Building types in Brooklyn

Sponsor resale condo units in Brooklyn

Brooklyn sponsor units frequently sit in small buildings where the sponsor still controls the board, the budget and the pace of the punch list.

What is different about buying a sponsor resale condo unit in Brooklyn?

Quick Answer

Brooklyn sponsor units frequently sit in buildings small enough that the sponsor still controls the board. That control decides the budget, the reserve funding and whether construction defects get fixed, and it matters more to a purchaser than the plan’s cost allocation does.

Which condominiums of this kind are actually in Brooklyn?

  • Unsold units in small and mid-size buildings across Bedford-Stuyvesant, Crown Heights, Bushwick and Sunset Park
  • Units in larger downtown and waterfront buildings held back during slower sales periods
  • Buildings where the sponsor retains enough units to appoint a majority of the board
  • Positions taken over by successor investors from the original developer

What changes about the waiver and the loan file in Brooklyn?

  • A sponsor-controlled board is a governance fact a purchaser should confirm, because it decides how construction defects are handled
  • Sponsor holding percentage is a warrantability input, and in a small building the percentage is high by arithmetic
  • The right of first refusal waiver is still the approval step, and a sponsor-controlled board issues it to itself without difficulty
  • The lender will want the plan, the amendments and the current budget, not only the contract

Which taxes and recording steps apply in Brooklyn?

  • The plan commonly shifts the state and city transfer taxes to the purchaser, and that shift counts as consideration
  • Mortgage recording tax applies to the recorded mortgage, and the deed and mortgage record with the City Register through ACRIS
  • Where the building holds a construction tax benefit, the step-down schedule applies to the purchaser exactly as it would on a first sale
  • The mansion tax is reached on part of this stock, mostly downtown and on the waterfront

What pattern does a purchaser meet in Brooklyn?

  • Ask who sits on the board and how many units the sponsor still holds, because a sponsor-controlled board rarely sues itself over a defect
  • Reserve funding under a sponsor-controlled board tends to be minimal, and the assessment arrives after control passes to the owners
  • Common charge arrears owed by the sponsor show up in the financials and reduce what the building can spend
  • Where the sponsor has rented units, the purchaser should establish delivery condition and tenancy status in the contract

What does sponsor control of a Brooklyn condo board mean in practice?

It means the party responsible for construction defects also controls the body that would pursue them. A sponsor-appointed board is unlikely to fund litigation or a reserve against the sponsor’s own work. The consequences usually surface after control passes to the owners, as a special assessment.

How do you find out how many units the sponsor still owns?

Ask the managing agent for the current unit ownership schedule and read the condominium’s financial statements and budget. ACRIS shows which units have been deeded out, which is another route. Lenders ask the same question as a warrantability test, so the number will surface either way.

What else should you read before closing on one of these?

In the glossary

This building type, borough by borough

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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.