Reserves & financial health · 19 source passages
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.............. 108
W. COUNSEL'S INCOME TAX OPINION ....................................................................................... 111
X. RESERVE FUND ............................................................................................................................... 117
Y. WORKING CAPITAL FUND ......................................................................................................... 118
Z. CONTRACTS ..................................................................................................................................... 119
AA. IDENTITY OF PARTIES .............................................................................................................. 120
AB. REPORTS TO UNIT OWNERS ................................................................................................... 122
AC. RESERVATION OF AIR AND DEVELOPMENT RIGHTS .......................................................... 123
AD. DOCUMENTS ON FILE ...........
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l Capital Payment. Purchaser will be required to deposit with the Board an
amount equal to two (2) months’ Common Charges for his Unit. See Section “Working Capital
Fund” and “Reserve Fund”.
(iv) Insurance Adjustment. At Closing, Sponsor will collect each Purchaser’s pro-rated
share in the first year’s insurance premium from the Closing date until the end of the first year of
operation. This amount will be calculated in proportion to each Purchaser’s percentage of Common
Interest and will be used to reimburse Sponsor for payment of the first year’s premium. Purchasers
will also pay the second year’s premium in proportion to their Common Interest as part of monthly
Common Charges. The Board and the Sponsor will not adjust for insurance. See “Unit Closing Costs
and Adjustments”.
(v) Defrayment of Sponsor Expenses. Each Purchaser shall pay an additional $1,000.00
at Closing to defray Sponsor’s costs, e.g, architectural costs, filing fees, legal fees and other costs
i
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upgrades or extras, unless the Plan is abandoned. See Section "Procedure to
Purchase" for details.
(S) No representation is made that the initial working capital fund will be adequate to cover
current or future expenses, including repairs or replacements, and if additional funds are required,
the Board may increase Common Charges or impose a special assessment. See Section “Working
Capital Fund” for details.
(T) There will be a reserve fund to provide for major capital repairs or improvements in an
amount equal to at least 10% of the Common Charges. The Reserve Fund will be funded from part
of the monthly Common Charge payments made by Unit Owners including Sponsor so long as
Sponsor still owns Units. Of each Common Charge payment, 10% of said payment shall be deposited
into the separate Reserve Fund bank account. In addition to the monthly contributions, the reserve
fund shall also be supplemented by 10% of the Initial Capital Payment which is collected from all
Purcha
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ng instead. During any such delay, Sponsor will timely pay all expenses
of the Condominium, including but not limited to, insurance premiums and any reserve fund
payments. Such expenses will not include individual Unit Owner expenses such as real estate taxes
or utility charges. Upon commencement of collection of Common Charges, there will not be any
assessment for any item in the approved budget for the Condominium. Sponsor shall remain
obligated to update the budget for the Condominium as required by governing regulations and to
provide a certified finance statement of the condominium prepared by a certified public accountant.
In the event Sponsor elects to delay the collection of Common Charges, Sponsor shall disclose such
fact in the Notice of Closing and in the post-closing amendment to the Offering Plan. Such
amendment shall also disclose the anticipated period of delay. Sponsor will notify all Unit Owners
in writing of the expiration of the delay period at least thirty
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ritten approval to: (a) raise Common Charges or levy a special assessment to (1) make an alteration
to the Common Elements; (2) create an additional reserve fund for repairs, alterations, unanticipated
expenses and/or contingencies which exceed 5% of the projected common expenses for the budget
year; (3) increase, decrease, eliminate or otherwise change the number, type, classification or
working hours of the building’s service staff (if any), or to hire additional service staff; (4) increase,
decrease, or eliminate building services; (5) increase, decrease, eliminate or otherwise change the
amounts or types of insurance coverage from the coverages existing on the date of the First Closing;
or (b) borrow money on behalf of the Condominium Association. Sponsor may not exercise veto
power over expenses described in Schedule B, or over expenses required: (i) to comply with
applicable laws or regulations; (ii) to remedy any notice of violation; (iii) to remedy any work order
by a
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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.
13. Common Interest: The proportionate, undivided interest in fee simple absolute in the
Common Elements appertaining to each Unit, as expressed in the Declaration of
Condominium.
