Reserves & financial health · 24 source passages
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16
COUNSEL ’S TAX OPINION .................................................................................................................... 118
WORKING CAPITAL FUND .................................................................................................................... 122
RESERVE FUND .................................................................................................................................... 123
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section “Unit Closing Costs and Adjustments” set forth in Part I of the Offering Plan.
28. Purchasers shall make a contribution at Closing to the Working Capital Fund and Reserve Fund
of the Condominium, payable to the Board of Managers, each in the sum of one months’
common charges then in effect for the Unit, as the same may be amended from time to time.
Except for the initial contribution by Purchasers, the Working Capital Fund and Reserve Fund
is funded through Common Charges. See the section “Unit Closing Costs and Adjustments”
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xiv
not limited to, insurance premiums and any reserve fund payments. Such expenses shall not
include individual U nit Owner expenses such as real estate taxes, utility charges, etc. Upon
commencement of collection of Common Charges, there will not be an assessment for any
item in the approved budget for the Condominium. Regardless of the delay in collection of
Common Charges, Sponsor shall remain obligated to update the budget for the Condominium,
and, if Sponsor controls the B oard of Managers, to provide certi fied financial statements for
the Condominium , as required by Department of Law governing regulations. In the event
Sponsor elects to delay the collection of Common Charges, Sponsor shall disclose such fact in
the closing notice or statement to Purchasers. Thereafter, Sponsor shall also disclose such fact
in the post-closing amendment to the Offering Plan as a benefit to subsequent purchasers. Such
amendment shall also disclose the anticipated period of delay. Prio
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h is based on a fully
operational building. The Board of Managers may allocate surplus funds to a special purpose
fund, retain surplus funds as the Working Capital Fund, or refund Common Charges.
Sponsor reserves the right to use its majority vote on the Board of Managers to cause a refund
to be issued to Unit Owners. If the actual expenses of operating the Condominium are less than
the projected expenses set forth in the budget for the First Year of Operations then, to the extent
such excess was paid by such Unit Owner, the difference between the actual expenses and the
full common charges will be refunded to all Unit Owners (including the Sponsor) on a pro-
rated basis in the form of either a credi t against future common charges or as a cash
reimbursement to the extent that the Unit Owner (including the Sponsor ) has sold the Unit
prior to the receipt of the full credit. Sponsor makes no warranty or representation that the
operating expenses during this period will be l
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t II of the Offering Plan.
Purchase Price: The purchase price for a Unit.
Purchaser: A purchaser of a Unit pursuant to a Purchase Agreement.
Reserve Fund: A fund established for the Condominium for major capital expenditures such as the
renewal or replacement of building components or systems or the remedy of major building
defects.
Residential Unit: Any areas of the Building designated as such on the Floor Plans, and intended to
be used for residential purposes, together with its percentage of Common Interest.
Residential Unit Owner: The owner of a Residential Unit.
Rules and Regulations: The rules and regulations of the Condominium made in accordance with
the By-Laws. The rules and regulations, which will apply unless and until amended by the Board
of Managers, are set forth as an addendum to the By-Laws in Part II.
Schedule A: The section of Part I of the Offering Plan “Schedule of Purchase Prices and Other
Financial Details For The First Full Year of
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Successor Sponsor, other than any Unit purchased
by and for the use of Sponsor or Successor Sponsor, until such time as the same have been sold.
Working Capital Fund: A fund held and used for working capital, closing costs and adjustments,
unanticipated increases in budgeted or additional Common Expenses, capital repairs or
replacement or for such other appropriate purposes as will be determined by the Board of
Managers.
ZLDA: A zoning lot development agreement.
11
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h is based on a fully operational building. The
Board of Managers may allocate surplus funds to a special purpose fund, retain surplus funds as
the Working Capital Fund, or refund Common Charges.
