Reserves & financial health · 20 source passages
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. . . . . . . . . . . . . . . . . . . . . . . . . . .93
XX. OPINION OF COUNSEL . . . . . . . . . . . . . . . . . . . . ......................96
XXI. RESERVE FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101
XXII. WORKING CAPITAL . . ..........................................102
XXIII. MANAGEMENT AGREEMENT, CONTRACTS AND LEASES . . . . . . . . . . . . . .104
XXIV. IDENTITY OF PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106
XXV. RESERVATION OF AIR RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
XXVI. REPORTS TO UNIT OWNERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109
XXVII. DOCUMENTS ON FILE .......................................... 110
XXVIII. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
XXIX. SPONSOR’S STATEMENT OF BUILDING CONDITION . . . . . . . . . . . .
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charged to all Unit Owners as a Common Expense. See Section IV, “Offering Prices and
Related Information” and See Part II, “Floor Plans”.
12) A reserve fund is provided for in the Budget. The New York City Reserve Fund Law
restricts the use of the reserve fund to repair and replacements . This fund is for the repair,
replacement or other capital items that may have to be obtained by the Condominium without the
necessity of resorting to a special assessment to unit owners. Sponsor anticipates that the reserve
fund will be sufficient to cover the cost of capital replacements within five years after the first
closing. See Section V, Schedule B and Section XXI, “Reserve Fund”.
13) All funds received by the Sponsor for upgrades or extras must initially be placed in the
escrow account. Such funds may be released from the escrow account by the escrow agent as long
as the Sponsor uses the funds for such upgrades or extras. As a resul t, in the event the Purchaser
is entitle
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entitled “Control By Sponsor”).
20) Adjustments for prepaid expenses between the Sponsor and the Board of Managers may
be deducted only from the working capital fund. Net adjustments for prepaid expenses, if in favor
of the Sponsor, are to be paid from the working capital fund. There will be a minimum working
capital fund totaling the aggregate of 2 months of common charges regardless of the amount of
adjustments. In the event that the Working Capital Fund is not sufficient to cover any adjustment
in favor of the Sponsor, common charges will be increased to cover any such shortfall. See Section
XXII, “Working Capital Fund”.
21) The use of the Units is for single family residence and home office as permitted by law .
See Part II, “By-Laws”.
22) The cellar area and terraces are not to be used for habitable space as defined by the NYS
Building Code or rented independently. Further, accessory rooms in the cellar, including portions
of any Units, may not be used fo
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during any such delay period, the
Sponsor will timely pay all expenses of the Condominium, including but not limited to insurance
premiums and any reserve fund payments and such expenses shall not include individual unit
owner expenses such as real estate taxes, utility charges, etc. ; (v) upon the commencement of the
collection of Common Charges, there will not be an assessment for any item set forth in the
approved budget for the Condominium; and (vi) the Sponsor shall remain obligated to update the
budget for the Condominium. See “Notes to Schedule A” in Section IV of the Plan.
40) Any matter required or permitted to be determined by arbitration pursuant to the terms of
the Condominium Documents shall be submitted for resolution by a single arbitrator in a
proceeding held in New York City, New York, in accordance with the then existi ng rules of the
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t to, the Residential Common Elements and/or the Limited
Residential Common Elements; or (ii) the establishment and/ or maintenance of an operating
reserve fund for working capital, for replacements with respect to the Residential Common
Elements and/or Limited Residential Common Elements.
“Residential Unit” shall mean any space designated as a Residential Unit in the Declaration
together with its Common Interest and Residential Common Interest. All such Residential Units,
are collectively, referred to as the “Residential Units”.
“Rules and Regulations” refers to the rules and regulations made in accordance with the
By-Laws and attached thereto as Schedule A.
“Sales Office” shall mean the sales office for the Sponsor or Selling Agent, at a location to
be designated by either Sponsor or Selling Agent from time to time.
