Reserves & financial health · 19 source passages
PDF page 2 · effective period must be checked in the document
......................... 108
W. COUNSEL’S INCOME TAX OPINION .............................................................................. 115
X. RESERVE FUND ................................................................................................................... 121
Y. WORKING CAPITAL FUND ............................................................................................... 122
Z. IDENTITY OF PARTIES ....................................................................................................... 123
AA. REPORTS TO UNIT OWNERS ......................................................................................... 126
AB. DOCUMENTS ON FILE..................................................................................................... 127
AC. GENERAL ........................................................................................................................... 128
AD. SPONSOR’S STATEMENT OF BUILDING’S CONDITION ....................
PDF page 7 · effective period must be checked in the document
g apportionments).
(e) Purchaser will be required to deposit with the Condominium Board two (2) months’ common
charges for his unit to be used as working capital. While the sponsor is in control of the Board,
Purchase Price Supplemental Tax Rate
$2,000,000.00 to $2,999,999.99 .25% of the Purchase Price
$3,000,000.00 to $4,999,999.99 .50% of the Purchase Price
$5,000,000.00 to $9,999,999.99 1.25% of the Purchase Price
$10,000,000.00 to $14,999,999.99 2.25% of the Purchase Price
$15,000,000.00 to $19,999,999.99 2.50% of the Purchase Price
$20,000,000.00 to $24,999,999.99 2.75% of the Purchase Price
$25,000,000.00 and above 2.90% of the Purchase Price
PDF page 8 · effective period must be checked in the document
5
working capital fund may not be used to reduce projected common charges in the plan. See
Section “Working Capital Fund” for details.
(f) Although customarily Seller’s obligation to pay, purchaser shall pay all governmental fees
and title company service charges associated with discharging and recording a mortgage lien
release and UCC-3 termination statement or other appropriate instruments discharging the
unit and its contents from any mortgage lien and security interest as prepared by the lender.
(g) At closing, the Sponsor will c ollect each purchaser ’s pro -rated share in the first year ’s
insurance premium from the date of the closing until the end of the first year of condominium
operation. This amount will be calculated in proportion to each purchaser’s common interest
and will be used to reimburse the Sponsor for payment of the first year’s premium. Insurance
premiums paid as part of common charges from closing until the end of the budget year will
be retaine
PDF page 9 · effective period must be checked in the document
ndment. See Section “Rights and Obligations of
Condominium Board, Summary of By-Laws” for details.
15. No representation is made that the initial working capital fund will be adeq uate to cover current
or future expenses, including repairs or replacements, and if additional funds are required over
and above the initial capital fund, it may be necessary for t he Condominium Board to increase
the charges. See Section “Working Capital Fund” for details.
16. All conflicts that may be resolved by arbitration pursuant to NYS law, between Unit owners and
the Condominium Board, between Condominium Board Members, or between sponsor and the
board, with respect to the Condominium, or to break any deadlock in voting in any matter, must
be submitted to arbitration for resolution by a single arbitrator in a proceeding in Kings County
or other mutually agreed to location in acco rdance with the existing rules of the AAA or any
successor organization within 90 days of the dispute. The a
PDF page 16 · effective period must be checked in the document
ot be placed on the sidewalk
except on days of collection under penalty of fine. See Section “Notes to Schedule B” for further
details.
40. The Reserve Fund, plus any budge ted yearly reserve fund may not be sufficient to provide for
needed capital expenditures within five years following the first closing under the Plan.
41. The Purchaser will represent to Sponsor that he or she has not dealt with any broker other than
the Selling Agent in connection with the acquisition of his or her Unit and will indemnify the
Sponsor against the claims of any other broker, if such broker is not disclosed to the Sponsor at
the time of the contract. If the purchaser has dealt with a broker othe r than the Selling Agent, a
co-broker agreement will be executed, between the brokers. See Section “Procedure to Purchase”
for further details.
42. The building is located in the effective flood zone X, which is a low hazard flood zone, as per
the effective FEMA maps and is located in prel
PDF page 32 · effective period must be checked in the document
losing, each Purchaser shall deposit an Initial Capital Payment equal to two (2) months' estimated monthly common char ges
for the unit. See Section "Working Capital Fund."