Sponsor reserves the right to use its majority vote on the Board of Managers to cause a
refund to be issued to Unit Owners. If the actual expenses of operating the Condominium are less
than the projected expenses set forth in the budget for the First Year of Operations then, to the
extent such excess was paid by such Unit Owner, the difference between the actual expenses and
the full common charges will be refunded to all Unit Owners (including the Sponsor) on a pro -
rated basis in the form of either a credit against future common charges or as a cash reimbursement
to the extent that the Unit Owner (including the Sponsor ) has sold the Unit prior to the receipt of
the full credit. Sponsor makes no warranty or representation that the operating expenses during
this period will be le
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$
SERVICE CONTRACTS (7) 16,000.00$
INSURANCE (8) 5,034.00$
MANAGEMENT FEE (9) - $
LEGAL AND AUDIT FEES (10) 3,800.00$
RESERVE FUND (11) 6,646.00$
TOTAL OPERATING EXPENSES 66,448.00$
Amounts are projected on the assumption that the First Year of Condominium
Operation will be the year from July 1, 2025 to June 30, 2026. The actual First Year of
Condominium Operation may begin earlier or later than that year. In the event the actual
or anticipated commencement date of the First Year of Condominium Operation is to be
delayed by six (6) months or more, Sponsor will amend the Plan to include a revised
budget with current projections. If the amended budget exceeds this projected budget by
twenty-five percent (25%) or more, Sponsor will offer all Purchasers the right to rescind
their Purchase Agreements within not less than fifteen (15) days after the presentation
date of the amendment containing such revised budget, and any Purchasers electing
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n estimate received from Russell B. Blank, CPA,
One Hollow Lane, Suite 307, Lake Success, NY 11042.
11. Reserve
A separate bank account for a reserve fund is being established; Section 2.6 of the Bylaws
authorizes the Board of Managers to establish a reserve fund for the Condominium for major
capital expenditures such as the renewal or replacement of building components or systems or the
remedy of major building defects (the “Reserve Fund”). Purchaser s shall make a contribution at
Closing to the Working Capital Fund and Reserve Fund of the Condominium, payable to the Board
of Managers, each in the sum of one months’ common charges then in effect for the Unit, as the
same may be amended from time to time. Except for the initial contribution by Purchasers, the
Working Capital Fund and Reserve Fund is funded through Common Charges. The budgeted
figure does not include these initial contributions. The Board of Managers, in its discretion, and
subject to certain restrict
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nal Fees
Purchasers shall have sole responsibility for payment of all professionals, including
attorney(s), employed or retained by Purchaser.
Working Capital and Reserve Fund Contribution
Purchasers shall make a contribution at Closing to the Working Capital Fund and Reserve
Fund of the Condominium, payable to the Board of Managers, each in the sum of one months’
common charges then in effect for the Unit, as the same may be amended from time to time. Except
for the initial contribution by Purchasers, the Working Capital Fund and Reserve Fund is funded
through Common Charges.
Example of Typical Closing Costs
The following is a numerical example of all closing costs based on the presumptions set
forth below and assuming current rates and charges:
Assuming that a Purchaser closes timely and incurs no penalties under the Purchase
Agreement, the closing costs for a Unit with a Purchase Price of $3, 250,000.00 and assuming a
mortgage of $2,925,000.00 will be ap
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Working Capital Fund $ 1,528.51
Reserve Fund $ 1,528.51
First Month’s Common Charges: $ 1,528.51
Sponsor’s Attorney’s Closing Fee: $ 3,000.00
Sponsor’s Attorney’s Purchaser Financing Fee: $ 350.00
ACRIS Preparation Fee: $ 250.00
Total Estimated Closing Costs: $ 199,138.07
The entire contents of this section “Unit Closing Costs and Adjustments” as the same may
be revised or amended shall be deemed incorporated in the Purchase Agreement for each Unit.
