Closing questions

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 purchaser.

Who pays a co-op or condo assessment at closing?

Quick Answer

Whoever the contract says. The common arrangement is that the seller pays installments through the closing date and the purchaser carries the balance, with a lump sum levied before contract falling on the seller. Unpaid amounts are collected at the table, because the building can lien the apartment.

An assessment outlives the closing, which is what makes it a question of allocation. Boards levy them for a roof, a facade cycle, elevator work or a boiler, often payable monthly across several years, so a sale in the middle of one raises something the standard form does not answer: who carries the installments falling due after the apartment changes hands.

Facade work drives many of them in New York City. Buildings above a set height must inspect and repair their exterior walls on a recurring cycle under the City’s facade inspection program, and the cost of the repairs that inspection reveals is a common reason a building assesses its owners over several years.

Allocation between buyer and seller is a contract term. Where an assessment is payable in installments, the parties have to agree who carries the remaining balance after closing, and where it was levied but not yet billed, whether the seller pays it at all. Silence produces an argument on closing day rather than a clean adjustment.

For diligence, an assessment is a signal as much as a cost. Read the board minutes and the financial statements for what the assessment funds, whether the reserve was depleted, and whether more work is anticipated. A building that assesses regularly and reserves poorly will keep doing both.

Who pays an existing assessment when an apartment is sold?

Whoever the contract says. A common approach is that the seller pays installments through the closing date and the purchaser takes the balance, with the whole amount payable by the seller if the board levied it in a lump sum before contract. The point is to write the allocation down rather than leave it to custom.

Does an unpaid assessment become a lien?

In a condominium it can, along with unpaid common charges, and the association may file and enforce it against the unit. In a cooperative the corporation’s lien attaches to the shares. Either way the search picks it up, and the balance is collected at closing before the transfer is allowed to proceed.

What else should you read before closing?

In the glossary

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