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
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
- 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...
- 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 ...
- 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...
- LienA claim against property securing payment of a debt. Liens rank by priority, and closing normally means paying or releasing every one ahead of the ...
- FISP (Facade Inspection Safety Program)The Department of Buildings program requiring periodic facade inspection and filing for buildings over six stories, on a five-year cycle with stagg...
- Closing statementThe itemized accounting of every credit, debit and disbursement at a closing. Commercial deals use a HUD-1 or ALTA settlement statement; consumer m...
- 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
- What does a co-op financing cap mean?A co-op financing cap limits how much of the price a buyer may borrow, set by board policy rather than statute. How it affects contracts and board ...
- 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...
- What is the difference between common charges and maintenance?Condo common charges fund operations only, with taxes billed separately. Co-op maintenance bundles operations, property taxes and the underlying mo...
- What is a non-warrantable condo?A non-warrantable condo fails secondary market eligibility, so conventional financing is unavailable. What causes it and how buyers finance around it.
Building types
- Standard co-opThe ordinary New York City cooperative: you buy shares in a corporation and receive a proprietary lease to occupy a specific apartment.
- 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 ...
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