“Schedule A” refers to Schedule A, “Purchase Prices and Related Information” for the
Projected First Year of Condominium Operation set forth in P
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during any such delay period, the
Sponsor will timely pay all expenses of the Condominium, including but not limited to insurance
premiums and any reserve fund payments and such expenses shall not include individual unit
owner expenses such as real estate taxes, utility charges, etc .; (v) upon the commencement of the
collection of Common Char ges, there will not be an assessment for any item set forth in the
approved budget for the Condominium; and (vi) the Sponsor shall remain obligated to update t he
budget for the Condominium.
8. This figure is the estimated real estate tax shown annually. After the Condominium is
divided into individual tax lots, each Unit will be taxed as a separate tax lot and each Unit Owner
will be responsible only for the real estate tax of his or her Unit and not for any lien arising out of
the non-payment of real estate taxes by other Units. Real estate tax estimates are based upon annual
tax estimates for the entire property upon completion
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.................$3,300.00
Contingency Fund (see note 11) ............................................................................$1,200.00
Reserve Fund (see note 12) ....................................................................................$5,300.00
TOTAL ............................................................................................................................$52,265.00
In the event the estimated first year differs from the actual commencement of the budget year by six (6) months or
more, Sponsor will amend the plan to include a revised budget. See explanatory notes. If the amended budget exceeds this
budget by 25% or more, the Sponsor will offer all purchasers the right to rescind the purchase agreement. Purchasers in
contract shall have fifteen (15) days after the date of presentation of the notice to purchasers to exercise the right to rescind
the Purchase Agreement, whether or not Sponsor offers to guarantee the previous budget proj
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r major capital repairs or
replacement items likely to be needed within the first five years of Condominium operation.
Sponsor anticipates that the reserve fund will be sufficient to cover the cost of capital replacements
within five years after the first closing . The difference between the reserve fund and the
contingency fund is that the reserve fund is to be used only for capital expenditures (such as roof
replacement or other major repairs) while the contingency fund may be used for day to day items
required to operate the condominium. See Section XXI, “Reserve Fund.”
The Sponsor anticipates that the first closing of a unit will occur by July 1, 2026. Purchasers
will be offered a right of rescission if: (i) the actual date of closing of title to the first unit; or (ii)
the projected date of closing of title to the first unit occurs later than June 30, 2027, twelve months
after the projected date for the first closing. If the Plan is amended to provide for a later proje
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price,
which by law is the primary obligation of the Purchaser.
7. Two months of Common Charges are to be paid to the Condominium as an initial
working capital contribution. While Sponsor is in control of the Board of Managers the working
capital fund will not be used to reduce the Common Charges. If any portion of the working capital
fund is used during this period to pay for items in the budget set forth as Schedule B, such amounts
will be repaid to such fund out of Common Charges collected.
When completely funded, after all closings, the Working Capital fund will contain two
months aggregate Common Charges. The purpose of this fund is to provide for unanticipated
expenses that may arise in the day to day management of the Condominium from time to time
without the necessity of resorting to a special assessment to unit owners. While the exact nature
of unanticipated expenses cannot be defined, this contingency may be used to offset the costs of
insurance deductibl
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This Plan must state in two separate sections whether the Condominium will have funds
for Working Capital. The other section is Section XXII, Working Capital Fund.
