Compliance

Corporate Transparency Act (CTA): Compliance Guide for NYC Co-op & Condo Boards

The Corporate Transparency Act (CTA) is now in effect, requiring many corporations and LLCs—including cooperative and condominium associations—to disclose their beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN).

With a compliance deadline of March 21, 2025, NYC co-op and condo boards must take proactive steps to determine their obligations, collect the necessary information, and ensure timely reporting to avoid potential penalties.

How the CTA Affects NYC Co-op & Condo Boards

Most cooperative housing corporations (co-ops) and condominium associations (condos) structured as corporations or LLCs will be required to comply with the CTA’s reporting requirements. The law is aimed at increasing corporate transparency to prevent financial crimes, but it also introduces new compliance responsibilities for residential buildings.

Who Is Required to File?

  • Cooperative Housing Corporations (Co-ops): Most co-ops are structured as corporations and must file a Beneficial Ownership Information (BOI) Report.

  • Condominium Associations (Condos): Condos registered as LLCs or corporations must also file, unless they qualify for an exemption.

  • Exemptions: Certain entities, including large operating companies meeting specific revenue and employee thresholds, may be exempt. However, most co-op and condo boards in NYC will likely be subject to the CTA.

Required Information for Reporting

Each affected entity must submit a BOI Report that includes:
Entity Details: Legal name, current business address, and Federal Employer Identification Number (EIN).
Beneficial Owners: Full legal name, date of birth, residential address, and a valid government-issued ID number.

Who Qualifies as a "Beneficial Owner"?
For co-ops and condos, a beneficial owner generally includes:

  • Board members who exercise substantial control over the corporation’s affairs.

  • Shareholders of a co-op who hold significant ownership stakes.

  • Individuals who influence financial or operational decisions of the corporation or association.

Key Compliance Deadlines

  • March 21, 2025: Filing deadline for entities formed before January 1, 2024.

  • Entities formed in 2024: Must file within 90 days of their registration date.

  • Entities formed in 2025 and beyond: Must file within 30 days of registration.

Pending Legislation: The U.S. Senate is considering an extension of the deadline to January 1, 2026, for older entities, but this has not yet been enacted.

Action Plan for NYC Co-op & Condo Boards

1. Confirm Whether Your Entity Must File

Most co-op and condo corporations in NYC will be required to file unless they qualify for an exemption.

2. Identify Beneficial Owners

Compile a list of board members and shareholders who meet the "substantial control" or ownership criteria.

3. Gather Required Documentation

Ensure you have valid identification and entity details needed for submission.

4. Submit the BOI Report

  • Reports must be filed electronically through FinCEN’s portal (https://fincen.gov/boi).

  • There is no filing fee, but failure to comply may result in significant penalties.

Consequences of Non-Compliance

Failure to submit the required information may result in:
- Civil penalties of up to $500 per day for late filings.
- Criminal penalties, including potential fines and imprisonment for willful violations.

It is imperative that NYC co-op and condo boards take immediate steps to ensure compliance and avoid unnecessary legal and financial risks.

Next Steps & How Total Management NYC Can Assist

Navigating the Corporate Transparency Act can be complex, particularly for co-op and condo boards managing residential buildings in NYC. Our team at Total Management NYC is available to provide guidance and support in ensuring compliance with the new requirements.

Stay informed, remain compliant, and ensure your co-op or condo association is prepared for the CTA’s reporting requirements. Total Management NYC is here to assist every step of the way.

Local Law 157

Local Law 157 of 2016 mandates the installation of natural gas detectors in all residential buildings in New York City. This legislation was enacted following a series of deadly gas explosions in the city, highlighting the critical need for early detection of gas leaks to enhance resident safety.

nyc.gov

Key Requirements of Local Law 157:

  • Scope of Application: The law applies to all residential properties, including private dwellings, Class A multiple dwellings (such as condos, co-ops, and multifamily rental buildings), and Class B multiple dwellings (such as hotels, lodging houses, and dormitories). Buildings without gas lines or gas service are exempt from this requirement.

    fsresidential.com

  • Installation Deadline: Property owners are required to install compliant natural gas detectors by May 1, 2025.

    nyc.gov

  • Detector Specifications: Detectors must comply with the National Fire Protection Association (NFPA) standard 715, established in April 2022. They should be installed on either the ceiling or a wall, with wall installations positioned no more than 12 inches from the ceiling. The detectors must be located at least 3 feet but not more than 10 feet from any fuel-gas-burning appliance. Acceptable detectors include hardwired, plug-in, or battery-powered models, provided they meet the required standards.

    rules.cityofnewyork.us

  • Installation Responsibility: Hardwired detectors must be installed by a New York City licensed electrical contractor who has obtained all required permits. In contrast, battery-powered and plug-in detectors can be installed by the building owner, maintenance personnel, or the occupant.

    fsresidential.com

  • Maintenance and Replacement: While property owners are responsible for the initial installation, occupants are responsible for the maintenance and repair of battery-operated devices within their dwelling units. Owners must replace detectors upon expiration of their useful life or if they are stolen, removed, found missing, or rendered inoperable.

    nyc.gov

Compliance with Local Law 157 is crucial for ensuring the safety of residents and avoiding potential fines. Property owners should assess their buildings promptly, select appropriate detectors, and schedule installations well before the May 1, 2025, deadline.