67
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ng any such
period of delay, the Sponsor will timely pay all expenses of the Condominium, including, but not
limited to, insurance premiums and any reserve fund payments. Such expenses shall not include
individual U nit Owner expenses such as real estate taxes, utility charges, etc. Upon
commencement of collection of Common Charges, there will not be an assessment for any item in
the approved budget for the Condominium. Regardless of the delay in collection of Common
Charges, Sponsor shall remain obligated to update the budget for the Condominium , and, if
Sponsor controls the Board of Managers, to provide certified financial statements for the
Condominium, as required by Department of Law governing regulations. In the event Sponsor
elects to delay the collection of Common Charges, Sponsor shall disclose such fact in the closing
notice or statement to Purchasers. Thereafter, Sponsor shall also disclose such fact in the post -
closing amendment to the Offering Plan as a benefi
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et of the condominium. No refund may be
given unless all expenses of the condominium are paid, including but not limited to, insurance
premiums and reserve funds. During the budget year following a year for which a refund was
effectuated, no special assessment or increase in common charges shall be instituted to pay for any
item which was set forth in the previous year’s budget and which was refunded to unit owners as
per the foregoing. Sponsor shall remain obligated to update the budget for the Con dominium as
required by Department of Law governing regulations.
Casualty Insurance
Sponsor shall procure fire and casualty insurance, as set forth in Schedule B, pursuant to
an agreed amount replacement value policy or in an amount sufficient to avoid co- insurance, as
reflected in Schedule B. Such insurance will provide that each Unit Owner is an additional insured
and that there will be no cancellation without thirty (30) days’ notice to the Board of Managers
and Unit Own
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rms and conditions as the Board of Managers will agree to
provide for major and minor maintenance, repairs, additions, improvements, replacements,
working capital, bad debts and unpaid Common Expenses, insurance, depreciation, obsolescence
and similar purposes (the repayment of any and all such debt may be secured and paid as provided
in §339-jj of the New York Real Property Law).
Members of the Board of Managers will have no liability to the Unit Owners or third parties
for errors of judgment, negligence, or otherwise, except for errors constituting willful misconduct
or bad faith. The Unit Owners will severally indemnify the members of the Board of Managers
against any liability or claims except those arising out of their bad faith or willful misconduct, but
the liability of any Unit Owner on account of such indemnification will be limited to such
proportionate share thereof as the Common Interest of such Uni t Owner b ears to the aggregate
Common Interest of all Unit
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Managers does exercise its right of first refusal with respect to
the sale of a Residential Unit, the acquisition of the Unit may be made from the working capital
and Common Charges, or, if such funds are insufficient, the Board of Managers may assess each
Residential Unit Owner, other than the offering Unit Owner, in proportion to each Residential Unit
Owner’s percentage of Common Interest, or may borrow money to finance such acquisition. The
sole security which may be given for any funds so borrowed is the Unit to be acquired. The Board
of Managers may also assess each Residential Unit Owner, as provided above, for Common
Charges for the Unit, or the rent due pursuant to the Lease, and for the cost of maintenance and
repairs to such Unit. Neither the Board of Managers nor any Residential Unit Owner shall be
entitled to cast any votes attributable to such Residential Unit.
Notwithstanding the above, the right of first refusal held by the Board of Managers shall
not a
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ts, water, audit and legal
expenses and reserves for capital expenditures, may include, in the discretion of the Board of
Managers, other reserves, working capital and other sums necessary to carry on the affairs of the
Condominium.
The Common Charges will not include maintenance, repairs or decoration of any Units or
portions thereof (except for structural repairs and Units acquired by the Board of Managers ),
payments required pursuant to the terms of any Unit Owner’s mortgage, or real estate taxes
covering the individual Units.