8. At closing, the purchaser must pay the Sponsor’s attorney fee in the amount of $3,000.00
to reimburse Sponsor for a portion of its legal fees incurred in connection with the closing of title
of the Purchaser’s unit. If the closing takes place at a location other than in the Sponsor’s counsel’s
office, the Purchaser will be required to pay to Sponsor’s counsel an additional fee of $ 500.00 or
$250.00 if the closing is held remotely. If the closing is adjourned through no fault of the Sponsor,
the Purchaser will be required to pay to Sponsor ’s Counsel an additional fee of $250.00 for each
adjournment to defray the cost of scheduling, preparing for, and coordinating the new closing. If
the closing venue changes to accommodate a Purchaser’s request, extra costs will be added to
closing costs. If Sponsor, in it
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...$39,104.62
Additional Transfer (Mansion) Tax…..………………………………….......….$27,334.04
Supplemental NYC (Mansion) Tax…..…………………………….……....…….$6,833.51
Working capital approx. (2 mo. Common Charges) ..............................................$1,306.62
Sponsor’s attorney fee............................................................................................$3,000.00
Creation costs .........................................................................................................$2,000.00
TOTAL ..............................................................................................................$145,794.82
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nce policy or policies provided for in Schedule B. Sponsor will be
reimbursed for the cost of the insurance policy by the Board of Managers from the Working Capital
Fund. The policies to be secured by Sponsor shall include fire and casualty insurance pursuant to
an agreed amount replacement value policy or in an amount sufficient to avoid co -insurance, as
reflected in Schedule B.
l. The Sponsor will NOT submit an application for a tax abatement or exemption for the
property.
m. Sponsor shall keep copies of the Offering Plan exhibits and documents referred to in
the Offering Plan on file at Sponsor ’s offices for six (6) years from the date the Declaration is
recorded.
n. In accordance with Section 339 -p of the New York Real Property Law, a registered
architect or licensed professional engineer shall certify within reasonable tolerances that the Floor
Plans filed with the recording of the Declaration are a n accurate copy of portions of the plans of
the Buildings
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SECTION XXI. RESERVE FUND
This Condominium shall maintain a reserve fund. The New York City Reserve Fund Law
restricts the use of the reserve fund to repair and replacements . As set forth in the First -Year
Budget in Section V of this Plan, the reserve fund will be funded by each Unit Owner as part of
the monthly Common Charges. The amount collected each year shall be at least 10% of the yearly
budget for the year prior. This a mount will be placed on deposit in order to provide for major
capital repairs or replacement items likely to be needed within the first five years of Condominium
operation. Sponsor does not anticipate that any such repairs will be required. Sponsor anticipates
that the reserve fund will be sufficient to cover the cost of capital replacements within five years
after the first closing. This fund may not be used to fund the day to day operations of the
Condominium. For the first year of operation, the sum of $5,300.00 has been budgeted towards
th
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SECTION XXII. WORKING CAPITAL FUND
At the time of the closing of title to each Unit to a bona fide Purchaser, such Purchaser
shall pay a sum equal to two months Common Charges to the Board of Managers for its working
capital (the Working Capital Fund).
For such period as Sponsor retains control of the Board of Managers, the Working Capital
Fund shall not be used to reduce estimated Common Charges,
At the First Unit Closing, Sponsor will apportion with the Board, to the extent applicable
to the Condominium, the following items as of midnight of the date preceding said Closing:
1. Employees’ wages, vacation and severance pay, pension and welfare benefits and
accruals, uniforms and all other payments or obligations relative to the employees of the Building;
2. Deposits with utility companies, if any, and fees for assignable permits and licenses,
if any;
3. Charges for electricity and other utilities for the Common Elements and the Limited
Common Elements;
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The Board will be able to utilize the money in the Working Capital Fund at any time and,
accordingly, no representation or warranty can be made and no assurance can be given as to the
exact amount of funds available at any specific time.
Within three months from the end of the first year of operation of the Condominium,
Sponsor shall deliver to the Board of Managers a statement certifying in detail as to any changes
in the amount of the Working Capital Fund which occurred since the first closing.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE WORKING
CAPITAL FUND WILL BE, OR IS INTENDED TO BE, ADEQUATE TO COVER CURRENT
OR FUTURE EXPENSES, FOR THE FIRST , OR SUBSEQUENT , YEAR OF THE
CONDOMINIUM’S OPERATION. NEITHER THE DEPARTMENT OF LAW NOR ANY
OTHER GOVERNMENT AGENCY HAS PASSED UPON THE ADEQUACY OF THE
WORKING CAPITAL FUND.