Note: At closing, each Purchaser shall pay an additional $3,500.00 to defray Sponsor's costs of forming the condominium. See Se ction
"Unit Closing Costs and Adjustments."
*Note: The cellar, which contains accessory space for Unit 1, utility rooms and storage rooms, may not be used for bedrooms, din ing rooms,
or any other use considered to be a “habitable space” as defined by the New York State Building Code. To do so may result in a violation
against the building being issued by the Buildings Department.
Note: The Limited Common Area is non-habitable.
F. SCHEDULE A
OFFERING PRICES AND RELATED INFORMATION
THE 184 HURON STREET CONDOMINIUM
184 Huron Street, Brooklyn, New York 11222
Year Projected to Begin: July 1, 2021 -June 30, 2022
29
PDF page 35 · effective period must be checked in the document
ted. In addition,
prospective purchasers will be required to pay at closing, among other things: (i) t wo (2)
months’ common charges to be used as working capital; (ii) New York City and State transfer
taxes which is normally a statutory obligation of th e Sponsor ; (iii) $ 3,500.00 to defray
Sponsor’s costs of creating the condominium. See section entitled “Closing Costs and
Adjustments” below.
PDF page 36 · effective period must be checked in the document
: $1,400.00
Legal Fees (8): $2,000.00
Building Phone Line (9): $900.00
Fire Alarming Monitoring (10): $1,800.00
Contingency (11): $2,000.00
Reserve Fund (12): $2,315.00
Total: $23,151.00
In the event that the actual or anticipated date of commencement of condominium operation
differs from the budget year projected herein by more than six (6) months from the anticipated
date of the closing of the first Unit, this plan will be amended to inc lude a revised budget which
will disclose new projecti on. The sponsor may not declare the plan effective if there are any
material changes to the budget that have not been disclosed in a duly filed amendment to the plan.
If such new projections exceed the projections contained herein by twenty -five percent (25%) or
more, the Sponsor will offer all purchasers the right for fifteen (15) days following the presentation
of such amendment within which to rescind their offer to purchase and have their down payments
refunded.
PDF page 40 · effective period must be checked in the document
nse. The funds for such
modifications may be provided by decreasing this budget item or by decreasing one or more items
of expense, or both.
12. Reserve Fund
This item is to be used as a yearly reserve fund to be set aside and used for periodic major
capital repairs or replacements, or necessary repairs of common elements. The basis of the figure
projected for this item is approximately ten percent (10%) of the entire budget. At this time the
Sponsor has no knowledge of any capital improvements that may have to be made during the first
five years of condominium operation.
IN THE OPINION OF COMPLETE CONDO SERVICES, INC , 610 BROADWAY ,
BROOKLYN, NEW YORK 112 06, A LICENSED REAL ESTATE MANAGER, THE
PROJECTED RECEIPTS ARE ADEQUATE TO MEET THE ESTIMATED EXPENSES FOR
THE BOARD OF MANAGERS’ FIRST YEAR OF OPERATION, ASSUMING SUCH FIRS T
PDF page 69 · effective period must be checked in the document
der.
(vii) Purchaser will be required to deposit with the Condominium Board two (2) months’
estimated monthly common charges for his Unit for the Working Capital fund for
Purchase Price Mansion/Supplemental Tax Rate
$2,000,000.00 to $2,999,999.99 .25% of the Purchase Price
$3,000,000.00 to $4,999,999.99 .50% of the Purchase Price
$5,000,000.00 to $9,999,999.99 1.25% of the Purchase Price
$10,000,000.00 to $14,999,999.99 2.25% of the Purchase Price
$15,000,000.00 to $19,999,999.99 2.50% of the Purchase Price
$20,000,000.00 to $24,999,999.99 2.75% of the Purchase Price
$25,000,000.00 and above 2.90% of the Purchase Price
PDF page 86 · effective period must be checked in the document
e level of Building services, amenities (if any) and facilities in accordance
with, and as stated in, this Plan; and
(c) the expenditures of the Working Capital Fund (which may be used for operating or
working capital and to defray increases in common charges but may not be used to reduce common
charges below the projected common charges in SCHEDULE B First Year’s Budget) as explained
below.