The liability of each Unit Owner for the payment of the Common Charges thereafter
assessed or becoming due against their other Unit, shall terminate upon a permissible sale, transfer
or other conveyance of such Unit together with the appurtenant interest in the Common Elements
made by him or her in accordance with the applicable provisions of the By-Laws. In addition, any
Unit Owner may, subject to the terms and conditions specified in the By
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ng any such
period of delay, the Sponsor will timely pay all expenses of the Condominium, including, but not
limited to, insurance premiums and any reserve fund payments. Such expenses shall not include
individual U nit Owner expenses such as real estate taxes, utility charges, etc. Upon
commencement of collection of Common Charges, there will not be an assessment for any item in
the approved budget for the Condominium. Regardless of the delay in collection of Common
Charges, Sponsor shall remain obligated to update the budget for the Condominium , and, if
Sponsor controls the Board of Managers, to provide certified financial statements for the
Condominium, as required by Department of Law governing regulations. In the event Sponsor
elects to delay the collection of Common Charges, Sponsor shall disclose such fact in the closing
notice or statement to Purchasers. Thereafter, Sponsor shall also disclose such fact in the post -
closing amendment to the Offering Plan as a benefi
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ncome is taxable. Examples of
income which is not exempt function income are common charges paid by owners of commercial
units, interest earned on reserve funds, amounts received from persons who are not members of
the Condominium management association, amounts received for work done on privately owned
property which is not Condominium management association property, and amounts received from
members for special use of the Condominium management a ssociation’s facilities, the use of
which is not available to all members as a result of having paid the dues, fees, or assessments
required to be paid by all members. If the Condominium management association fails to qualify
for or properly elect treatment under Code Section 528 for a taxable year, it may be subject to
federal income taxation.
You have advised me that you anticipate that greater than eighty-five percent (85%) of the
square footage of the project will be used for residential purposes. Our review of the do
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WORKING CAPITAL FUND
The Purchaser of each Unit shall be required to make a contribution at the Closing to the
working capital fund of the Condominium (the “Working Capital Fund”) in an amount equal to
one (1) times the monthly Common Charges due with respect to such Unit as of the Closing.
Sponsor will not be obligated to make any contributions to the Working Capital Fund, except to
the extent it is funded by payment of Common Charges. The Working Capital Fund will be held
and used for working capital, closing costs and adjust ments, unanticipated increases in budgeted
or additional Common Expenses, capital repairs or replacement or for such other appropriate
purposes as will be determined by the Board of Managers. While Sponsor controls the Board of
Managers, the Working Capital Fund will not be used to reduce estimated Common Charges. The
Board of Managers will be able to utilize the money in the Working Capital Fund at any time and
accordingly, no representation or
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RESERVE FUND
A separate bank account for a reserve fund is being established; Section 2.6 of the Bylaws
authorizes the Board of Managers to establish a reserve fund for the Condominium for major
capital expenditures such as the renewal or replacement of building components or systems or the
remedy of major building defects (the “Reserve Fund”). The Purchaser of each Unit shall be
required to make a contribution at the Closing to the Reserve Fund in an amount equal to one (1)
times the monthly Common Charges due with respect to such Unit as of the Closing. The Reserve
Fund is funded through Common Charges ; the exact amount of the Reserve Fund cannot be
determined as it depends on the timing of when each Unit closes, however $6,646 is budgeted to
accrue by the end of the First Year of Operation. The Board of Managers, in its discretion, may
decide in future years to increase or decrease the reserve fund line item in the Condominium’s
annual budget or issue special as
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s section of the Offering Plan, whether or not such costs are set forth in this Agreement.
9.5 Purchaser shall make a contribution at Closing to the Working Capital Fund
and Reserve Fund of the Condominium, payable to the Board of Managers, each in the sum of one
months’ common charges then in effect for the Unit, as the same may be amended from time to
time.
9.6 Purchaser shall pay to the Board of Managers the Common Charges for the
Unit for the first full month following the month in which title closes.
9.7 Purchaser shall pay the Real Estate Transfer Tax due to the State of New
York (the so- called “deed stamps” and, if applicable, the so -called “mansion tax”), the Real
Property Transfer Tax due to the City of New York and any other real property transfer tax due to
the City or State of New York. Purchaser agrees to indemnify and hold Sponsor harmless from
and against any and all liabilities and expenses (including, without limitation, reasonable legal fees
and disburs
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in the By -Laws,
to incur debt on behalf of Unit Owners to provide for major and minor maintenance, repairs,
additions, improvements, replacements, working capital, bad debts and unpaid Common
Expenses, insurance, depreciation, obsolescence, and similar purposes in connection with the
operation, care, upkeep, and maintenance of the Common Elements. The repayment of any and all
such debt may be secured and paid as provided in §339-jj of the New York Real Property Law.