14. Condominium: The 636 Lorimer Street Condominium which was established pursuant
to the terms of the Declaration and is to be governed pursuant to the terms
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Repairs, services & supplies (7) 8,650$
Insurance (8): 6,592$
Legal fees (9): 2,000$
Audit fees (9): 2,500$
Reserve Fund for Major Repairs (10): 2,863$
31,493$
H. SCHEDULE B
Budget for First Year of Condominium Operations
The 636 Lorimer Street Condominium
636 Lorimer Street, Brooklyn, New York
Year Projected: July 1, 2025 – June 30, 2026
If the First Closing actually occurs, or is revised by amendment to the Plan to be projected to occur,
six (6) months or more from the stated anticipated date of the First Closing, Sponsor will amend the
Plan to include a revised budget disclosing updated projections. If such amended projections exceed
the original projections by 25% or more, Sponsor will offer all Purchasers the right to rescind their
offer to purchase and to have their Down Payments refunded. If such right to rescind is exercised
within fifteen (15) days after pre
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te
period. During any such delay, Sponsor will timely pay all expenses of the Condominium, including
but not limited to, insurance premiums and any reserve fund payments. Such expenses will not
include individual Unit Owner expenses such as real estate taxes or utility charges. During such
delay in the collection of Common Charges, Sponsor shall remain obligated to update the
Condominium budget, and, if Sponsor controls the Board, to provide certified financial statements
for the Condominium, as required by the regulations promulgated by the Department of Law.
Sponsor shall provide written notice of the expiration of the delay period to all Unit Owners and
Purchasers in contract at least 30 days prior to the commencement of the collection of Common
Charges. Upon commencement of collection of Common Charges, there will not be any assessment
for any item in the certified budget for the Condominium. In the event Sponsor elects to delay the
collection of Common Charges, Sponsor
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ociates, PC, based on their experience with such matters. There is no attorney
on retainer, and the Board may choose an attorney when needed.
10. Reserve Fund for Major Repairs. This item is to provide for major capital expenses,
which is the maintenance, improvement or replacement of any aspect of the property that will either
enhance the overall value of the property, adapt it to new uses, or increase its useful life. Examples
of a major repair or major capital expense are replacement of the roof or the windows, etc. The
basis of the figure projected for this item is greater than ten percent (10%) of the Common Charges.
At this time, Sponsor has no knowledge of any capital improvements that may have to be made
during the first five years of Condominium operation. In the event there is a need for major capital
expenditure in excess of the funds available from the reserve fund, the Condominium Board will
assess a charge to each Unit Owner in accordance with its percentage o
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ate period. During any such delay, Sponsor will timely pay all expenses of the
Condominium, including but not limited to, insurance premiums and any reserve fund payments. Such
expenses will not include individual Unit Owner expenses such as real estate taxes or utility charges.
During such delay in the collection of Common Charges, Sponsor shall remain obligated to update the
Condominium budget, and, if Sponsor controls the Board, to provide certified financial statements for
the Condominium, as required by the regulations promulgated by the Department of Law. Sponsor shall
provide written notice of the expiration of the delay period to all Unit Owners and Purchasers in contract
at least 30 days prior to the commencement of the collection of Common Charges. Upon
commencement of collection of Common Charges, there will not be any assessment for any item in the
certified budget for the Condominium. In the event Sponsor elects to delay the collection of Common
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eto these actions.
(i) Raise Common Charges or levy a special assessment to:
a. make an alteration to the Common Elements;
b. create an additional reserve fund for repairs, alterations, unanticipated
expenses and/or contingencies which exceed 5% of the projected
common expenses for the budget year;
c. increase, decrease, eliminate or otherwise change the number, type,
classification or working hours of the building’s service staff (if any),
or to hire additional service staff.
d. increase, decrease, or eliminate building services;
e. increase, decrease, eliminate or otherwise change the amounts or types
of insurance coverage from the coverages existing on the date of the
First Closing.
(ii) Borrow money on behalf of the Condominium Association.
