Thwaites Terrace House Owners Corp. - Page 5

                                          5                                           
          employees.  Petitioner provides laundry facilities for its                  
          tenant-shareholders.                                                        
               Petitioner is not required to rebate to its members the                
          excess of its charges collected from them over its operating                
          costs, and its members have no right to receive those                       
          distributions.                                                              
          B.   Petitioner's Proprietary Lease                                         
               Petitioner's tenant-shareholders, because of their ownership           
          of stock in the corporation, may have proprietary leases2 which             
          entitle them to live in an apartment of petitioner.                         
               Each shareholder must sign a proprietary lease with                    
          petitioner.  The proprietary lease used by petitioner during the            
          years in issue referred to tenants as "lessees".  It required               
          each lessee to pay rent (called "maintenance") in equal monthly             
          installments.  A lessee could occupy only the apartment he or she           
          leased.  Monthly rent equaled the lessee's pro rata share of "the           
          estimated amount in cash which the Directors * * * determine to             
          be necessary" to operate, maintain and improve the property, and            
          to create a reserve for contingencies, repairs, and replacements.           
          The lease provided that petitioner's Board of Directors "from               
          time to time in its judgment" shall determine the annual                    
          obligation of each lessee.  The lease authorizes the Board of               


               2 A proprietary lease allows a shareholder in a cooperative            
          to possess an apartment in the cooperative.  Black's Law                    
          Dictionary 890 (6th ed. 1990).                                              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011