ARTICLE 31 POWER OF ATTORNEY
31.1. Each Unit Owner shall grant to the Board of Managers an irrevocable limited power
of attorney, coupled with an interest (in such form and content as the Board of Managers shall
determine) following due authorization (if required) from the Unit Owners (a) to acquire or lease
any Unit, together with its Appurtenant Interest (as defined hereinafter) whose owner desires to
sell, convey, transfer, assign, lease or surrender the same, or which becomes the subject of a
foreclos
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be furnished to the Board of Managers;
(p) To collect funds from Unit Owners and accumulate reserves for capital replacements to the
Units (the "Reserve Fund"). The Reserve Fund, if any, shall be used for the periodic
maintenance, repair and replacement of the Common Elements;
(q) To collect monthly escrows from Unit Owners with their Common Charges for the
payment of real estate taxes attributable to individual Units based upon the estimated tax
bill for the entire Property a t the then current tax rate until all of the Units are separately
assessed, and deposit the same in a tax escrow account established by Declarant pursuant
to an offering plan filed with the New York State Department of Law;
(r) To pay real estate taxes attributable to individual and separately assessed Units and assess
such amounts to such Unit Owners as Common Charges or a Special Assessment;
(s) To establish, enforce, amend and otherwise modify Rules and Regulations relating to the
operat
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the Board of Managers does exercise its right of first refusal with respect to
the sale of a Unit, the acquisition of the Unit may be made from the working capital and
Common Charges, or, if such funds are insufficient, the Board of Managers may assess
each Unit Owner, other than the offering Unit Owner, in proportion to each Unit Owner’s
percentage of Common Interest, or may borrow money to finance such acquisition. The
sole security which may be given for any funds so borrowed is the Unit to be acquired. The
Board of Managers may also assess each Unit Owner, as provided above, for Common
Charges for the Unit, or the rent due pursuant to the Lease, and for the cost of maintenance
and repairs to such Unit. Neither the Board of Managers nor any Unit Owner shall be
entitled to cast any votes attributable to such Unit.
(f) Notwithstanding the above, the right of first refusal held by the Board of Managers shall
not adversely impact the rights of a mortgagee or its assignee
Assessments & charge increases · 13 source passages
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including but not limited to, insurance premiums and reserve funds. During the budget year
following a year for which a refund was effectuated, no special assessment or increase in
common charges shall be instituted to pay for any item which was set forth in the previous
year’s budget and which was refunded to unit owners as per the foregoing. Sponsor shall
remain obligated to update the budget for the Condominium as required by Department of Law
governing regulations. See the section “Rights and Obligations of the Sponsor” set forth in Part
I of the Offering Plan.
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onsor sells and conveys those Units. If any Unit Owner fails to pay a Unit’s pro rata
share of real estate taxes when due, by Common Charge billing, special assessment billing, or
both, the Board of Managers will have a lien on such Unit for non-payment thereof, as if such
charges were Common Charges.
If the actual taxes due are lower than the amount collected and held in escrow, then the Board
of Managers shall pay the Unit Owners their proportionate share of any excess. At such time
that the individual Units have been separately assessed, Unit Owners shall make a payment
directly to the New York City Department of Finance no later than the due date for such real
estate tax payment. Unit Owners shall notify the Board of Managers that the individual Units
have been separately assessed and any sum collect ed and held in escrow not paid toward real
estate taxes shall be reimbursed to the Unit Owner or Sponsor who advanced same. See the
section “Real Estate Taxes” set for
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including but not limited to, insurance
premiums and reserve funds. During the budget year following a year for which a refund was
effectuated, no special assessment or increase in common charges shall be instituted to pay for any
item which was set forth in the previous year’s budget and which was refunded to unit owners as
per the foregoing. Sponsor shall remain obligated to update the budget for the Condominium as
required by Department of Law governing regulations.
