Reserves & financial health · 16 source passages
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F MANAGERS
REAL ESTATE TAXES 88
INCOME TAX DEDUCTIONS TO UNIT OWNERS AND 93
TAX STATUS OF THE CONDOMINIUM
OPINION OF COUNSEL 94
WORKING CAPITAL FUND 100
RESERVE FUND 101
IDENTITY OF PARTIES 103
REPORTS TO UNIT OWNERS 105
DOCUM
ENTS ON FILE 105
GENERAL 105
SPONSOR'S STATEMENT OF SPECIFICATIONS 106
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HIGHER.
Please see “Real Estate Taxes” Section of the Plan.
24. While Sponsor is in control of the Board of Managers of the Condominium, the
reserve fund or working capital fund may not be used to reduce the projected Common Charges
in the Plan. Please see “Working Capital Fund” and “Reserve Fund” Sections of the Plan.
25. The Purchase Agreement contains a provision that Purchaser waives the right to
trial by jury in any litigation arising out of, or connected with, or relating to the Purchase
Agreement or the relationship created by the Purchase Agreement or the Plan. Please see
Section 34 of the Purchase Agreement in Part II of the Plan.
26. Pursuant to the By -Laws of the Condominium, any matter arising out of the
Condominium Documents, except for an action to foreclose a lien for unpaid common charges
by the Board of Managers, shall be submitted for resolution by a panel of three (3) arbitrators in
a proceeding held in the City of New York, which arbitrato
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i. the Condominium will not have a right of first refusal;
ii. the Condominium will not have a commercial space;
iii. the Condominium will have a reserve fund equal to 10% of budgeted
income;
iv. the Condominium will have a master insurance policy covering 100% of
replacement cost of the Building, not including the foundation or land;
v. the Condominium will have a general liability policy insuring all common
elements and public ways.
The project currently does not have FHA loan certification. Sponsor will disclose by an
amendment if the project receives FHA loan certification.
12. Purchasers should note that in the current real estate market, banks and other
lenders are imposing various restrictions on purchase financing. Such restrictions include
requiring that a certain percentage of units in a building or group of buildings be sold before a
lender will consider making a loan. Thus, it may be possible for a purchaser to experience
difficulty obtaining a loan
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.00
Service contracts and supplies (6) $4,200.00
Insurance (7) $5,200.00
Management fee (8) $0.00
Legal fees and audit fees (9) $1,900.00
Yearly reserve fund (10) $2,468.00
TOTAL $24,675.00
Note: All figures are rounded to the nearest dollar.
IF THE ACTUAL OR PROJECTED DATE OF COMMENCEMENT OF
CONDOMINIUM OPERATIONS IS DELAYED MORE THAN SIX (6) MONTHS FROM THE
BUDGET YEAR PROJECTED IN THE PLAN, THE PLAN WILL BE AMENDED TO INCLUDE
A REVISED BUDGET DISCLOSING AMENDED PROJECTIONS. IF SUCH AMENDED
PROJECTIONS EXCEED THE ORIGINAL PROJECTIONS BY 25% OR MORE, ALL
PURCHASERS WILL HAVE A RIGHT TO RESCIND THEIR PURCHASE AGREEMENTS
WITHIN TWENTY (20) DAYS AFTER THE DATE OF PRESENTATION, WHETHER OR NOT
SPONSOR OFFERS TO GUARANTEE THE PREVIOUS BUDGET PROJECTION. SPONSOR
WILL RETURN ANY DEPOSIT OR DOWNPAYMENT TO PURCHASERS WITHIN TEN (10)
DAYS AFTER RECEIPT OF WRITTEN NOTICE OF RESCISSION. IN ADDITION, ALL
PURCHASERS WILL HAVE A RIGHT TO RESCIND THEIR PURCHASE AGREEMENTS IF
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10. Yearly Reserve Fund. The Condominium will have a reserve fund for capital
expenditures only. It will be equal to 10% of the projected annual budget of the Condominium .
The yearly reserve fund will be sufficient to pay for major capital repairs or replacement items
likely to be needed within the first five years of operation following the first closing under the
Plan. Please see “Reserve Fund” Section of the Plan.
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i. the Condominium will not have a right of first refusal;
ii. the Condominium will not have a commercial space;
iii. the Condominium will have a reserve fund equal to 10% of budgeted
income;
iv. the Condominium will have a master insurance policy covering 100% of
replacement cost of the Building, not including the foundation or land;
v. the Condominium will have a general liability policy insuring all common
elements and public ways.
The project currently does not have FHA loan certification. Sponsor will disclose by an
amendment if the project receives FHA loan certification.
52
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viii. Reimbursement fee. Purchaser will pay the fee of $1,500.00 to Sponsor as
partial reimbursement for the cost of preparing the Plan.
ix. Working capital fund con tribution. Purchaser will be required to deposit the
sum equal to two (2) months’ Common Charges then applicable to each Unit being purchased
with the Board of Managers for the initial contribution to the working capital fund.
The above closing costs ar e cumulative to the extent applicable to an individual Unit.
2. Mortgage Tax Credit
Section 339- ee(2) of the Real Property Law of the State of New York provides as
follows:
“In the event the proceeds of a construction mortgage were applied to
construction of a unit of condominium submitted to the provisions of this
article, or in the event that a Unit submitted to the provisions of this act
was subject to a blanket mortgage, and a mortgage tax was duly paid on
such construction or blanket mortgage in accordance with article eleven of
the tax
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k State transfer tax $4,372.00
"Mansion" transfer tax $10,926.00
Document preparation fee $2,500.00
Reimbursement fee $1,500.00
Working capital fund contribution $680.00
Total: $59,208.00
4. Closing Adjustments
At the closing of title to each Unit, the following adjustments shall be made as of the
midnight of the day preceding the closing date with respect to the Unit:
(a) real estate taxes and assessments, if any, on the basis of the period for
which assessed;
(b) Common Charges and assessments for the month in which title closes; and
(c) if Purchaser is allowed to occupy the Unit prior to the closing, accrued
occupancy fees and any other charges pursuant to a pre-closing possession
agreement, if any, covering the Unit.
