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<br />/ <br /> <br />DATE: 07/92 <br />SECI10N:3334 <br />PAGE: 1 <br /> <br />...... <br /> <br />LEASEHOLD COOPERATIVES <br /> <br />When one or more dwellings or one or more buildings, which each contain several <br />dwelling units is owned by a nonprofit corporation subject to the provisions of chapter 317 <br />and qualifying under section S01(c)(3) or 501(c)( 4) of the Internal-Revenue Code of 1986, <br />as amended through December 31,1990, or a limited partnership which corporation or <br />partnership operates the property in conjunction with a cooperative association, and has <br />received public fmancing, homestead treatment may be claimed by the cooperative <br />association on behalf of the members of the cooperative for each dwelling unit occupied <br />by a member of the cooperative. The cooperative association must provide the assessor <br />with the social security numbers of tho~e members. To qualify for the treatment provided <br />by this subdivision the following conditions must be met: <br /> <br />(a) the cooperative association must be organized under chapter 308A and all voting <br />members of the board of directors must be resident tenants of the cooperative and must be <br />elected by the resident tenants of the cooperative; <br /> <br />~ (b) the cooperative association must have a lease for occupancy of the property for a term <br />of at least 20 years, which permits the cooperative association, while not in default on the <br />lease, to participate materially in the management of the property, including material <br />participation in establishing budgets, setting rent levels, and hiring and supervising a <br />management agent;' <br /> <br />(c) to the extent permitted under state or federal law, the cooperative association must <br />have a right under a written agreement with the owner to purchase the property if the <br />owner proposes to sell it; if the cooperative association does not purchase the property <br />when it is offered for sale, the owner may not subsequently sell the property to another <br />purchaser at a price lower than the price at which it was offered for sale to the cooperative <br />association unless the cooperative association approves the sale; , <br /> <br />-'> (d) a minimum of 40 percent of the cooperative association's members musthave incomes <br />at or less than 60 percent of area median gross income as determined by the United States <br />Secretary of Housing and Urban Development under section 142(d)(2)(B) of the Internal <br />Revenue Code. For purposes of this clause, "member income" means the income of a <br />member existing at the time the member acquires his or her cooperative membership; <br /> <br />(e) if a limited partnership owns the property, it must include as the managing general <br />partner a nonprofit organization operating under the provisions of chapter 317 and <br />qualifying under section SOI(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as <br />amended through December 31, 1990, and the limited partnership agreement must provide <br />