Sponsor Veto Control
During only the Sponsor Veto Control Period (defined below), the Condominium Board
and the Unit Owners (as to any vote or action by them) must obtain Sponsor’s prior written
Discretionary Approval or Consent to do any of the following (collectively. “Sponsor Veto
Control”):
(a) to raise Common Charges or levy a Special Assessment for any of the following
purposes:
(1) to make an Alteration to the Common Elements, the Association ’s
Properties (including any Unit owned, leased or otherwise held or Operated by the Board,
or its nominee or designee);
PDF page 98 · effective period must be checked in the document
erable from the Units
except in accordance with the Real Property Law.
M. Capital Reserves
The Condominium Board has the power to accumulate reserve funds for capital
replacements or other purposes in accordance with the Declaration and By -Laws, as set forth in
Documents 6 and 7 in Part II of the Offering Plan.
N. Arbitration
In order to resolve any dispute, controversy, claim or question arising with respect to the
Condominium, or to break any deadlock in voting, the parties shall submit such dispute or question
to arbitration. If the parties cannot agree on the arbitrators or if the arbitration procedure has not
commenced for any other reason within ninety (90) days of the original notice, then such dispute
or question shall be submitted to the American Arbitration Association, which will give any party
the rights he is entitled to under New York law. The decision of the arbitrators so chosen shall be
given within thirty (30) days after their selection or a
PDF page 99 · effective period must be checked in the document
writing of the making of such mortgage and is to be given a copy thereof.
Capital Reserves
The Condominium Board has the power to accumulate reserve funds for capital
replacements or other purposes to meet the needs of the Condominium in accordance with the
Declaration and By-Laws, as set forth in Documents 6 and 7 in Part II of the Offering Plan. There
are no restrictions on these powers.
Common Charges: Assessment, Collection and Lien for Non-Payment
PDF page 121 · effective period must be checked in the document
xtent such income exceeds
expenses properly allocable to such income. Examples of income which is not exempt function income are interest
earned on reserve funds, a mounts received from persons who are not members of the Association amounts received
for work done on privately owned pr operty which is not Association property, and amounts received from members
for special use of the Association'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.
PDF page 124 · effective period must be checked in the document
121
X. RESERVE FUND
A reserve fund to paid by the purchasers will be established in the budget and will be made
available upon the closing of the first unit as established under Section 2.4 of the By-Laws. The
basis of the figure projected for this item is approximately ten percent (10%) of the entire budget.
This fund shall be used as a reserve to pay for periodic capital replacements or repairs. At this time
the Sponsor has no knowledge of any capital improvements that may have to be made during the
first five years of condominium operation. See Section 2.4 of the By-laws.
In the event there is a need for major capital expenditures in excess of the funds available
from the contingency and or reserve fund the Condominium Board will assess a charge to each
Unit Owner in accordance with its percentage of common interest.
While the Sponsor is in control of the Condominium Board, the reserve fund may not be
used to reduce common charges.
Neither the department o
PDF page 125 · effective period must be checked in the document
122
Y. WORKING CAPITAL FUND
The Sponsor, as agent of the Condominium Board , will collect from each original
purchaser at the time of the Closing an “Initial Capital Payment ” equal to two (2) months ’
estimated common charges for each Unit. The Sponsor will deliver the funds so collected to t he
Condominium Board to provide the necessary working capital for the Condominium. The working
capital fund may be used for certain prepaid items, organizational costs, and for such other
purposes as the Condominium Board may determine and may be replenished as the Board sees fit.
While the Sponsor is in control of the Condominium Board, the Working Capital Fund shall not
be used to reduce estimated Common Charges.
There is no anticipated adjustments for prepaid expenses between the Sponsor and the
Condominium Board from the working capital fund.
NO REPRESENTATION IS MADE THAT THE INITIAL WORKING CAPITAL FUND
WILL BE ADEQUATE TO COVER CURRENT OR FUTURE EXPENSES, INCLUDING
PDF page 181 · effective period must be checked in the document
(viii) Purchaser will be required to deposit with the Board of Managers two (2) months’
estimated monthly common charges for his unit to be used as working capital.