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d power of
attorney in favor of the Board of Managers; (ii) an amount equal to two month’s Common Charges
representing Purchaser’s share of initial working capital for the Condominium; and (iii) the closing
fees described in the section entitled Closing Costs and Adjustments in the Plan.
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deletion which shall adversely affect the
lien or any mortgage (including, but not limited to, changes with respect to voting, assessments,
liens, reserve fund, repair and replacement of common elements, insurance, rights to use common
elements, maintenance and repair, imposition of right of first refusal, establishment of self -
management) may be made without the written consent of the First Mortgagees, if any, of each of
the same Units;
b) No amendment which shall change the percentage of Common Interests allocated
to any Unit or Units may be made without the written consent of such Owner and the First
Mortgagees, if any, of each of the same Units;
c) No amendment, modification, addition or deletion of or to this Declaration will be
effective in any respect against the Sponsor, its designee, or any Unsold Unit until the Sponsor or
such designee shall consent thereto in writing.
d) No amendment, modification, addition or deletion of or to this Declaration which
wo
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s, to apply same
as a credit against Common Charges on a pro rata basis for all Unit Owners who have contributed
to such fund;
q. To receive any reserve fund and to hold and use such Reserve Fund exclusively for making
capital repairs, replacements, and improvements necessary for the health and safety of residents of
the Building;
r. To require that all officers and employees of the Condominium handling or responsible for
Condominium Funds shall furnish adequate fidelity bonds. The premium on such bonds shall be a
common expense.
Section 3. Nomination and Election:
The Managers shall be elected for a term of one year at the Annual Meeting of Unit Owners or at
a Special Meeting called for that purpose as provided by law. Each Unit shall be entitled to cast
one vote for each .01% of Common Interest in the Condominium a ppurtenant to the Unit, which
may be cast all for one nominated Manager, or divided among any number of candidates. Their
term of office shall be
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st of all other
services, being provided, is no greater than that provided in said notes;
c) Establish any reserve other than the Reserve and/or Working Capital Funds set forth in the
Offering Plan.
However, notwithstanding anything contained herein to the contrary, the Sponsor, as Holder of
Unsold Units, or other Holder(s) of Unsold Units, shall not veto the expenses set forth in
SCHEDULE B of the offering plan, or expenditures required to comply wit h applicable laws or
regulations.
Section 9. Rules and Regulations:
The Board of Managers may from time to time adopt and amend such rules and regulations as it
may deem necessary in respect to the Building of the Condominium for the health, safety and
convenience of the Unit Owners. Copies thereof and of changes therein shall be furnished to each
Unit Owner.
Section 10. Compensation:
No Member of the Board of Managers shall receive any compensation from the Condominium for
acting as such.
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unt as the Board of Managers may
deem proper for the operation and maintenance of the Common Elements including , without
limitation, an amount for working capital of the Condominium, for a general operating reserve, for
a reserve fund for replacements, and to make up any deficit in the common expenses for any prior
year. The Common Expenses may also include such amounts as may be required for the purchase
or lease of any Unit whose Owner has elected to sell or lease such Unit, or any Unit which is to be
sold at a foreclosure or other judicial sale. The Board of Managers shall advise all Unit Owners
promptly, in writing, of the amount of Common Charges and Expenses payable by each of them,
respectively, as determined by the Board of Managers, as aforesaid, and shall furnish copies of
each budget on which such Common Charges and Expenses are based, to all Unit Owners . Any
dispute relating to the expenses to be borne by the Unit Owners shall be submitted to arbitration
in
Assessments & charge increases · 14 source passages
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fund is for the repair,
replacement or other capital items that may have to be obtained by the Condominium without the
necessity of resorting to a special assessment to unit owners. Sponsor anticipates that the reserve
fund will be sufficient to cover the cost of capital replacements within five years after the first
closing. See Section V, Schedule B and Section XXI, “Reserve Fund”.