Limited Common Elements are Common Elements existing for the sole use and enjoyment
of certain Unit Owners to the exclusion of all other Unit Owners. Limited Common Elements
include but are not limited to any facilities (pipes, shut -off valves, wires, lines, conduits) that
exclusively serve a Unit that are located behind its boundary walls or within its boundary walls
but not readily accessible without damage to such boundar y walls, balconies, terraces, or yards
13
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onsor sells and conveys those Units. If any Unit Owner fails to pay a Unit’s pro rata share of
real estate taxes when due, by Common Charge billing, special assessment billing, or both, the
Board of Managers will have a lien on such Unit for non-payment thereof, as if such charges were
Common Charges.
If the actual taxes due are lower than the amount collected and held in escrow, then the
Board of Managers shall pay the Unit Owners their proportionate share of any excess. At such
time that the individual Units have been separately assessed, Unit Owners shall make a payment
directly to the New York City Department of Finance no later than the due date for such real estate
tax payment. Unit Owners shall notify the Board of Managers that the individual Units have been
separately assessed and any sum collected and held in escrow not paid toward real estate taxes
shall be reimbursed to the Unit Owner or Sponsor who advanced same.
Until the Units have been separately assessed,
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lidated Laws of the State of New York, General Business Law,
Volume 19, page 160.
Operating Expenses
Sponsor agrees to pay all Common Charges, special assessments and real estate taxes with
respect to all Unsold Units imposed by Board of Managers in accordance with this Offering Plan.
Sponsor represents that it has the financial resources to meet its obligations with respect to Unsold
Units. Sponsor expects to fund its financial obligations to the Condominium from the income from
projected sales and if necessary, from the personal financial assets of Sponsor’s principal. Except
as specifically set forth herein, no bond or other security has been furnished to secure Sponsor’s
obligations hereunder, including, but not limited to, Sponsor’s obligations to obtain a final
69
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including but not limited to, insurance
premiums and reserve funds. During the budget year following a year for which a refund was
effectuated, no special assessment or increase in common charges shall be instituted to pay for any
item which was set forth in the previous year’s budget and which was refunded to unit owners as
per the foregoing. Sponsor shall remain obligated to update the budget for the Con dominium as
required by Department of Law governing regulations.
Casualty Insurance
Sponsor shall procure fire and casualty insurance, as set forth in Schedule B, pursuant to
an agreed amount replacement value policy or in an amount sufficient to avoid co- insurance, as
reflected in Schedule B. Such insurance will provide that each Unit Owner is an additional insured
and that there will be no cancellation without thirty (30) days’ notice to the Board of Managers
and Unit Owners. The insurance policies will also contain waivers of subrogation, waivers of
invalidity du
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onsor sells and conveys those Units. If any Unit Owner fails to pay a Unit’s pro rata share of
real estate taxes when due, by Common Charge billing, special assessment billing, or both, the
Board of Managers will have a lien on such Unit for non-payment thereof, as if such charges were
Common Charges.
If the actual taxes due are lower than the amount collected and held in escrow, then the
Board of Managers shall pay the Unit Owners their proportionate share of any excess. At such
time that the individual Units have been separately assessed, Unit Owners shall make a payment
directly to the New York City Department of Finance no later than the due date for such real estate
tax payment. Unit Owners shall notify the Board of Managers that the individual Units have been
separately assessed and any sum collected and held in escrow not paid toward real estate taxes
shall be reimbursed to the Unit Owner or Sponsor who advanced same.
Prospective Purchasers are advised to read
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gers, in its discretion, may
decide in future years to increase or decrease the reserve fund line item in the Condominium’s
annual budget or issue special assessments to finance needed capital expenditures. While the
Sponsor is in control of the Board of Ma nagers, Sponsor will not use Reserve Fund monies to
reduce common charges. Since the Building is being newly constructed, it is anticipated that the
reserve fund as it accumulates will be sufficient to pay for the replacement of any capital items
likely to be needed within the first five (5) years of Condominium operation.