In the event that the Units have not been separately assessed for real estate tax purposes
prior to the closing of title to the first Unit, Sponsor will place in escrow in the name of the
Board of Managers an am
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isbursements of the Insurance Trustee, if any.
The Common Expenses will also include such amounts as the Board of Managers may
deem proper for a reserve fund for capital expenditures.
The Common Expenses may also include such amounts as may be required for the
purchase by the Board of Managers or its designee, corporate or otherwise on behalf of all Unit
Owners, of any Unit, which is to be sold at a foreclosure or other judicial sale, together with such
amounts as may be necessary to maintain such Units.
The Board of Managers will also, where necessary, impose an assessment or additional
Common Charge in order to meet any unanticipated Common Expense.
The Board of Managers will advise all Unit Owners, promptly, in writing, of the amount
of Common Charges payable by each of them, respectively, as determined by the Board of
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WORKING CAPITAL FUND
The Condominium will have a fund for working capital, (hereinafter called the “Working
Capital Fund”).
It is currently equal to $4,112.50 for the first year of the condominium operation.
The Working Capital Fund will be used only for payment by the Board of Managers of
expenses authorized by the Declaration and the By -Laws of the Condominium, and for payment
by the Board of Managers of any net adjustments for prepaid expenses owed to Sponsor at the
closing of title to the first Unit.
At the time of the closing of title to the Units from Sponsor or Sponsor -designee to a
bona fide Purchaser, Purchaser will pay into the Working Capital Fund the sum equal to two (2)
months’ Common Charges then applicable to each Unit being purchased.
While Sponsor is in control of the Board of Managers, the Working Capital Fund will not
be used to reduce the Common Charges.
The Working Capital Fund will be available for the Condominium after the closing of
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RESERVE FUND
The Condominium will have a fund as a reserve for capital expenditures, (hereinafter
called the “Reserve Fund”).
The Reserve Fund will be used only for capital expenditures. The Condominium’s By -
Laws contain a provision authorizing the establishment of the Reserve Fund. Please see Article
II, Section 2 of the By-Laws.
When established, the Reserve Fund will not have any funds. During the first year a nd
subsequent years of Condominium operations, the Unit Owners, with their common charges, will
make contributions to the Reserve Fund, the amount of which will be equal to 10% of the
projected annual budget of the Condominium . The Reserve Fund will be sufficient to pay for
capital expenditures likely to be needed within the first five years of operation following the first
closing under the Plan.
While Sponsor is in control of the Board of Managers, the Reserve Fund will not be used
to reduce the Common Charges.
Should monies be required by
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ee hundred thirty -nine-aa of
this article.”
NEITHER TH E DEPARTMENT OF LAW NOR ANY OTHER GOVERNMENT
AGENCY HAS PASSED UPON THE ADEQUACY OF THE RESERVE FUND.
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he safety of the Building or the safety of its
occupants. Sponsor may not exercise veto power over expenses in
Schedule B.
(r) establishing the reserve fund, which will be used only for capital
expenditures. The amount of the reserve fund will be equal to 10% of the
projected annual budget of the Condominium, including the reserve
amount.
Section 3. Managing Agent and Manager. The Board of Managers may employ for
the Condominium a managing agent and/or a manager, at a compensation established by the
Board of Managers, to perform such duties and services as the Board of Managers shall
authorize. The Board of Managers may delegate to the managing agent or manager, all of the
powers granted to the Board of Managers by these By -Laws other than the powers set forth in
subdivisions (b), (e), (f), (g), (h), (i), (j), (k), (n), (o) and (p) of Section 2 of this Article II.
Section 4. First Board of Managers. The first Board of Managers shall consist of
persons desi
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h amounts as the Board of Managers may
deem proper for the operation and maintenance of the Property, including, w ithout limitation, an
amount for working capital of the Condominium for a general operating reserve, and for a
12
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reserve fund for capital expenditures only, 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 by the Board of Managers or its designee, corporate or otherwise on behalf of all Unit
Owners, of any Unit, which is to be sold at a foreclosure or other judicial sale, together with such
amounts as may be necessary to maintain such Units.
The Board of Managers shall also, where necessary, impose an assessment or additional
Common Charge in order to meet any unanticipated Common Expense. The Board of Managers
shall advise all Unit Owners, promptly, in writing, of the amount of Common Charges 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 charges are based, to all Unit Owners and to their
mortgagees, if so required.
Sponsor or Sponsor -designee shall be responsible for the Co
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anagers. Acquisition of
Units by the Board of Managers or its designee, corporate or otherwise, on behalf of all Unit
Owners, may be made from the working capital and Common Charges in the possession of the
Board of Managers, o r, if such funds are insufficient, the Board of Managers may levy an
assessment against each Unit Owner, other than the offering Unit Owner, in proportion to his or
her ownership in the Common Elements, as a Common Charge, which assessment shall be
enforceable in the same manner as provided in Section 6 and 7 of Article VI, or, the Board of
Managers, in its discretion, may borrow money to finance the acquisition of such Unit, provided,
however, that no financing may be secured by an encumbrance or hypothecation of any property
other than the Unit, together with the Appurtenant Interests, so to be acquired or leased by the
Board of Managers.
Section 4. Gifts and Devises, etc. Each Unit Owner has the right to convey or transfer
his or her Unit b