Reserves & financial health · 20 source passages
PDF page 3 · effective period must be checked in the document
.......... 103
W. COUNSEL'S INCOME TAX OPINION ........................................................................................... 109
X. RESERVE FUND ............................................................................................................................... 115
Y. WORKING CAPITAL FUND ............................................................................................................ 116
Z. CONTRACTS ...................................................................................................................................... 117
AA. IDENTITY OF PARTIES ................................................................................................................. 118
AB. REPORTS TO UNIT OWNERS ...................................................................................................... 120
AC. RESERVATION OF AIR AND DEVELOPMENT RIGHTS .......................................................... 121
AD. DOCUMENTS ON FILE .
PDF page 7 · effective period must be checked in the document
Capital Payment. Purchaser will be required to deposit with the Board an
amount equal to two (2) months’ Common Charges for his Unit to be used as working capital. See
also “Working Capital Fund”.
(iv) Insurance Adjustment. At Closing, Sponsor will collect each Purchaser’s pro-rated
share in the first year’s insurance p remium 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. Purchas ers
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 also “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
PDF page 9 · effective period must be checked in the document
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. The
reserve fund contributions shall be collected monthly as part of Common Charges, thus, the reserve
fund will not be fully funded until after the first year of operations . 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. If the amount in the reserve fund is inadequate to cover major capital
improvements needed, there may be an increase in Common Charges or special assessment impos
PDF page 11 · effective period must be checked in the document
in stead. During any such delay, Sponsor will timely pay all expenses
of the Co ndominium, including but not limited to, ins urance 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. In the
event Sponsor elects to delay the collect ion 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 (30) days prior to the commencement of collection
of Common Charges and will disclose such fact in the f
PDF page 20 · 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.
12. Common Interest: The proportionate, undivided interest in fee simple absolute in the
Common Elements app ertaining to each Unit, as expressed in the Declaration of
Condominium.
13. Completion Date: The date on which the Building receives the final or 1st temporary
certificate of occupancy.
14. Condominium: The 26 Goodwin Place
PDF page 29 · effective period must be checked in the document
losing, each purchaser shall deposit an initial capital payment in an amount equal to two months' estimated common charges for the Unit.
See section "Working Capital Fund."
Note D: At closing, each purchaser shall pay an additional $1,000.00 to defray Sponsor's costs in forming the condominium. See section "Unit Closing Costs
and Adjustments".
* It is likely that the real estate taxes in the first year of operation beginning January 1, 2021 will be lower than projected since the assessed valuation will
be based on an uncompleted structure for a portion of that tax year.
26 Goodwin Place, Brooklyn, New York
F. SCHEDULE A
OFFERING PRICES AND RELATED INFORMATION
The 26 Goodwin Place Condominium
Year Projected: January 1, 2021 - December 31, 2021
4R: 55.87 SF storage
PDF page 33 · effective period must be checked in the document
isted. In addition, prospective Purchasers
will be required to pay at closing, among other things: (i) two (2) months’ Common Charges
to be used as working capital; (ii) New York City and State transfer taxes; (iii) $1,000.00 to
defray Sponsor’s costs of creating the Condominium. See section entitled "Closing Costs and
Adjustments" below.
PDF page 34 · effective period must be checked in the document
& supplies (7) 8,850
Insurance (8): 2,126
Legal fees (9): 1,000
Audit fees (9): 1,500
Reserve Fund for Major Repairs (10): 2,700
$ 26,514
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 presentation of the amendment, the Down Payment and unexpended
sums for special work ordered will be refunded within ten (10) days of Sponsor’s receipt of the
notice of rescission. Sponsor may not declare the plan effective w
PDF page 35 · effective period must be checked in the document
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 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 C ondominium as required by governing
regulations. 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 a lso disclose the anticipated period of delay. Sponsor will notify all Unit
Owners in writing of the expiration of the delay period at least thirty (30) days prior to the
commencement of collec tion of Common Charges and will disclose such fact in the
PDF page 39 · effective period must be checked in the document
ling on Board rights or overseeing unit owners’ meetings. 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 an y 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 cha rge to each Unit Owner in accordance with its percenta
PDF page 76 · effective period must be checked in the document
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 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. 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 (30) days prior to the commencement of collection of Common Charges and
will disclose such fact in th
PDF page 84 · effective period must be checked in the document
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 contin gencies which exceed 5% of the projected
common expenses for the budget year;
PDF page 93 · effective period must be checked in the document
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. 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 o wners in writing of the expiration of the
delay period at le ast thirty (30) days prior to the commencement of collection
of common charges and will disc
PDF page 97 · effective period must be checked in the document
dominium 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 accor dance 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
or the Board, as the case may be, shall promptly make or perform, or cause to be made
or performed, all maintenance work that is necessary in c
PDF page 117 · effective period must be checked in the document
X. RESERVE FUND Page 115
X. RESERVE FUND
The budget and section 2.4 (A)(xxiii) provides for a reserve fund to provide for major capital expenses,
which is the maintenance, improvement or replacement of any aspect of the Condominium Property
that will either enhance the overall value of the Condominium P roperty, 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 fun ded by monthly Common Charge payments made by Unit Owner s
including Sponsor so long as Spons or still owns Units. Of each Common Charge payment, 10% of
said payment shall be deposited into the Reserve Fund bank account. As such, the Reserve Fund will
not be full
PDF page 118 · effective period must be checked in the document
Y. WORKING CAPITAL FUND Page 116
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. The
Sponsor will deliver the funds so collected to the Board to provide the necessary working capital for
the Condominium. 10% of this contribution shall be allocated into the 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
Sponsor.
NO REPRESENTATION IS MADE THAT THE INITIAL WORKING CAPITAL FUND WILL BE
ADEQUATE TO COVER CURRENT OR FUTURE EXPENSES, INCLUDING
PDF page 207 · 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.