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n Charges. During any such delay, 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 Unit Owner’s expenses such as real estate taxes or utility
charges. Upon commencement of collection of Common Charges, there will
not be any assessment for any item in the approved budget for the
Condominium. Sponsor shall remain obligated to update the budget for the
Condominium as required by governing regulations and, if Sponsor is in control
of the Board at the close of the fiscal year, provide certified financial statements
prepared by a CPA. In the event Sponsor elects to delay the collection of
Common Charges, Sponsor shall disclose such fact in the Notice of Closing to
Purchasers and in the post-closing amendment to the Offering Plan. Such
amendment shall also disclose the anticipated period of delay. Sponsor will
notify all unit owners in writing of the
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ndominium at least ten (10) days prior to the date set for the adoption of such budget.
4. Capital Reserves. The 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. There are no restrictions on these powers.
5. Repair and Maintenance Of Units and Common Elements
A. Maintenance.
(i) First Class Condition. Each Unit and all portions of the Common Elements shall be
kept in first-class (same as new, excepting normal wear and tear) condition, order and
repair (and free of snow, ice and accumulation of water with respect to any terrace,
patio, roof or other part of the Property exposes to the elements) by the Unit Owner or
the Board, whichever is responsible for the maintenance thereof, and such Unit Owner
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X. RESERVE FUND Page 117
X. RESERVE FUND
The budget and section 2.4(A)(xxv) of the bylaws provides for a reserve fund to provide for major
capital expenses, which is the maintenance, improvement or replacement of any aspect of the property
that will either enhance the overall value of the property, adapt it to new uses, or increase its useful
life. Examples of a major repair or major capital expense are replacement of the roof or the windows.
The basis of the figure projected for this item must be at least ten percent (10%) of the Common
Charges. It is intended that the Board, at all times, maintain the reserve fund in an amount equal to
10% of Common Charges.
The Reserve Fund will be funded from part of the monthly Common Charge payments made by Unit
Owners including Sponsor so long as Sponsor still owns Units. Of each Common Charge payment,
10% of said payment shall be deposited into the separate Reserve Fund bank account. As such, the
Reserve Fund will not be
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Y. WORKING CAPITAL FUND Page 118
Y. WORKING CAPITAL FUND
Sponsor, as agent of the 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 the Unit. Since
Sponsor is not a Purchaser, Sponsor does not contribute to this account. The Sponsor will deliver the
funds so collected to the Board to provide the necessary working capital for the Condominium which
amount shall be deposited into a bank account. 10% of this contribution shall be deposited into the
separate Reserve Fund bank account. The remaining funds may be used for certain prepaid items,
organizational costs, and for such other purposes as the Board of Managers may determine and may
be replenished as the Board sees fit.
While the Sponsor is in control of the Board, the working capital fund shall not be used to reduce
estimated Common Charges. There will be no adjustments at Closing between the Board and the
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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.
13. Common Interest: The proportionate, undivided interest in fee simple absolute in the
Common Elements appertaining to each Unit, as expressed in the Declaration of
Condominium.
14. Condominium: The 636 Lorimer Street Condominium which was established pursuant
to the terms of the Declaration and is to be governed pursuant to the terms
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(xxiv) to carry out any other duties imposed upon the Board pursuant to
the Declaration and these By-Laws; and
(xxv) to create and maintain a reserve fund to pay for major capital
expenditures and/or a contingency fund to pay for unanticipated
expenses.
(B) The Board shall be responsible for carrying out the duties imposed upon it under the
Condominium Documents regardless of whether a Unit is vacant or occupied by the owner
thereof or by a permitted lessee or other permitted occupant.
Section 2.5. Exercise and Delegation of Powers and Duties.
(A) Any act within the power of the Board to perform, and deemed necessary or desirable
to be performed by the Board, shall be performed by the Board or shall be performed on
its behalf and at its direction by the agents, employees, or designees of the Board.
(B) The Board may appoint an Executive Committee by duly adopted resolution, which
Executive Committee shall have, and may exercise, all of the powers of the Bo
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g instead. During any such delay,
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 unit owner’s expenses such as real estate taxes and
utility charges. Upon commencement of collection of common charges, there
will not be any assessment for any item in the approved budget for the
condominium. Sponsor shall remain obligated to update the budget for the
Condominium as required by governing regulations and, if Sponsor is still in
control of the Board at the end of the fiscal year, to have a certified public
accountant prepare certified financials of the condominium. In the event
Sponsor elects to delay the collection of common charges, Sponsor shall
disclose such fact in the closing notice to Purchasers and in the post-closing
amendment to the Offering Plan. Such amendment shall also disclose the
anticipated period of delay. Sponsor will notify all
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o these actions.
