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flip taxMar 31, 2007


Whoa, whoa, whoa, people! Go back and look at the first reply, from AdC.

First, remember that your board is made up of people like you: non-experts who are trying to run a business so that it benefits you.

So if you immediately get into a legal battle, the board will have no other option than to get its lawyer involved. Perhaps you would rather have a conversation with them first, instead.

You could say, "I understand that you have changed / are considering changing the the flip tax rule so that it no longer applies to trust transfers. Of course, I just paid a flip tax in just such a situation. Can you tell me the reason you're going to change it now?"

Second, remember that, as AdC put it, you may have transfered your apartment a few months too soon to take advantage of the benefit. This happens all the time in life -- you're either a shade too early or a shade too late. It is not an outrage, it's the way the world works. So prepare to accept that, in this case, fortune didn't shine on you.

Third, understand that these trust inheritances are a legal maneuver to get around laws and regulations that apply to all of us. (One real estate lawyer told me that in the legal business, the trust inheritance is called Poor Man's Estate Planning.) So realize that all the trust does is transfer shares -- it does not allow you to live in the apartment or to sublet it, unless your board has specifically allowed that.

Fourth, before you get steamed about this, understand that as shareholders YOU are part owners of the business. If YOU don't want to pay in to support the business, then you are expecting your neighbors to shoulder YOUR financial obligation. That's not fair to them. If cooperative ownership is not your cup of tea, you should sell the apartment.

Finally, do talk with a lawyer if you wish, but do so to find out your rights and responsibilities under the proprietary lease (I assume you haven't read it -- almost no one does). Don't let the lawyer start sending letters until you A) understand what you may and may not do in a co-op, and B) before you have had a reasonable discussion with the board.

I hope this helps. You may e-mail me if you have other questions.


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