Closing questions
Do sponsor units skip board approval?
Sponsor sales of unsold co-op shares usually avoid board consent under the offering plan. What the purchaser still files, and what the board still controls.
Do sponsor units skip board approval?
Quick Answer
The exemption comes from the offering plan, not from custom. The plan typically reserves to the sponsor and to holders of unsold shares the right to sell or sublet without board approval, and that reservation is what removes the package and the interview. Read the clause rather than accepting the broker’s summary of it.
The exemption can lapse. Some plans limit it to the original sponsor, some end it after a stated period or after a share threshold is reached, and some distinguish a successor who bought in bulk from one who did not. Where the reservation no longer applies, the purchaser is in the ordinary approval process with no time budgeted for it.
A notice still goes in. The managing agent needs the contract, the purchaser’s details, the transfer paperwork and often an information form so the building can issue closing figures and update its records. That is administrative rather than discretionary, but it has its own timeline and it can still stall a closing.
After closing the purchaser is an ordinary shareholder. The apartment is bound by the house rules, alterations need the building’s consent under the alteration agreement, and any sublet follows the building’s policy, whatever the sponsor was permitted to do. The exemption covered the purchase, not the ownership that follows it.
Does skipping the board make a sponsor sale faster?
Often, because the weeks spent assembling a package and waiting for a meeting disappear. The pace then depends on the lender, on the managing agent producing closing figures, and on the sponsor’s own scheduling. A sponsor with many units in contract can be slower to reach a closing date than a motivated individual seller.
Can a purchaser still be turned away on a sponsor unit?
The board cannot decline the transfer where the plan exempts it, but the transaction can still fail for other reasons: financing, a lender that will not lend in the building, unpaid charges on the unit, or a dispute over which side pays the transfer taxes. The exemption removes one obstacle, not all of them.
What else should you read before closing?
In the glossary
- Offering planThe sponsor's filed disclosure document for a co-op or condominium, carrying its budget, share or common interest allocation, building rules and sp...
- Proprietary leaseThe occupancy lease a co-op corporation grants a shareholder for a specific unit. It is assigned at closing together with the stock certificate for...
- Transfer tax (RPTT and NYS)Taxes on the conveyance itself, one City and one State. Rates step up at higher prices, and who pays is set by custom and then confirmed by the con...
- Stock certificate (co-op)The certificate evidencing the shares allocated to a co-op apartment. Shares and the proprietary lease travel together and cannot be sold separatel...
- Maintenance (co-op)The monthly charge a co-op levies on each shareholder, covering building operations plus that shareholder's share of real estate taxes and the unde...
Questions this raises
- Who pays transfer tax on a sponsor sale?Sponsor sales usually shift the state and city transfer taxes to the purchaser, and the amount is grossed up. How the offering plan controls the al...
- What are HDFC co-op income caps?HDFC co-ops cap purchaser household income under the Private Housing Finance Law, against an area median income ceiling. How the cap is measured an...
- Can you resell an HDFC co-op at market price?HDFC resale is limited by the building’s own documents: a purchaser income cap, a flip tax to the corporation and, where one exists, a resale price...
- What is a sponsor unit in a co-op?A sponsor unit is an unsold apartment still held by the converter. How the offering plan changes board approval, transfer taxes and the condition o...
- What is an alteration agreement?An alteration agreement governs renovation in a NYC co-op or condo: plans, permits, insurance, deposits, work hours and liability. What buyers shou...
- Can you sublet a co-op in NYC?Most NYC co-ops allow subletting only under strict limits: waiting periods, board approval, term caps and sublet fees. What the lease and house rul...
Building types
- Sponsor co-op unitAn unsold share allocation still held by the building’s original sponsor, sold under the offering plan rather than through the ordinary board process.
- Sponsor resale condo unitAn unsold condominium unit the sponsor still owns years after the building opened, sold under the original offering plan rather than as an ordinary...
- Standard co-opThe ordinary New York City cooperative: you buy shares in a corporation and receive a proprietary lease to occupy a specific apartment.
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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.