13) All funds received by the Sponsor for upgrades or extras must initially be placed in the
escrow account. Such funds may be released from the escrow account by the escrow agent as long
as the Sponsor uses the funds for such upgrades or extras. As a resul t, in the event the Purchaser
is entitled to rescission, the Purchaser will not receive a refund of any funds actually expended for
upgrades or extras unless the Plan is abandoned by Sponsor in which case, Purchasers will receive
a refund of the funds expended for extras and upgrades. The cost of extras and special work must
be paid for
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s. The consequence of not obtaining such additional
insurance is that in the event of any uncov ered 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. Purchasers
should note that it is desirable to obtain additional insurance at their own cost to cover such risks.
See Schedule B in Section V entitled “Projected Budget”.
26) The Board of Managers of the Condominium does not have a right to approve or disapprove
prospective purchasers. The Board does not have the right of first refusal to purchase a unit on
behalf of the Condominium. See the section entitled “By-Laws” in Part II of the Plan.
27) All deposits, Down Payments, or advances made by purchasers prior to closing of each
individual transaction, whether received before or after the date of consummation of the plan, must
be placed within five business days after the agreement is signed by all necessary parties, in an
escrow account i
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for unanticipated
expenses that may arise in the day to day management of the Condominium from time to time
without the necessity of resorting to a special assessment to unit owners. While the exact nature
of unanticipated expenses cannot be defined, this contingency may be used to offset the costs of
insurance deductibles on claims, to provide for additional management or maintenance services or
improvements not otherwise classified in this budget. It will not be used to replace capital items.
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nsor sells and conveys those Units. If any Unit Owner fail s 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 for any period for which Sponsor collected escrows are
lower than the amount collected and held in escrow, the Board of Managers shall pay the Unit
Owners their proportionate share of any excess.
If as of the date of closing, the unit s are not separately assessed and the unit owner is
required to deposit moneys with the Board for the payment of real estate taxes, in addition to such
deposit with the Board, the Unit Owner’s lender may also require an escrow for taxes.
11. Purchasers of Residential Units shall also reimburse the Sponsor $2,000.00 each for
Sponsor’s cost for engineering, architect and expediting fees to create the Condominium
(“Cre
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ents’ fees and commissions, engineers ’ fees,
appraisal and surveying fees and costs.
f. Sponsor will pay all Common Charges, real estate taxes, Special Assessments and other
expenses allocable to any Units owned by Sponsor, so long as Sponsor shall continue to own such
Units. However, as set forth in this Offering Plan, where Purchaser has caused an unauthorized
delay in Closing, sponsor shall be entitled to reimbursement by Purchaser of real estate taxes and
Common Charges during such unauthorized delay.
Sponsor represents that it has sufficient financial resources to complete construction and
to meet its obligations with respect to unsold units and will not require additional financing or the
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. Prior to or simultaneously with the closing of any mortgage transaction, the Unit
Owner must satisfy all arrears for any unpaid Common Charges and Special Assessments owed
by such Unit owner and discharge any liens therefor. Any first mortgagee who obtains title to a
Unit pursuant to the remedies in the Mortgage or through foreclosure will not be liable for more
than 6 months of the unit's unpai d regula rly budgeted dues or charges accrued before the
acquisition of the title to the unit by the mortgagee.
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ems necessary to meet unanticipated or
extraordinary expenses, including, but not limited to, expenses incurred for major capital
improvements. The Special Assessments to be paid by each Unit Owner shall also be determined
in accordance with the Unit Owner’s percentage of Common Interest, as determined by the Board
of Managers.
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at
a later date or with respect to a subsequent failure to pay within the designated time. The failure to
make prompt payment of Common Charges or Special Assessments when due shall subject the
Unit Owner to a late charge as described in the By -Laws. Notwithstanding the foregoing, the
Sponsor, any Sponsor-designee and any partner of any entity affiliated directly or indirectly with
Sponsor shall not be subject to the late charge.
