Buying Into a Housing
Co-op
Financing the
Purchase
How Can I Find a Co-op in My Area?
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Thinking of buying
a cooperatively owned house or apartment? If you are, you may have
noticed that housing co-ops are a bit different than other types of homeownership. Here's
what's involved:
What is a housing cooperative?
A housing cooperative is formed when people join with each other on a democratic basis to
own or control the housing and/or related community facilities in which they live. Usually
they do this by forming a not-for-profit cooperative corporation. Each month they simply
pay an amount that covers their share of the operating expenses of their cooperative
corporation. Personal income tax deductions, lower turnover rates, lower real estate tax
assessments (in some local areas), controlled maintenance costs, and resident
participation and control are some of the benefits
of choosing cooperative homeownership.
What do you actually own?
The main distinction between a housing co-op and other forms of homeownership is that in a
housing co-op you don't directly own real estate. But if you don't own real estate, what
exactly are you buying? You are buying shares or a membership in a cooperative housing
corporation. The corporation owns or leases all real estate. As part of your membership
(being a shareholder) in the cooperative you have an exclusive right to live in a specific
unit (this is established thorough a occupancy agreement or proprietary lease) for as long
as you want, as long as you don't break any of the rules or regulations of the
cooperative. As part of your membership, you also have a vote in the affairs of the
corporation.
What does the share or membership purchase price involve?
When you buy a share or membership in a housing cooperative, you are paying for just
that-a share of the cooperative housing corporation. The purchase price will vary
depending on what kind of neighborhood it is in, how big the unit is, whether the co-op
limits resale prices, and whether the co-op has an underlying mortgage for the entire
property
What is a share loan?
Let's say you were going to buy a $100,000 home. Most likely you would not be able to pay
the seller $100,000 in cash for the house. Instead, you would pay a down payment, and you
would get a mortgage from a lender to cover the rest of the purchase price. In a co-op,
since you are actually buying a share(s) in a corporation rather than real estate, you get
a type of loan called a share loan from a lender. A share loan is like a mortgage. It
provides you with borrowed funds to buy the share(s) from the seller. You then make
monthly payments on the share loan to the lenders and monthly carrying charge
(maintenance) payments to the co-op.
How do I accumulate equity?
Good question. It actually depends on what type of cooperative you are buying into. There
are three different types of housing cooperatives as far as equity is concerned.
Market-rate housing cooperatives
In a market-rate cooperative you can buy or sell a membership or shares at whatever price
the market will bear. Purchase prices and equity accumulation are very similar to
condominium or single-family ownership.
Limited-equity housing cooperatives
In a limited-equity housing cooperative (LEC) there are
restrictions on what outgoing members can get from sale of their
shares. These are usually imposed because the co-op's members
benefit from below-market interest rate mortgage loans, grants,
real estate tax abatement, or other features that make the housing
more "affordable" to both the initial and future residents for a
specified period of time. In some co-ops these limitations are
voluntarily imposed by the members. These restrictions are usually
found in the cooperative's bylaws. The documents may also
establish maximum income limits for new members to further target
the special benefits of the housing to families who need them the
most.
Leasing cooperatives (or zero-equity)
In a leasing cooperative, the cooperative corporation leases the
property from an outside investor (often a nonprofit corporation
that is set up specifically for this purpose). Since the
cooperative corporation does not own any real estate, the
cooperative is not in a position to build up any equity (just as a
renter doesn't build any equity). However, as a corporation, the
cooperative is often in a position to buy the property if it comes
up for sale later and convert to a market rate or limited-equity
cooperative. And some leasing cooperatives allow outgoing members
to take with them at least part of their share of the cash
reserves built up by the cooperative corporation while they were
in occupancy.
What are the monthly charges for?
Almost all co-ops charge residents a monthly carrying charge (often called a monthly
maintenance fee). The amount of the monthly charge varies from co-op to co-op. The charges
cover your proportionate share of operating and maintaining the cooperative, which can
include blanket mortgage payments, property taxes, management fees, maintenance costs,
insurance premiums, utilities, and contributions to reserve funds.
Do I pay real estate taxes?
Taxes are assessed on the cooperative corporation, as owner of the property. Your monthly
payments to the co-op are, in part, used by the co-op to pay the real estate taxes. Even
thought you don't pay real estate taxes directly, federal tax law allows you to deduct
your share of the co-op tax payments, as well as your mortgage interest payments, on your
personal income tax return.
Are co-ops allowed to discriminate?
Like any other form of housing, cooperatives may not discriminate based on the
protected classes listed in the Fair Housing Act, which includes race, color, religion,
sex, familial status, national origin, or disability. Historically,
the basic cooperative principles include both open membership
without restriction as provided by law and non-partisan in politics
and non-sectarian in religion. However, many co-ops are selective
in approving memberships. As communities of people who share a financial obligation and
responsibility for governing how they want to live together, it is important for co-ops to
ensure that incoming members can meet their financial obligation and will abide by the
rules of the community.
What do most housing cooperatives look like?
Co-ops can be almost any time of housing, and there is a wide variety in terms of what
housing cooperatives look like. Housing cooperatives can be high-rise apartment buildings,
garden-style apartments, townhouses, single-family homes, and senior housing.
There are other kinds of housing cooperatives. Mobile home park
cooperatives usually own the land, utilities, and community
facilities; their members own the individual "mobile homes." Some
other housing cooperatives own land and community facilities and use
legal documents including recorded covenants as the basis for
maintaining the desired cooperative controls over functioning of the
cooperative community.
What questions should I ask before buying into a
cooperative?
Remember, since you are buying a share of a corporation that owns real estate, you will
want to find out about the financial health of the corporation. You will also want a clear
understanding of what your financial obligations to the cooperative will be. Be sure to
find out what all the rules and regulations of the community are. Here are some sample
questions to ask before making your investment:
What is the share price?
Where can I obtain share loan financing?
How much are the monthly carrying charges?
What is the underlying mortgage?
What is your pet policy?
What is your subletting policy?
What is the policy for making alterations to my unit?
Confused on any of these terms? Check out our glossary.
Also, to understand your rights and responsibilities as a co-op resident, visit "Living in a Housing Cooperative." If you have any
legal questions about co-ops, you should be sure to consult an attorney.
I'm interested in moving into a housing cooperative. How can
I find a co-op in my area?
A local real estate professional may be able to offer assistance. You may also want to
consult your local yellow pages. In many cities you can find co-ops listed under the
apartments section. See finding co-ops.
For a list of co-ops in the Southeastern Michigan area, send a stamped self addressed
envelope to MAHC, 37140 Goddard, Romulus, Michigan 48174.