An apartment cooperative will typically involved a corporation renting apartments to people who are also owners of stock in the corporation. The apartment complex is owned by the corporation.
Two basic documents are ordinarily involved in the transfer of a member's or stockholder's interest in a cooperative apartment corporation: (1) an agreement for the purchase and sale of the proprietary lease and the appurtenant membership or stock; and (2) the instrument of assignment. Also, it is common to have an assumption by the Assignee of the liabilities under the Lease.
The agreement of purchase and sale is similar in format to an agreement for the sale of real property. The seller agrees to assign all rights under the proprietary lease covering the unit, and to sell the membership or stock in the corporation. The seller also agrees to procure the consent of the corporation to the transfer if this is required in the proprietary lease. The purchaser agrees to pay the purchase price and to submit references to the corporation and otherwise cooperate in procuring its consent to the transfer, and also promises to execute an agreement in a form approved by the corporation by which the purchaser assumes and agrees to be bound by all covenants and conditions of the proprietary lease.
Harris Texas Assumption of Proprietary Lease is a legal agreement that allows an individual or entity to take over the terms and responsibilities of a lease agreement in the Harris County, Texas area. This agreement typically applies to leaseholds in cooperative housing or condominium developments, where residents do not directly own their units but instead hold shares or memberships in a cooperative corporation or association. Under the Harris Texas Assumption of Proprietary Lease, the assumption (the party assuming the lease) agrees to fulfill all the obligations set forth in the original lease, while the lessor (the party renting out the unit) acknowledges the transfer of lease responsibility. This assumes that the assumption meets all the necessary eligibility criteria and undergoes any required screening or approval process by the cooperative corporation or association. In Harris Texas, there may be different types of assumption of proprietary leases, including: 1. Individual Assumption: This type of assumption occurs when an individual tenant wishes to transfer their lease rights and obligations to another eligible individual, such as a family member, friend, or interested party. 2. Corporate Assumption: In some cases, a corporation or business entity may assume a proprietary lease, often for investment purposes or to provide housing for employees. This type of assumption involves additional legal considerations and may require more extensive documentation. 3. Transfer within Cooperative: When a resident within a cooperative housing development wishes to move to a different unit within the same complex, an assumption of proprietary lease can be used to facilitate the transfer of leasehold rights to the new unit. It is important to note that the specific terms and conditions of the Harris Texas Assumption of Proprietary Lease can vary depending on the cooperative corporation or association, as well as any local or state regulations that may apply. Individuals interested in assuming a proprietary lease should consult with legal professionals familiar with the laws and regulations in Harris County, Texas to ensure compliance and a smooth transition of lease rights.Harris Texas Assumption of Proprietary Lease is a legal agreement that allows an individual or entity to take over the terms and responsibilities of a lease agreement in the Harris County, Texas area. This agreement typically applies to leaseholds in cooperative housing or condominium developments, where residents do not directly own their units but instead hold shares or memberships in a cooperative corporation or association. Under the Harris Texas Assumption of Proprietary Lease, the assumption (the party assuming the lease) agrees to fulfill all the obligations set forth in the original lease, while the lessor (the party renting out the unit) acknowledges the transfer of lease responsibility. This assumes that the assumption meets all the necessary eligibility criteria and undergoes any required screening or approval process by the cooperative corporation or association. In Harris Texas, there may be different types of assumption of proprietary leases, including: 1. Individual Assumption: This type of assumption occurs when an individual tenant wishes to transfer their lease rights and obligations to another eligible individual, such as a family member, friend, or interested party. 2. Corporate Assumption: In some cases, a corporation or business entity may assume a proprietary lease, often for investment purposes or to provide housing for employees. This type of assumption involves additional legal considerations and may require more extensive documentation. 3. Transfer within Cooperative: When a resident within a cooperative housing development wishes to move to a different unit within the same complex, an assumption of proprietary lease can be used to facilitate the transfer of leasehold rights to the new unit. It is important to note that the specific terms and conditions of the Harris Texas Assumption of Proprietary Lease can vary depending on the cooperative corporation or association, as well as any local or state regulations that may apply. Individuals interested in assuming a proprietary lease should consult with legal professionals familiar with the laws and regulations in Harris County, Texas to ensure compliance and a smooth transition of lease rights.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.