The Sponsor will cause the Board of Managers to file a lien as provided for in Section 339-
aa of the Real Property Law on Units in which Sponsor is more than 30 days in arrears of Common
Charges while it is in control of the Board of Managers.
No Unit Owner shall be liable for the payment of any part of the Common Charges assessed
against his or her Unit subsequent to a sale, transfer, or other conveyance made by him or her of
his or her Unit, with appurtenant Common Elements, in accordance with the Declaration and By-
Laws.
6. Repairs, R
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er. The consequence of not obtaining such additional insurance is that 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
UNIT OWNERS SHOULD CONSULT THEIR INSURANCE AGENT AS TO THE
AVAILABILITY OF INSURANCE TO COVER ALL OF THE AFOREMENTIONED AND
ANY ADDITIONAL COVERAGE WHICH MIGHT BE RECOMMENDED.
In the event of a taking in condemnation or by eminent domain of part or all of the Common
Elements, the award made for such taking shall be payable to the Board of Managers, if such award
amounts to $250,000.00 or less, and to the Insurance Trustee if such award amounts to more than
$250,000.00. If seventy-five (75%) percent or more of the Unit Owners duly and promptly approve
the repair and restoration of such Common Elements, the Board of Managers or the Insurance
Trustee, as the case may be, shall arrange for the repair and restoration of such Common Elements,
and
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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 for any period for which Sponsor collected escrows are
lower than the amount collected and held in escrow, the Board of Managers shall pay the Unit
Owners their proportionate share of any excess.
Real estate taxes for the Units will be assessed by the New York City Department of
Finance. Sponsor anticipates that construction will be completed before the first year of operation.
Based on the opinion of RE Tax Service, LLC, Sponsor’s expert, by letter dated May 1, 2025, the
current tax rate for residential condominiums is 12.5020%. Sponsor’s tax expert has estimated the
assessed value for the residential Units for the first year of condominium operati
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ded capital expenditures such as renewal
or replacement of building components or systems or to remedy major building defects, the Board
may make a special assessment on all unit owners or apply for an unsecur ed loan from a bank or
another lender.
While Sponsor is in control of the Board of Managers, the reserve fund or working capital
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 fund.
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scrow, the Board of Managers shall pay the
difference and shall bill Unit Owners for their proportionate share of any necessary reimbursement,
as a Special Assessment. Sponsor will remain liable for all real estate taxes attributable to
Sponsor’s Units until Sponsor 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 for any period for which Sponsor
collected escrows are lower than the amount collected and held in escrow, the Board of Managers
shall pay the Unit Owners their proportionate share of any excess.
9. Escrow of Down Payment. A copy of the “Escrow Agreement for Contract
Deposit” is included as Exhibit A to this contract and must be executed by Purchaser, Sponsor and
Escrow Agent.
10. Sponsor’s Rig
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( “Common Charges”) to cover the cost of
common expenses, payable in advance. The Board of Managers may increase the monthly
assessments or vote a special assessment in excess of that amount, if required, to meet any
additional necessary expenses, but said increases can only be assessed among the Unit Owners pro
rata according to the formula provided for herein except that with respect to special assessments
and Common Charges that are imposed for matter pertaining only to the Residential Units and not
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Unit Owner shall he permitted to convey or lease his Unit unless he shall have paid in full
to the Board of Managers 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 provided that if a Unit Owner shall convey his Unit without
having paid in full all such payments, the purchaser of such Unit shall be responsible for all such
payments.
(f) 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 Sponsor or its designee, or, if Sponsor or its designee is
not then the owner of any Unsold Unit, to the Board of Managers) for recording in the Register’s
Office, the Unit Owner’s Power of Attorney required in Article 13 of the Declaration, in the form
set f