(ix) Purchaser shall be obligated to pay a fee of (i) $ 2,500.00 to the law firm of Sponsor’s
attorney for services rendered in connection with recording the Declaration of
Condominium and the preparation of documents (ii) $350.00 if the closing is held at any
location other than Sponsor’s attorney’s office at the request of the Purchaser (iii) $350.00
payable to Sponsor’s attorney if Purchaser applies for and closes with a mortgage; (iv)
$250.00 payable to Sponsor’s attorney for preparing e-forms for New York City R eal
Property Transfer Tax; and (v) $ 350.00 for each time the closing is rescheduled at the
PDF page 259 · effective period must be checked in the document
and any alteration, addition, or
improvement to, the Common Elements; (ii) the establishment and/or maintenance of a general
operating reserve or a reserve fund for working capital, for replacements with respect to the
Common Elements, or to make up any deficit in the Common Charges for any prior year(s);
(iii) the purchase, lease, or sublease by the Condominium Board or its designee , corporate or
otherwise, on behalf of all Unit Owners, of any Unit whose owner has elected to sell, lease,
transfer, or convey the same or that is to be sold at a foreclosure or other sale; and (iv) generally,
the conduct of the affairs of the Condominium.
8. “Common Interest” shall mean the undivided percentage interest of each Unit in the Common
PDF page 271 · effective period must be checked in the document
ther casualty, or as a result of condemnation or eminent domain
proceedings, all in accordance with the terms of these By-Laws;
(xii) to accumulate reserve funds for capital replacements or other purposes;
(xiii) To accept the surrender of any Unit pursuant to the terms of paragraph (C) of
Section 6.2 hereof, in the name of the Condominium Board or its designee, corporate or otherwise,
BL3
Assessments & charge increases · 23 source passages
PDF page 40 · effective period must be checked in the document
37
Condominium Board). In the event of any uncovered claim or damage the Bo ard may n eed to
assess a special assessment to the unit owners to be able to pay for the claim and or damage.
There is no provision for insurance covering indemnification of Board members. It is at
the discretion of the Condominium Board to obtain such coverage, the cost of which will be borne
by the Unit Owners as a common expense.
8. Legal Fees and Audit Fees
A portion ($ 1,400.00) of the budgeted item will be used for auditing fees in connection
with the preparation of the first year ’s audited financial statem ents of the Condominium and its
Federal, State and City income tax returns. The estimate for accounting fees is based on a letter
from Mozes Guttman, 2 Skillman Street, Suite 217, Brooklyn, NY 11205 . An allowance
($2,000.00) is provided for miscellaneous ( but not major) legal services , such as but not limited
to, hiring an attorney to attend Unit Owner meetings and Board Memb
PDF page 65 · effective period must be checked in the document
dewalks and streets and the lien
of any unpaid vault tax (which is to be paid by the Condominium Board);
(xii) The lien of any Common Charges and Special Assessments, real estate taxes, water
frontage and/or meter charges, sewer rents, vault charges and assessments, provided that
apportionment of such items is made as provided in the Section of the Plan entitled “Unit
Closing Costs and Adjustments”;
(xiii) Leases and service, maintenance, employment, concession aire and license
agreements, if any, of other Units or portions of the Common Elements. Service, labor,
concessionaire and maintenance agreements contemplated under the Plan;
(xiv) Any lien, notice of pendency or other encumbrance either (i) for which the
instrument required to remove said lien, notice of pendency or other encumbrance of record
is delivered at or prior to the date of closing of title to the Residential Unit, together with
the required recording or filing fee, to the proper party or to the Purc
PDF page 72 · effective period must be checked in the document
l limitation on Sponsor’s liability for failure to perform its
obligations under the offering plan.
5. Sponsor agrees to pay all common charges, special assessments and real estate taxes with
respect to unsold Units. Sponsor represents that it has the finan cial resources to meet its
obligations with respect to unsold Units. Such obligations shall be funded through the rentals
and sales of unsold Units and from other funds of the Sponsor. No bond or other security has
been posted to secure Sponsor’s obligations.
