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.
Los Angeles, California Assumption of Proprietary Lease is a legal document that outlines the terms and conditions for the transfer of rights and obligations associated with a proprietary lease agreement in a cooperative housing arrangement. This type of lease is frequently used in Los Angeles, California, where cooperative housing is prevalent. A proprietary lease is typically granted to residents in a cooperative building, allowing them to occupy a specific unit within the building while also granting them certain ownership interests in the entire property. However, when a resident decides to transfer their lease agreement to another individual, the Assumption of Proprietary Lease comes into play. The Assumption of Proprietary Lease specifies the procedures and requirements that both the assignor (current leaseholder) and the assignee (new leaseholder) must follow to effect the transfer. It outlines the responsibilities of the assignor to provide accurate and complete information regarding the lease and the cooperative's rules and regulations. The assignee, on the other hand, agrees to abide by the terms of the existing lease and any additional conditions set forth by the cooperative board. This document is crucial for both parties involved as it ensures a smooth and lawful transition of the lease. It protects the interests of the assignor by documenting the transfer and relieving them of any further obligations, while simultaneously safeguarding the rights of the assignee by guaranteeing their legal occupancy and rights as a shareholder of the cooperative association. In Los Angeles, several types of Assumption of Proprietary Lease may exist, depending on the specific cooperative housing arrangement. This could include variations such as Assumption of Proprietary Lease for luxury co-ops, affordable housing co-ops, senior housing co-ops, or mixed-income co-ops. Each type may have specific provisions and requirements unique to the particular cooperative style. To successfully navigate an Assumption of Proprietary Lease in Los Angeles, California, it is crucial to consult with an experienced real estate attorney who specializes in cooperative housing law. They can help guide both the assignor and assignee through the process, ensuring compliance with all legal requirements and protecting the interests of all parties involved.Los Angeles, California Assumption of Proprietary Lease is a legal document that outlines the terms and conditions for the transfer of rights and obligations associated with a proprietary lease agreement in a cooperative housing arrangement. This type of lease is frequently used in Los Angeles, California, where cooperative housing is prevalent. A proprietary lease is typically granted to residents in a cooperative building, allowing them to occupy a specific unit within the building while also granting them certain ownership interests in the entire property. However, when a resident decides to transfer their lease agreement to another individual, the Assumption of Proprietary Lease comes into play. The Assumption of Proprietary Lease specifies the procedures and requirements that both the assignor (current leaseholder) and the assignee (new leaseholder) must follow to effect the transfer. It outlines the responsibilities of the assignor to provide accurate and complete information regarding the lease and the cooperative's rules and regulations. The assignee, on the other hand, agrees to abide by the terms of the existing lease and any additional conditions set forth by the cooperative board. This document is crucial for both parties involved as it ensures a smooth and lawful transition of the lease. It protects the interests of the assignor by documenting the transfer and relieving them of any further obligations, while simultaneously safeguarding the rights of the assignee by guaranteeing their legal occupancy and rights as a shareholder of the cooperative association. In Los Angeles, several types of Assumption of Proprietary Lease may exist, depending on the specific cooperative housing arrangement. This could include variations such as Assumption of Proprietary Lease for luxury co-ops, affordable housing co-ops, senior housing co-ops, or mixed-income co-ops. Each type may have specific provisions and requirements unique to the particular cooperative style. To successfully navigate an Assumption of Proprietary Lease in Los Angeles, California, it is crucial to consult with an experienced real estate attorney who specializes in cooperative housing law. They can help guide both the assignor and assignee through the process, ensuring compliance with all legal requirements and protecting the interests of all parties involved.
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.