(iii) Raise common charges or levy a special assessment to:
a. make an alteration to the common elements;
b. create an additional reserve fund for repairs, alterations,
unanticipated expenses and/or contingencies which exceed 5%
of the projected common expenses for the budget year;
c. increase, decrease, eliminate or otherwise change the number,
type, classification or working hours of the building’s service
staff (if any), or to hire additional service staff.
d. increase, decrease, or eliminate building services;
e. increase, decrease, eliminate or otherwise change the amounts
or types of insurance coverage from the coverages existing on
the date of the First Closing.
(iv) Borrow money on behalf of the Condominium Association.
Notwithstanding the foregoing, Sponsor may not exercise veto power over
expenses described in Schedule B, or over expenses required: (i) to comply with
applicable laws or regulations; (ii) to remedy any notice of violation; (ii
Assessments & charge increases · 21 source passages
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rrent or future expenses, including repairs or replacements, and if additional funds are required,
the Board may increase Common Charges or impose a special assessment. See Section “Working
Capital Fund” for details.
(T) There will be a reserve fund to provide for major capital repairs or improvements in an
amount equal to at least 10% of the Common Charges. The Reserve Fund will be funded from part
of the monthly Common Charge payments made by Unit Owners including Sponsor so long as
Sponsor still owns Units. Of each Common Charge payment, 10% of said payment shall be deposited
into the separate Reserve Fund bank account. In addition to the monthly contributions, the reserve
fund shall also be supplemented by 10% of the Initial Capital Payment which is collected from all
Purchasers at Closing. Because of this supplement, the actual amount of the Reserve Fund at the end
of the first full year of Condominium operations may be greater than the amount projected in
Schedule B.
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s Plan. No bond or
other security has been posted to secure Sponsor's obligations. Should Sponsor fail in its obligation
to pay all Common Charges, special assessments and real estate taxes with respect to Unsold Units,
the Board may file a lien against the Unsold Units in accordance with law and Purchasers under
contract will be offered rescission. See “Rights and Obligations of Sponsor”.
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percent (25%) of the total Units, whichever is sooner, the Board must obtain Sponsor’s prior
written approval to: (a) raise Common Charges or levy a special assessment to (1) make an alteration
to the Common Elements; (2) create an additional reserve fund for repairs, alterations, unanticipated
expenses and/or contingencies which exceed 5% of the projected common expenses for the budget
year; (3) increase, decrease, eliminate or otherwise change the number, type, classification or
working hours of the building’s service staff (if any), or to hire additional service staff; (4) increase,
decrease, or eliminate building services; (5) increase, decrease, eliminate or otherwise change the
amounts or types of insurance coverage from the coverages existing on the date of the First Closing;
or (b) borrow money on behalf of the Condominium Association. Sponsor may not exercise veto
power over expenses described in Schedule B, or over expenses required: (i) to comply with
applicable la
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2. Selling Agent: Sponsor or a NY licensed real estate broker appointed by Sponsor to
market and sell the Condominium Units.
53. Special Assessments: 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 (D) of Section 6.1 of the By-Laws.
54. Sponsor: As per New York State regulations for newly constructed and vacant
condominiums, 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." The Sponsor of this offering
plan is 636 Lorimer Condominium, LLC.
55. Time of the Essence: Purchaser must cure a default or satisfy a con
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ng Plan which are to be performed
subsequent to the closing date will survive delivery of the deed.
C. Sponsor agrees to pay all Common Charges, special assessments and real estate taxes
with respect to Unsold Units. Sponsor represents that it has the financial resources to meet its
obligations with respect to Unsold Units. Such obligations shall be funded through the sales of Unsold
Units and from other funds of the Sponsor. No bond or other security has been posted to secure
Sponsor's obligations. Should Sponsor fail in its obligation to pay all Common Charges, special
assessments and real estate taxes with respect to Unsold Units, the Board may file a lien against the
Unsold Units in accordance with law and Purchasers under contract will be offered rescission.