6. The Sponsor will caus e the Board of Managers to maintain the property in substantially the
same condition and manner as on the date of first closing until the Sponsor no longer controls
the Board of Managers.
7. If the Purchaser is or becomes the tenant or the occupant of the Unit before the closing of title
PDF page 84 · effective period must be checked in the document
licable laws.
Sponsor’s Obligations for Retained Units
So long as Sponsor retains title to any Units, Sponsor shall pay all Common Charges,
Special Assessments and real esta te taxes with respect to such Units. Sponsor represents that its
financial resources will be sufficient to meet its obligations descri bed above and its other
obligations described in this Plan. Sponsor intends at present to meet its financial obligations under
the Plan through profits generated from sales of Unsold Units and income generated from the rental
of Unsold Residential Units. S ponsor has not furnished any bond or other security for the
performance of its obligations under the Plan.
Dissolution of Sponsor
If Sponsor shall be dissolved or liquidated or shall transfer in bulk twenty percent (20%)
or more of the total number of Units (2 units) in the Condominium, whichever is less, Sponsor
shall provide one or more financially responsible entities or individuals who will assume the
PDF page 86 · effective period must be checked in the document
ten
Discretionary Approval or Consent to do any of the following (collectively. “Sponsor Veto
Control”):
(a) to raise Common Charges or levy a Special Assessment for any of the following
purposes:
(1) to make an Alteration to the Common Elements, the Association ’s
Properties (including any Unit owned, leased or otherwise held or Operated by the Board,
or its nominee or designee);
(2) to increase or decrease or eliminate the mandated minimum ten percent (10%)
Reserve for Capital Replacements to be included in each Budget in accordance with this
Plan and the Condominium Documents (see below);
(3) to increase, decrease or eliminate Building services set forth in said First year’s
budget or otherwise; or
(4) to increase, decrease, eliminate or otherwise change the amount or types of
insurance coverage from those set forth in said first year’s budget.
(b) to borrow money on behalf of the Condominium Association.
Sponsor, however, will give its Discretionary
PDF page 90 · effective period must be checked in the document
sary to discharge the same;
(v) to determine the amount and establish the means and methods of payment of, and to collect,
the Common Charges and Special Assessments from the Unit Owners;
(vi) to borrow money on behalf of the Condominium when required in connection with the
operation, maintenance, repair, restoration, improvement, alteration and replacement of the
Common Elements, provided, however, that: (a) with respect to the borrowing of any sum
in excess of $25,000.00 in any one fiscal year (regardless of the balance of a ny loans
outstanding from previous fiscal years) in addition to the affirmative consent of a majority
of the members of the Condominium Board, the affirmative consent of a majority of all
Unit Owners shall be required; (b) no lien to secure repayment of an y sum borrowed may
PDF page 91 · effective period must be checked in the document
and maintain bank accounts on behalf of the Condominium and to designate
the signatories required therefor;
(viii) to use the Common Charges and Special Assessments collected from Unit Owners,
as well as all other funds held by the Condominium Board or received in connection with
the operation of the Property, for the administration of the Condominium, inclu ding,
without limitation: (a) the payment of Common Expenses and (b) the making of
restorations, additions, alterations and improvements to the Common Elements;
(ix) to obtain insurance for the Property, including the Units, pursuant to the terms of Section
5.4 of the By-Laws which can be found in Part II of this plan;
(x) to adjust and settle claims under insurance policies obtained pursuant to the terms of
Section 5.4 of the By-Laws which can be found in Part II of this plan, and to execute and
deliver releases upon such adjustment and settlement on behalf of: (a) all Unit Owners; (b)
all holders of mortgages a
PDF page 95 · effective period must be checked in the document
rd and shall be borne by all Unit Owners as part of the Common Charges.
In the event of any uncovered claim or damage the Board may need to assess a special assessment
to the unit owners to be able to pay for the claim and or damage.
