The building may not have a point person to answer diligence: Identify one early to be available throughout the transaction. Bonus if they use (and are responsive by) email.

The Purchaser’s real estate attorney, and any lending institution involved, will need diligence questionnaire(s) completed. Find a person on the inside early on that can properly answer questions, and line up a backup contact in the event of work conflicts, holidays, or vacations.

2. Board minutes are scattered or unavailable and Financials are not audited: Ask Seller’s side to make sure the minutes are compiled, along with at least 2 years’ financials for review.

Self-managed buildings may only have unaudited financials or excel balance sheets with no accountant opinion at all. In those instances, real estate lawyers and brokers must carefully guide the process through the buyer’s bank to avoid an unnecessary underwriter denial.

Brokers and real estate attorneys can further recommend an experienced, responsive banker for the specific type of transaction (condos/coops/new construction/resale). This is especially helpful when expecting diligence to be returned in unorthodox formats.

3. Building is not pre-approved by major lenders: Brokers can check which lenders have closed in the building; bankers can be advised to start their diligence process as soon as possible.

Building approval tends to be easier if the lender has already approved a loan in the building. If the lender is not familiar with the building, the banker should try to submit their questionnaire as soon as possible to help determine if the bank will lend in the building. Brokers and real estate lawyers who forget this step can find themselves in a situation where the buyer is initially approved but the bank raises a last-minute issue preventing the loan from closing (e.g., insufficient reserve funds or inadequate insurance).

4. Building Lacks Common Form Documents: Brokers can confirm that the building has commonly needed items: master certificates of insurance, a standard purchase application (or a set purchase process), waiver letter with common charge letter (condos), or a coop attorney or coop closing agent ready to coordinate closing.

Self-managed buildings often lack a set of commonly used form documents, and this is especially true if transactions infrequently occur. During one of our recent transactions, a building did not answer the bank’s repeated requests for the building’s proof of insurance. Following up and pushing for answers did not help because the building’s contact didn’t know what the banker was requesting. We helped the building secure an insurance broker and obtain adequate insurance to get the transaction closed.

There is no exhaustive checklist for this problem, but it’s important to have the right mindset: everyone is a team player getting the parties to close. Sometimes this means going above and beyond your job description.
Armed with the tips above, brokers, bankers, buyers, and lawyers can help the process move smoothly from due diligence to closing. Remember that the point person for a self-managed building is ultimately a busy New Yorker volunteering their time to help manage the building. Empathy, along with your own arsenal of sample documents, can go a long way – hopefully, all the way to a successful closing!

NYC Real Estate Attorney’s Closing Report: January 2022

Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.

Property Value Transaction
140 West 69th Street, NY, NY $335,000.00 Coop Sale
19 East 88th Street, NY, NY $3,700,000.00 Coop Sale
100 West 12th Street, NY, NY $505,000.00 Coop Purchase
65 Nassau Street, NY, NY $765,000.00 Coop Purchase
136 West 75th Street, NY, NY $2,050,000.00  Coop Purchase
247 Driggs Avenue, BK, NY $1,400,000.00 Condo Purchase
37-18 85th Street, Jackson Heights, NY $650,000.00 Coop Sale
295 St. John’s Place, NY, NY $1,210,000.00  Coop Purchase
360 East 72nd Street, NY, NY $1,107,000.00   Coop Purchase
134-136 Powers Street, BK, NY $975,000.00 Condo Purchase

From Reuters: Low Inventory to Drive Housing Prices Upward in 2022

Housing prices are expected to rise by over 10 percent this year, according to projections published by Reuters. This trend, driven by scarcity of property for sale and higher-than-expected-demand, has also been driven by low interest rates, though these are expected to rise. While this is only a projection, and may be affected by outside circumstances such as the Covid-19 pandemic and global instability, the current seller’s market is expected to continue through 2024.

You can read the article in full here, and as always feel free to give us a call if you have questions about buying or selling residential real estate.

NYC Real Estate Attorney’s Closing Report: December 2021

Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.

Property Value Transaction
220 East 67th Street, NY, NY $335,000.00 Coop Purchase
20 West 64th Street, NY, NY $1,795,000.00 Condo Sale
255 East 74th Street, NY, NY $1,550,000.00 Condo Purchase
281 West 11th Street, NY, NY $545,000.00  Coop Purchase
270 West 19th Street, NY, NY $2,750,000.00 Condo Sale
35-21 79th Street, Jackson Heights, NY $270,000.00 Coop Purchase
310 Lexington Avenue, NY, NY $600,000.00 Coop Sale
318 Knickerbocker Avenue, BK, NY $825,000.00 Condo Purchase
40 East 88th Street, NY, NY $1,425,000.00 Coop Sale
458 West 23rd Street, NY, NY $675,000.00 Coop Sale

New York’s Real Estate Market is Back and Surging with Demand

In March of 2020, New York became the epicenter of the global COVID-19 pandemic, forcing the state to enact a series of pandemic restrictions. Many New Yorkers fled the city to suburban areas like Woodstock, Wappingers Falls, and Fairfield, Connecticut.[1] Residential spaces went vacant, and asking prices increasingly dropped to lure buyers. Homeowners, uncertain of what the pandemic would bring, decided not to sell their homes, “afraid that they would not be able to find another affordable home.”[2] As a result, the real estate market saw a significant decline in the purchase and sale of co-ops, condos, and houses.

However, in early 2021, schools began to reopen for in-person classes, more businesses opened their doors to the public, and employees slowly returned to the office. Many New Yorkers who had left the city to escape the coronavirus outbreak returned home and entered the real estate market, looking to purchase a home. Some were searching for more space than they had before, while others were simply ready to get out of the suburbs and into the hustle and bustle of New York City. With more and more sellers willing to let go of their homes and even more buyers eager to purchase, New York’s real estate market once again bloomed.