D. Sponsor will cause the Board to maintain the Property in substantially the same
condition and manner as on the date of First Closing until expiration of the Initial Control Period as
opposed to letting the
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onsor’s prior written approval with regard to the below items. During this time, Sponsor may
veto these actions.
(i) Raise Common Charges or levy a special assessment to:
a. make an alteration to the Common Elements;
b. create an additional reserve fund for repairs, alterations, unanticipated
expenses and/or contingencies which exceed 5% of the projected
common expenses for the budget year;
c. increase, decrease, eliminate or otherwise change the number, type,
classification or working hours of the building’s service staff (if any),
or to hire additional service staff.
d. increase, decrease, or eliminate building services;
e. increase, decrease, eliminate or otherwise change the amounts or types
of insurance coverage from the coverages existing on the date of the
First Closing.
(ii) Borrow money on behalf of the Condominium Association.
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discharge the same;
E. Common Charges: to determine amounts and establish the means and methods of
payment of, and to collect, Common Charges and special assessments from Unit Owners, and to use
the Common Charges and special assessments collected from Unit Owners, as well as all other funds
held by the Board or received in connection with the operation of the Property, for the administration
of the Condominium, including, without limitation: (a) the payment of Common Expenses and (b) the
making of restorations, additions, alterations and improvements to the Common Elements;
F. Loans: 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 any loans outstanding from previous
fiscal years) in a
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all be permitted to mortgage, pledge or hypothecate his Unit
unless and until he shall have paid in full to the Board all unpaid Common Charges and
special assessments theretofore assessed against such Unit and shall have satisfied all
unpaid liens;
(ii) no Unit Owner shall execute any mortgage or other document mortgaging,
pledging or hypothecating title to his Unit without including therein its Appurtenant
Interests, it being the intention to prevent 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;
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ermitted Mortgagee, the Board shall
promptly report to such Permitted Mortgagee any default by his
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 Board has knowledge then exists.
(ii) Mortgagee shall be permitted to pay any sum of money due from the
mortgagor and the Board shall be obligated to accept such payment.
(iii) Mortgagee shall have the right to inspect the books and records of the
Condominium.
(iv) Mortgagee shall receive notice:
i. In the event the Building, Common Elements or any part thereof is
taken in condemnation or by eminent domain;
ii. Whenever mortgagor defaults in performing 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)
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a
foreclosure of a Permitted First Mortgage, the defaulting Unit Owner
shall remain fully liable for the payment of all unpaid Common Charges
and Special Assessments that accrued prior to such foreclosure. Any
unpaid sums that are not collected from such defaulting Unit Owner
shall be deemed a Common Expense, collectible from all those who are
Unit Owners at the time that the same is levied (including the new Unit
Owner of the subject Unit).
3. Common Charges: Assessment, Collection and Lien for Non-Payment
A. Commencement of Collection.
(i) The Board will commence collection of Common Charges upon the Closing of
Title to the first Unit provided the Sponsor has not exercised its option to pay
all expenses of operation of the Property in lieu of collecting Common Charges.
(ii) Sponsor may, in its sole discretion, elect to pay the expenses of the Building in
lieu of collecting Common Charges. During any such delay, Sponsor will
timely pay all expenses of the Co
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assess
Common Charges, the Board shall have the right, subject, in all respects, to the strictures contained in
Section 2.4 of the bylaws, to levy special assessments to meet the Common Expenses. All special
assessments may be payable either in one lump sum or in installments, as the Board shall determine,
provided, however that the Board shall give each Unit Owner not less than thirty (30) 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 Board shall have
all rights and remedies for the collection of special assessments as are provided herein for the collection
of Common Charges. The Board has the right to allocate certain assessments on a special basis which
reflects actual benefit and/or use associated with that particular item of expense or exclusive control of
the particular Common Elements, pursuant to N.Y.
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in the reserve fund is inadequate to cover
major capital improvements needed, there may be an increase in Common Charges or the Board may
impose a special assessment. The reserve fund may not be used to reduce projected Common Charges
in the Plan.