PDF page 99 · effective period must be checked in the document
e, pledge or hypothecate his or her Unit unless
and until he or she shall have paid in full to the Condominium Board all unpaid Common
Charges and special assessments theretofore assessed against such Unit and shall have satisfied
all unpaid liens, except the liens of Permitted Mortgages levied against such Unit;
(b) no Unit Owner shall execute any mortgage or other document mortgaging, pledging or
hypothecating title to his or her Unit without including therein its Appurtenant Interests, it
being the intention to prev ent any severance of such combined ownership. Any mortgage or
other instrument purporting to affect one or more of such interests without including all such
interests shall be deemed and taken to include the interest or interests so omitted, even though
the latter shall not be expressly mentioned or described therein so that at all times, all of the
Units interests in the Condominium shall remain and shall not be severed;
(c) any mortgage covering a Unit
PDF page 105 · effective period must be checked in the document
ge above and beyond that
coverage maintained by the Condominium Board. In the event of any uncovered claim or damage
the Board may need to assess a special assessment to the unit owners to be able to pay for the claim
and or damage. See subsection “Repair or Restoration after Fire or Other Casualty ”, under the
Section entitled: “Rights and Obligations of the Condominium Board.”
The Insurance policy listed in the section “Schedule B” Includes the following coverage:
Items Covered Coverage Limits
Building
$1,385,000.00
All Risk, 100% Replacement Cost
No Co-Insurance
Deductible: $2,500.00
General Liability $1,000.000.00 Each Occurrence
$2,000,000.00 Aggregate
Projected Annual Premium $2,300.00
Coverage for the following items is not included and may be available at extra cost :
officers’ and directors ’ liability; rent insurance ; water damage ; excess liability ; auto liability ;
fidelity bond; and garage keeper’s liability.
Except as set forth in the next
PDF page 107 · effective period must be checked in the document
ts. If the Trust Funds shall be less than sufficient to discharge
the cost and expense of perf orming the Work, the Condominium Board shall levy a
Special Assessment against all Unit Owners for the amount of such deficiency in
proportion to their respective Common Interests, and all proceeds of such Special
Assessment shall become part of the Trust Funds. However, if the insurance proceeds are
not sufficient to discharge the cost and expense of performing any work attributable to
any part of the building which is not a “Common Element”, such cost and expense must
be paid by the owner o r owners of the Units or Limited Common Element which were
damaged and no special assessment may be levied against the Unit Owners. If, conversely,
the Trust Funds shall prove to be more than sufficient to discharge the cost and expense
of performing the Work, such excess shall be paid to the Unit Owner of the damaged Unit,
except that no payment shall be made to a Unit Owner until there has
PDF page 262 · effective period must be checked in the document
to the terms of the By -Laws, provided that they are
not in conflict with the terms of the Condominium Act, the Declaration, or the By-Laws.
33. “Special Assessments” shall mean the charges allocated and assessed by the Condominium
Board to the Unit Owners, pro -rata in accordance with their respective Common Interests
(except as otherwise provided in the Declaration or in the By -Laws), in accordance with
paragraph (C) of Section 6.1 of the By-Laws.
34. “Sponsor” As used in New York State regulations pertaining to newly constructed and
vacant condominium, the word “sponsor” means “any person, partnership, joint venture,
corporation, company, trust, association or other entity or agent thereof who makes or takes
part in a public offering or sale in or from the State of New York of participation interests or
investments in real estate including condominium interests in realty.”
35. “Sponsor’s Initial Control ”. The Sponsor will control the board of managers whenever th
PDF page 271 · effective period must be checked in the document
(v) To determine the amount and establish the means and methods of payment of,
and to collect, the Common Charges and Special Assessments from the Unit Owners;
(vi) to borrow money on behalf of the Condominium when required in connection
with the operation, maintenance, repair, restoration, improvement, alteration and replacement of
the Common Elements, provided, however, that: (a) the affirmative consent of all of the members
of the Condominium Board shall be required for the borrowing of any sum in excess of $25,000.00
in any one fiscal year (regardless of the balance of any loans outstanding from previous fiscal
years); (b) the affirmative consent of all of all Unit Owners shall be required for the borrowing of
any sum in excess of $25,000.00 in any one fiscal year (regardless of the balance of any loans
outstanding from previous fiscal years); ( c) no lien to secure repayment of any sum borrowed may
be created on any Unit or its Appurtenant Interests without the consent o
PDF page 276 · effective period must be checked in the document
s shall and must obtain Sponsor's prior written Discretionary Approval or Consent to do
any of the following:
(a) To raise Common Charges or levy a special Assessment for any of the following
purposes:
(i) To make an Alteration to the Common Elements or the Association's
Properties (the latter includes any Unit owner, leased licensed or otherwise held or operated by the
condominium Board, or its nominee or designee );
(ii) to create a fund for reserves for non-capital Repairs, Alterations,
unanticipated expenses and/or contingencies (i.e., a Reserve for Contingencies), which in the
aggregate exceed five percent (5%) of the projected annual Common Expenses or five percent
(5%) of the projected annual Common Expenses (as applicable) for any Budget Year of the
Condominium Operation or increase, decrease, or eliminate the minimum ten percent (10%)
Reserve for Capital Replacement to be included in each Budget in accordance with the Declaration.
