Rental Basics in New York>Question Details

Jennifer Fod…, Renter in Staten Island, NY

Moving into condo pending board approval?

Asked by Jennifer Fodor, Staten Island, NY Wed Dec 19, 2012

I am currently awaiting board approval for a townhouse in NYC, on Staten Island. The management already approved us, the owner is saying we can move in January 1st either way. I am not 100% comfortable doing this. Does this seem like something that I could do?

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jmincheff’s answer
There are a great many players in the process.

1. There's the person who owns the property. You evidently were succesful in striking an acceptable agreement with them.

2. There's the Managing Agent who processes your application and sends it onward to the condo board for their approval.

3. The condo board must issue a "waiver" of their right of first refusal before you are actually legally cleared to move-in. Any accomodation the owner gives you can be offset by the condo board. Let's say you move your property in on the say-so of the owner, you will have to move it out if the board does not issue the waiver. Although it's likely that the board will issue the waiver, there are a myriad of reasons that they may not, so you are taking a risk by moving in before the waiver is granted.
0 votes Thank Flag Link Fri Jan 18, 2013
Hi there,
Yes I am renting directly through the condo owner, and I did use a broker. The lease was signed on December 6th and submitted to management and the board. I am going tonight to pick up keys and pay the broker fee and first months (January) rent...
0 votes Thank Flag Link Thu Dec 20, 2012
Hi Jennifer. You say you're awaiting approval for a Condo but your question is under the Rental Basics section. I believe you're renting someone else's Condo apartment, yes? It that is so, and you've not signed a lease, that would be a red flag. Did you use a broker? an Attorney? Did you go it alone? There's something missing here but there is time to press for a lease which protects you both. Good luck.
0 votes Thank Flag Link Wed Dec 19, 2012
management already approved us...landlord called me today and said she spoke to someone on the board and they said it was fine for us to move in...
0 votes Thank Flag Link Wed Dec 19, 2012
you cannot do anythning without approval from the management company and board. You can check with managment about this.
0 votes Thank Flag Link Wed Dec 19, 2012
Discuss with your attorney, he/she can better advise....
0 votes Thank Flag Link Wed Dec 19, 2012
Hi, Typically attorneys don't approve or advise this either because it's not technically yours until all closing paperwork is signed. Any attorney that would allow this may draw up a "hold harmless" agreement, inquire with your attorney.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
William Raveis Legends Realty Group
0 votes Thank Flag Link Wed Dec 19, 2012
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