NEITHER THE DEPARTMENT OF LAW NOR ANY OTHER GOVERNMENT AGENCY HAS
PASSED UPON THE ADEQUACY OF THE RESERVE FUND.
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2. Selling Agent: Sponsor or a NY licensed real estate broker appointed by Sponsor to
market and sell the Condominium Units.
53. Special Assessments: 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 (D) of Section 6.1 of the By-Laws.
54. Sponsor: As per New York State regulations for newly constructed and vacant
condominiums, 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." The Sponsor of
this offering plan is 636 Lorimer Condominium, LLC.
55. Time of the Essence: Purchaser must cure a default or satisfy a con
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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 Board or
received in connection with the operation of the Property, for the
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rogress
payments. If the Trust Funds shall be less than sufficient to discharge the cost and expense
of performing the Work, the 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 or owners of the Units or Limited Common
Elements 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
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sor’s prior written approval with regard to the below
items. During this time, Sponsor may veto these actions.
(iii) Raise common charges or levy a special assessment to:
a. make an alteration to the common elements;
b. create an additional reserve fund for repairs, alterations,
unanticipated expenses and/or contingencies which exceed 5%
of the projected common expenses for the budget year;
c. increase, decrease, eliminate or otherwise change the number,
type, classification or working hours of the building’s service
staff (if any), or to hire additional service staff.
d. increase, decrease, or eliminate building services;
e. increase, decrease, eliminate or otherwise change the amounts
or types of insurance coverage from the coverages existing on
the date of the First Closing.
(iv) Borrow money on behalf of the Condominium Association.
Notwithstanding the foregoing, Sponsor may not exercise veto power over
expenses described in Schedule B, or over expenses required:
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of and assess Common
Charges, the Board shall have the right, subject, in all respects, to the strictures contained
in Section 2.4 hereof, to levy Special Assessments to meet the Common Expenses or to
fund additional projects. All Special Assessments may be payable either in one lump sum
or in installments, as the Board shall determine, provided, however that the Board shall
give each Unit Owner not less than thirty (30) 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 Board shall
have all rights 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). The Board has the right to allocate certain items on a special basis
which reflects actual benefit and/or use associated with that par
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l be levied against only that Unit.
Section 6.2. Payment of Common Charges.
(A) All Unit Owners shall be obligated to pay Common Charges and Special Assessments
assessed by the Board pursuant to the terms of Section 6.1 hereof at such time or times (but
not less than annually) as the Board shall determine. Unless otherwise determined by the
Board, Common Charges shall be payable in installments on the first day of every month
in advance. To the extent permitted by Law, the Board shall have a lien on each Unit, on
behalf of all Unit Owners, for unpaid Common Charges and Special Assessments assessed
against such Unit. Such lien, however, shall be subordinate, to the extent required by Law,
to any liens for real estate taxes assessed against such Unit.
(B) No Unit Owner shall be liable for the payment of any part of Common Charges or
any Special Assessments assessed against his Unit subsequent to a sale, transfer, or other
conveyance by him of such Unit, together wi
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Document Number 7 - Bylaws Page 37
Assessments thereafter accruing, provided, however that: (i) all Common Charges and any
Special Assessments then due and payable with respect to such Unit have been paid; (ii)
such 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 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
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harges.
No Unit Owner shall be permitted to convey or lease his Unit unless he shall have paid in
full to the 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.
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 title insurance company
(or, if no such representative is present, to the 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 in Part II of the Offering Plan.
Section 7.5 Right of First Refusal.
There is no right of first refusal in this Condominium.
ARTICLE 8 - MORTGAGING OF UNITS
Section 8.1. General.
Each Unit Owner shall have the right to mortgage his Unit
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ermitted Mortgagee, the Board shall promptly report
to such Permitted Mortgagee any default by his 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 Board has knowledge then
exists. The 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
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 Board shall advise such Permitted Mortgagee of the
default promptly after discovering such failure and (ii) if the Board shall foreclose a lien
on such mortgagor's Unit pursuant to the terms of Section 6.4 hereof by reason of such
default, the Board shall pay to such Permitted Mortgagee the net proceed