(iii) To increase, decrease, elim
PDF page 277 · effective period must be checked in the document
Charges (as applicable), inclusive of any Special Assessments of the Condominium Board, for the
Budget year of the Condominium at issue, by more than 5% above the Common Charges (as
applicable) for the immediately preceding Budget Year of the condominium. In addition, Sponsor
may not exercise veto control over expenses included in the first Year's Budget or over expenses
required: (a) to comply with applicable Laws; (b) to remedy a governmental notice or violation or
(c) to remedy a work order of an insurer of the Building, (d) or any matter concerning the health
and safety of the occupants of the building.
Veto Control of Sponsor and Unsold Unit Owners: Sponsor's veto control, as set forth
herein, may be exercised during only the Sponsor Veto Control Period and solely by Sponsor while
Sponsor owns any Unsold Unit. If Sponsor no longer owns any Unsold Unit, each successor
Unsold Unit Owner will have the same right of veto control as Sponsor during only the Sponsor
Veto Contr
PDF page 290 · effective period must be checked in the document
ments. If the Trust Funds shall be less than sufficient to discharge the cost and expense of
performing the Work, the Condominium Board shall levy a Special Assessment against all Unit
Owners for the amount of such deficiency in proportion to their respective Common Interests, and
all proceeds of such Special Assessment shall become part of the Trust Funds. However, if the
BL22
PDF page 291 · effective period must be checked in the document
not a "Common Element", such cost and expense
must be paid by the owner or owners of the Units or Limited Common Element which were
damaged and no special assessment may be levied against the Unit Owners. If, conversely, the
Trust Funds shall prove to be more than sufficient to discharge the cost and expense of performing
the Work, such excess shall be paid to the Unit Owner of the damaged unit, except that no payment
shall be made to a Unit Owner until there has first been paid, out of said excess, such amounts as
may be necessary to reduce unpaid liens on the Unit Owner's Unit (other than mortgages that are
not Permitted Mortgages) in the order of priority of such liens. Notwithstanding the foregoing,
however, in the event that the Unit Owners are assessed pursuant to the terms of the second
sentence of this paragraph (C) for any projected deficiency in the amount of the Trust Funds
available to the Condominium Board and, after the payment of all costs and expenses incurre
PDF page 296 · effective period must be checked in the document
ss Common
Charges, the Condominium Board shall have the right, subject, in all respects, to the strictures
contained in Section 2.5 hereof, to levy Special Assessments to meet the Common Expenses. All
Special Assessments shall be levied against all Unit Owners in proportion to their respective
Common Interests and may be payable either in one lump sum or in installments, as the
Condominium Board shall determine, provided, however that the Condominium Board shall give
each Unit Owner not less than fifteen (15) days' notice prior to the date upon which such Special
Assessment, or the first installment thereof, shall be due and payable, which notice shall set forth,
in reasonable detail, the nature and purpose thereof. The Condominium Board shall have all rights
BL28
PDF page 297 · effective period must be checked in the document
and remedies for the collection of Special Assessments as are provided herein for the collection of
Common Charges (including, without limitation, the provisions of Section 6.4 hereof).
