Closing questions
How long does a condo right of first refusal waiver take?
Condo waiver letters usually issue two to four weeks after a complete application. What actually delays them, and how to keep the closing date intact.
How long does a condo right of first refusal waiver take?
Quick Answer
The bylaws set an outer limit. They typically require notice of the contract to the board and give a stated number of days to elect or be deemed to have waived, which means the calendar is knowable from the documents. Counsel should read that clause at contract rather than at the point the closing is being scheduled.
In practice the managing agent controls the pace. The agent wants a completed application, the executed contract, the purchaser’s identification and financial information, proof of insurance, the move-in deposit and its own processing fees. Anything missing simply stops the file, and nobody calls to say so.
Arrears are the second common hold. Where the seller owes common charges, an assessment installment or a late fee, the agent will often decline to issue the waiver until the account is current or a payoff is arranged at closing. Requesting the account status early converts that from a surprise into a closing adjustment.
The consequence of a late waiver is a moved closing date, and on a financed deal that can mean a rate lock extension and a fresh set of lender conditions. Ordering the application the week of contract, and following it with the agent on a schedule, is the cheapest insurance available on a condominium file.
Can a condo closing be scheduled before the waiver arrives?
It can be penciled, but funding usually will not occur without the letter, because the lender and the closer both treat it as a condition. A date set in reliance on a waiver that has not issued tends to move, so the better practice is to confirm the letter is in hand and then fix the date.
Who orders the right of first refusal application?
Usually the purchaser’s counsel, working with the managing agent, though the seller’s side must supply the contract and the account information the agent needs. Buildings publish their own form and fee schedule, and the requirements differ enough that the current package should be requested rather than reused from an earlier file.
What else should you read before closing?
In the glossary
- Right of first refusalThe right to match an offer before a sale closes. In condominiums it is exercised or waived by the board, and the written waiver is delivered at cl...
- Common chargesThe recurring charge a condominium levies on each unit for building operations and reserves. Real estate taxes are billed to the unit directly and ...
- Assessment (co-op or condo)A charge levied by a co-op or condominium board beyond ordinary maintenance or common charges, typically to pay for a capital project. It is disclo...
- Payoff letterA lender's statement of the amount required to satisfy and release a mortgage on a specific date, with a daily interest figure for any later date.
- Clear to closeThe point at which lender conditions are satisfied and the transaction can be scheduled and funded. Title clearance and payoff figures usually have...
- Co-op lien searchThe search performed on a co-op purchase covering UCC filings, judgments, liens and unpaid building charges tied to the shares and to the selling s...
Questions this raises
- Can you do a CEMA on a condo refinance?A condo refinance can use a CEMA because the loan is a recorded mortgage. How the assignment works, what it saves, and which lenders decline to coo...
- Why is there no CEMA on a co-op?A co-op loan is secured by a UCC filing, not a recorded mortgage, so no mortgage recording tax applies and a CEMA has nothing to consolidate or save.
- Can a condo board block a sale in New York?A condo board holds a right of first refusal, not an approval right, so it rarely stops a sale. What it can do is delay one by withholding the waiver.
- Who pays a co-op or condo assessment at closing?A NYC co-op or condo assessment is allocated by the contract of sale, not by custom. How installments and lump sums get split between seller and pu...
- What happens if a co-op sale falls through after board approval?Board approval does not close a deal. What happens to escrow, the approval and the timeline when a NYC co-op deal collapses after the board has sig...
Building types
- Standard condoA New York City condominium unit: real property conveyed by deed, recorded in ACRIS, with an undivided interest in the common elements.
- Condo in a converted buildingA condominium created by converting an existing rental building, where non-purchasing tenants, the reserve fund and building-wide conditions carry ...
- Investor and pied-a-terre condo purchaseA condominium bought to rent out or to keep as a second home, where sublet policy, entity ownership and non-resident tax questions drive the struct...
The statute itself
Have a closing coming up?
Tell us about the transaction. An attorney reads every intake form and responds the same business day.
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.