Neither the Department of Law nor any government agency has passed upon the adequacy
of the Reserve Fund. No representation or warranty is made that the Reserve Fund will be, or is
intended to be, adequate to cover current or future expenses, for the first or any subsequent year
of Condominium Operation.
123
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r at the time specified by
the Unit Owner, and confirmation of all payments made to that date and a statement
as to the monthly Comm on Charges and special assessments payable following a
closing;
(c) confirmation of the then current budget of the Condominium and the
amounts payable by the applicable Unit Owner, and an agreement that the
calculation of payments due from the Unit Owner or services provided to the Unit
Owner will not be changed without its consent;
241
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arges and assessments collected, to maintain,
care for and preserve the Common Elements, and the Common Elements. In no event shall
Common Charges, special assessments or other funds received by the Board of Managers
in connection with repairs of the Common Elements to be utilized to defray any expenses
other than those related to the maintenance, repair and preservation of the Common
Elements;
(c) To make repairs, restore or alter any Units or the Common Elements after damage or
destruction by fire or other casualty or as a result of condemnation or eminent domain
proceedings;
(d) To exercise the easements and access rights granted to the Board of Managers in the
Declaration when necessary and with as little inconvenience to the Unit Owner as possible
in connection with the maintenance, care and preservation of the property, including
emergency repairs at all times whether or not the Unit Owner is present, provided that such
utility or other easements shall not, to
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To pay real estate taxes attributable to individual and separately assessed Units and assess
such amounts to such Unit Owners as Common Charges or a Special Assessment;
(s) To establish, enforce, amend and otherwise modify Rules and Regulations relating to the
operation of the Condominium from time to time, and such Rules and Regulations, and any
amendments thereto, shall be binding upon the Unit Owners thirty (30) days after the date
the Board of Managers has approved them in writing and delivered a copy of the same to
each Unit Owner. Such Rules and Regulations, and any amendments thereto, shall be
applied uniformly to all Unit Owners and shall not be discriminatory; and
(t) To levy fines against Unit Owners for violations of the Declaration, By-Laws, or Rules and
Regulations governing the operation and use of the Property.
2.7. Resignation and Removal of the Board of Managers.
2.7.1. Any m ember of the Board of Managers may resign at any time by written notice
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the amount of and assess Common
Charges, the Board of Managers shall have the right, subject to the strictures set forth in these By-
Laws, to levy special assessments (“Special Assessments”) to meet the Common Expenses. The
Board of Managers shall give each Unit Owner not less than ten (10) days’ written notice prior to
the date upon which the Board of Managers shall meet to discuss levying Special Assessments,
with reasonable detail of the nature and purpose of the Special Assessment. Special Assessment s
shall be based on Common Interest or the proportion of expenses and charges fairly attributable to
Units, based upon estimated usage of particular services, or based upon special or exclusive use or
availability or exclusive control of particular Common Elements by particular Unit
Owners. Special Assessments may be payable either in one lum p sum or in installments, as the
Board of Managers shall determine, provided, however, that the Board of Managers shall give
each Uni
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and maintained a cash deposit account to be
known as the "Operating Account" into which shall be deposited the operating portion of all
monthly and special assessments as fixed and determined for all Units. Disbursements from s aid
account shall be for the general needs of the operation including, but not limited to, wages, repairs,
betterments, maintenance and other operating expenses of the Common Elements and for the
purchase, lease, sale or other expenses resulting from the purchase or lease of Units.
9.8. Other Accounts . The Board of Managers shall maintain any other accounts it shall deem
necessary to carry out its purposes.
ARTICLE 10 INSURANCE AND INSURANCE TRUSTEE
10.1. Insurance to be Carried by the Board of Managers. Not later than the date the first Unit is
conveyed, the Board of Managers shall obtain, and maintain to the extent obtainable, all risk or
fire insurance with extended coverage, loss of business, income/extra expense, boiler and
machinery, in