(D) The excess of all rents, profits and revenues derived from the rental or use of any
space forming a part of, or included in, any Common Element remaining after deduction of all
expenses incurred in connection with generating the same shall constitute income of the Unit
Owners, and shall be collected on behalf of the Unit Owners by the Condominium Board and
applied against the Common Expenses for the year in which collected. In the event that such net
rents, profits and revenues, together with the Common Charges and any Special Assessments
collected from the Unit Owners, for any year of operation shall exceed the Common Expenses for
such year, then such excess shall be applied by the Condominium Board against the Common
Expenses for the next succeeding year(s) of operation, and no Unit Owne
PDF page 298 · effective period must be checked in the document
uch Unit is free
and clear of all liens and encumbrances other than a Permitted First Mortgage and the statutory
lien for unpaid Common Charges and Special Assessments; and (iii) no violation of any provision
of the Condominium Documents then exists with respect to such Unit.
(D) No Unit Owner shall be exempted from liability for the payment of Common
Charges or Special Assessments by waiving the use or enjoyment of any or all of the Common
Elements or by abandoning his or her Unit (except with respect to a conveyance of the same to the
Condominium Board, without compensation, pursuant to the terms of paragraph ( C) hereof. Except
as expressly provided to the contrary in paragraph (E) of Section 5.5 hereof, no Unit Owner shall
be entitled to a diminution or abatement in the Common Charges or Special Assessments payable
thereby for any inconvenience or discomfort arising from: (i) the failure or interruption of any
utility or other services; (ii) the making of repairs or impr
PDF page 301 · effective period must be checked in the document
all be permitted to convey
or lease his or her Unit unless he or she shall have paid in full to the Condominium Board all
unpaid Common Charges and Special Assessments theretofore assessed against such Unit and
shall have satisfied all unpaid liens, other than that of Permitted Mortgages, levied against such
Unit. Proceeds from lease payments may be used to satisfy the outstanding Common Charges.
Section 7.4. Power of Attorney. At the time of acquiring title to a Unit and as a condition
thereof, the new Unit Owner shall duly execute, acknowledge and deliver to the representative of
his or her title insurance company ( or, if no such representative is present, to the Condominium
Board) for recording in the Register's Office, the Unit Owner's Power of Attorney required in
Article 14 of the Declaration, in the form set forth as Exhibit E to the Declaration.
Section 7.5. Transfers by Sale, Gifts and Devises, Etc. Any Unit Owner shall be free to
sell, convey, gift or transfer his
PDF page 302 · effective period must be checked in the document
the Condominium Board shall promptly report to such
Permitted Mortgagee any default by his or her mortgagor(s) in the payment of Common Charges
or Special Assessments or in the observance or performance of any of the provisions of the
Condominium Documents as to which the Condominium Board has knowledge then exists. The
Condominium Board shall, when giving notice to a Unit Owner of any such default, also send a
copy of such notice to his or her Permitted Mortgagee, if so requested. However, the Condominium
Board shall have no liability for any failure, through oversight or negligence, in notifying a
Permitted Mortgagee of any default by his or her mortgagor under the Condominium' Documents,
provided that (i) the Condominium Board shall advise such Permitted Mortgagee of the default
promptly after discovering such failure and (ii) if the Condominium Board shall foreclose a lien
on such mortgagor's Unit pursuant to the terms of Section 6.4 hereof by reason of such default,
th
PDF page 303 · effective period must be checked in the document
o a mortgagee,
defaults in perfonning any act or making any payment which is that party's responsibility
hereunder, including Common Charges and or special assessments, for a period of sixty (60) days
after the obligation to pay, and said default is not cured within fifteen (15) days of written notice
of said default.
(3) If any insurance policies insuring the Building and all service machinery contained
therein covering the interest of the Condominium, the Condominium Board, all of the Unit Owners
and all Permitted Mortgagees, as their interests may appear may not be either cancelled, or be
allowed to lapse, or substantially modified except upon at least ten (10) days' prior written notice
to all of the insureds, including all Permitted Mortgagees.
(4) If the Declaration and the By-Laws of the Condominium are to be amended and
such amendment would materially interfere with any right or interest of any mortgagee.
C. Notwithstanding the foregoing provisions in the event a mo