Directs condominium and cooperative housing associations to complete capital reserve studies, including a thirty-year funding plan, in order to ensure that the condominium or cooperative housing association has adequate reserve funds available to repair or replace the assets located on the property that the association is obligated to maintain without the need to create any special assessment or loan obligation; specifies the content of the study; requires the study to be filed with the attorney general.
Impact
If enacted, S07600 will significantly impact how condominium and cooperative housing associations manage their finances and future capital projects. By necessitating a thirty-year funding plan as part of the capital reserve study, associations must assess their current and future financial needs more realistically. This proactive approach to funding may lead to better maintenance of properties and improved financial stability within these housing communities, ensuring that they can meet the repair needs without relying heavily on special assessments—which can be burdensome for residents.
Summary
The New York Senate Bill S07600 aims to amend the real property law to mandate that condominium and cooperative housing associations conduct capital reserve studies. This requirement is intended to ensure that these associations maintain adequate reserve funds that can cover the repair or replacement of necessary property assets without imposing special assessments or incurring loan obligations. The bill stipulates that the studies should align with recognized national standards, thus promoting consistency across housing associations and improving financial preparedness for maintenance issues.
Contention
While the bill garners support for promoting financial accountability within housing associations, there could be points of contention regarding the feasibility and impact of these mandated studies. Potential detractors may argue that small associations, particularly those with fewer resources, might struggle with the compliance costs associated with conducting and filing these studies. Additionally, concerns could arise about the enforcement mechanism, particularly as the bill empowers the Attorney General to audit and review these studies. Critics might express concern over whether this introduces unnecessary regulatory burdens on already struggling associations, especially in economically challenging times.
Provides that the assessment of residential cooperatives, condominiums and rental property shall not apply to certain condominiums unless such condominiums are participating in an affordable housing tax credit program or has a regulatory agreement.
Relates to assessments of residential cooperative, condominium and rental property; defines the term "the assessment which would be placed upon such parcel were the parcel not owned or leased by a cooperative corporation or on a condominium basis".
Requires that the board of directors or board of managers of a converted cooperative or condominium, as the case may be, must be comprised of a majority of members elected by shareholders or owners in occupancy so that control of the converted cooperative or condominium is turned over to the unit owners as soon as possible; applies only to plans of 20 or more units.
Relates to the disclosure of information on the fiscal health of a condominium, cooperative apartment building or cooperative community to prospective buyers, current owners and the condominium board or the cooperative board.
Establishes a tax credit for the installation of electrical outlets for charging electric cars in certain parking garages owned by condominium management associations or cooperative housing corporations.
Expands the New York state low income housing tax credit program to certain one to four family residences, including a cooperative or a condominium unit.
Provides that assessed values of cooperative units and condominiums shall not increase by more than 3% in the two years following resolution of tax certiorari proceedings.