The housing inventory in New York City, however, has hit an unprecedented low as more buyers than sellers entered the market in late 2021. Fierce competition for co-ops, condos and houses in New York City ensued, “spurred by the same group that left the city at the start of the pandemic: affluent renters and buyers with the means to move.”[3] Currently, it is predicted that New York’s real estate market will continue to be fierce in 2022 as buyers will try to lock in lower mortgage prices before the mortgage rate increase.

This is an exciting time in the market in NYC and there are new properties starting to come online for the spring market. We are hoping that New York City comes out of the winter stronger than ever. If you have any questions about buying or selling residential property in New York City, don’t hesitate to give us a call!

[1] https://therealdeal.com/2022/02/27/beavers-home-maintenance-bedevil-ex-new-yorkers-upstate/

[2] https://www.nyrentownsell.com/blog/low-housing-inventory/

[3] https://www.nytimes.com/2021/12/31/realestate/in-2021-new-yorks-housing-market-made-a-stunning-comeback.html

 

 

Electronic Notarizations to be Permitted in New York

Efforts to quarantine the novel coronavirus pandemic have created several obstacles to real estate closings in New York City, especially as regards in-person notarizations. As more business transactions are conducted remotely and social distancing orders remain in place, many states have passed legislation to permit remote online notarizations.

On December 22, 2021, Governor Kathy Hochul signed Senate Bill 1780C. The bill allows for notarization to be completed electronically with the use of video and audio conference technology in the state of New York. The law is to be effective on June 20, 2022. While the Secretary of State is required to provide regulations setting the standards for remote online notarizations, there are a few regulations identified in the bill that are worth highlighting.

Under the bill, notaries will be permitted to conduct electronic notarizations using an electronic device that “allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.”* However, notaries are required to register with the Secretary of State in order to notarize electronically .

Further, the bill notes that the methods for identifying document signers for an electronic notarization will be the same as are required for in-person notarization.** Nevertheless, the following regulations are to be followed when conducting electronic notarizations:

1. The signal transmission shall be secured from interception;
2. The signal transmission shall be live, in real time; and
3. The technology shall permit the notary to communicate and identify the signer.

For example, the notary may verify the signer’s identity through authentication methods such as a credential analysis of the signer’s identification card or utilize a third-party identity verification system.

Further, notaries will be allowed to use an electronic signature to sign documents, but the notary must be located in the state of New York at the time of transaction. Additionally, notaries will be required to keep a recording of the video and audio conference for a period of at least ten (10) years from the date of transaction, along with the type of identification shown to the notary at the time of the transaction.

Due to the uncertainty of how remote online notarizations will be regulated in New York, notaries and document signers are encouraged to utilize in-person notarizations until these regulations are released by the Secretary of State.

 

*Senate Bill §1780C

**See §137-A(2)(F)

From the NYTimes: How ‘Cool Roofs’ Can Help Fight Climate Change

In response to recent heat waves that have buffeted New York City, the cool roof initiative is taking action. “NYC CoolRoofs” plans to transform city roofs into cool roofs with a new coat of white paint. These lightened roofs can help decrease the temperatures of the building, cutting down on air conditioning and energy use and helping the city decrease its carbon footprint. If interested in more information on cool roofs in NYC, check out the article here.

NYC Real Estate Attorney’s Closing Report: November 2021

Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.

Property Value Transaction
175 Spencer Street, BK, NY $665,000.00 Condo Purchase
4 Bogardus Place, NY, NY $417,500.00 Coop Purchase
125 Eastern Parkway, BK, NY $1,025,000.00 Coop Purchase
50 Lexington Avenue, NY, NY $924,000.00 Coop Sale
221 East 18th Street, BK, NY $499,000.00 Coop Sale
7 East 14th Street, NY, NY $494,000.00 Coop Purchase
205 East 78th Street, NY, NY $1,530,000.00 Coop Purchase
326 6th Avenue, BK, NY $850,000.00 Coop Purchase
133 Jackson Street, BK, NY $1,275,000.00 Condo Purchase
14 Horatio Street, NY, NY $622,000.00 Coop Purchase

From Forbes: New York After Covid-19: How are Rent and Real Estate Prices Doing?

Covid-19 and Hurricane Ida shook New York City this past year, and many feared that NYC real estate would not be able to bounce back. However, the market has already shown increases in single-family home and condominium prices, as well as rental prices across all five boroughs. This article walks through the drastic effects of Covid-19 and Hurricane Ida on NYC’s real estate and its ongoing road to recovery. We recommend checking it out here for more information.

NYC Real Estate Attorney’s Closing Report: October 2021

Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.

Property Value Transaction
199 Bowery, NY, NY $1,040,000.00 Condo Purchase
138 Broadway, BK, NY $2,355,000.00 Condo Purchase
225 Central Park West, NY, NY $1,615,000.00 Coop Purchase
13 West 13th Street, NY, NY $930,000.00 Coop Sale
448 West 37th Street, NY, NY $1,497,000.00 Condo Purchase
305 West 16th Street, NY, NY $1,670,000.00 Coop Purchase
467 Central Park West, NY, NY $1,040,000.00 Condo Purchase
1107 Prospect Avenue, BK, NY $1,330,000.00  Condo Purchase
400 East 56th Street, NY, NY $1,592,415.00 Coop Sale
100 Riverside Blvd, NY, NY $1,200,000.00 Condo Sale