—Converting in Coral Gables
“Specifically, pursuant to Fla. Stat. §719.103(2), a cooperative association is defined as 'the corporation for profit or not for profit that owns the record interest in the cooperative property or a leasehold of the property of a cooperative and that is responsible for the operation of the cooperative.'
“While appearing to be a simplistic inquiry, this question is extremely complex. Specifically, in order to “change” to a “Not For Profit Corporation,” there would have to be a thorough review of the Articles of Incorporation and the bylaws of the association, which can be completed by association counsel; however, the transition would more than likely require consultation with a tax attorney. Moreover, there may not be a tax benefit in doing so.
“After such consideration, if it is deemed beneficial, the Articles of Incorporation and the bylaws could be amended, as necessary, by the requisite vote provided for in the cooperative’s controlling documents.
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