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

Usually yes for the sale itself. An offering plan that reserves the right to sell unsold shares without board consent means the purchaser files a notice with the managing agent rather than a package. The board still cannot be ignored, because house rules, alteration consent and sublet policy continue to apply after closing.

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

Questions this raises

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