12. 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.
13. Completion Date : The date on which the Building receives the final or temporary
certificate of occupancy.
14. Condominium: The 26 Goodwin Place Condomi
PDF page 209 · effective period must be checked in the document
Payment : The amount of money collected at closing from each initial
Purchaser equal to two (2) month’s Common Charges for its Unit, to be used as
working capital.
31. Initial Control Period: Period during which Sponsor exercises voting and veto control
over the Board. In this plan, the period is for five (5) years after the First Closing or
until Sponsor owns less than 25% of the Units, whichever is sooner.
32. Institutional Lender: (i) a savings bank, savings and loan associations, bank or trust
company, insurance company, real estate investment trust, or mortgage trust or (ii) a
federal, state, municipal, teacher's or union employee, welfare, pension or retirem ent
fund or system.
33. Insurance Trustee: An individual who is a resident of the State of New York, or a bank
or trust company having an office in The City of New York, from time to time
appointed to serve as such by the Condominium Board.
34. Interim Lease: Lease entered into between Sponsor an
PDF page 244 · effective period must be checked in the document
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. In the event
Sponsor elects to delay the collection of common charges, Sponsor shall disclose such
fact in the closing notice to Purc hasers 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 (30) days prior to the commencement of collection of common charges and
will disclose
PDF page 245 · effective period must be checked in the document
eto
these actions.
1. 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.
2. 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;
Assessments & charge increases · 17 source passages
PDF page 9 · effective period must be checked in the document
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. The
reserve fund contributions shall be collected monthly as part of Common Charges, thus, the reserve
fund will not be fully funded until after the first year of operations . 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. If the amount in the reserve fund is inadequate to cover major capital
improvements needed, there may be an increase in Common Charges or special assessment imposed.
See “Reserve Fund.”
(U) As provided in the Bylaws, Sponsor will retain control of the Board until five (5) years from
the date of the First Closing or until Sponsor less than 25% of the tota
PDF page 24 · effective period must be checked in the document
. 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 26 Goodwin Place LLC.
55. Time of the Essence: Purchaser must cure a default or satisfy a condition
PDF page 82 · effective period must be checked in the document
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.
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.
E. If Purchaser is or becomes the tenant or the occupant of the Unit before the Closing of
title thereto pursuant to an Interim Lease and, before such Closing, the Unit is damaged by casualty or
otherwise, such Purchaser shall assume the risk of loss and the obligation to repair the damag
PDF page 84 · effective period must be checked in the document
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 contin gencies which exceed 5% of the projected
common expenses for the budget year;
PDF page 89 · effective period must be checked in the document
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 Own ers, 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 adminis tration
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 requ ired in connection
with the operation, maintena nce, 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)
PDF page 92 · effective period must be checked in the document
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;
PDF page 95 · effective period must be checked in the document
ssess
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 Boar d shall determine,
provided, however that the Board shall give each Unit Owner not less tha n 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 Board
shall have all right s and remedies for the collection of special assessments as are provided herein for
the collection of Common Charges . Special assessments shall be levied against all Unit Owners in
proportion to their respective Common Interests as follows:
(i) assessmen t or increase in Common Charges to repair or maintain the
Common Elements shall be shall
PDF page 117 · effective period must be checked in the document
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 OR THE PHYSICAL CONDITION
OF THE BUILDING.
PDF page 211 · effective period must be checked in the document
. Selling Agent: Sponsor or a NY licensed real estate broker app ointed 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 26 Goodwin Place LLC.
55. Time of the Essence: Purchaser must cure a default or satisfy a conditi
PDF page 220 · effective period must be checked in the document
ry to discharge the same;
(v) to determ ine the amount and establish the means and methods of payment of, and to
collect, the Common Charges and Special Assessments from 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 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 wit
PDF page 238 · effective period must be checked in the document
ogress payments. If the Trust Funds
shall be less than sufficient to discharge the cost and expense of performi ng 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
PDF page 244 · effective period must be checked in the document
he
Managing Agent and (ii) a separate listing for each Unit, setting forth, among other things, the
amount of each assessment of Common Charges and Special Assessments levied against such
Unit, the date when due, the amounts paid thereon and the balance, if any, remaining unpaid.
(B) Within (4) four months after the end of each fiscal year of the Condominium, the Board
shall submit to each Unit Owner, and, if so requested, to any Permitted Mortgagee, an annual
report of the receipts and expenditures of t he Condominium prepared by an independent
accountant. The cost of preparing and distributing each such report shall be borne by the Unit
Owners as a Common Expense.
ARTICLE 6 - COMMON CHARGES
Section 6.1. Determination of Common Expenses and Fixing of Common Charges.
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 expe
PDF page 245 · effective period must be checked in the document
nsor’s prior
written approval with regard to the below items. During this time, Spons or may veto
these actions.
1. 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.
2. 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
PDF page 246 · effective period must be checked in the document
of and assess Common Charges,
the Board shall have the right, subject, in all respects, to the strictures co ntained 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 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 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). Special Assessments shall be levied against all
Unit Owners in proportion to their respective Common Interests as follows:
(i) as
PDF page 247 · effective period must be checked in the document
h 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. Suc h 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 with its Appurtenant Interests. A purchaser or other successor -in-
title to the owner of a Unit shall be liable for the payment of all Common Charges and any Special
Assessments accrued and unpaid against such Unit prior to his acquisition thereof, except that, to
the extent permitted by Law, a Permitted First Mortgagee acquiring title to a mortgaged Unit or a
purchaser at a mortgage foreclosure sale held with respect to a Permitted
PDF page 251 · effective period must be checked in the document
Permitted 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 procee
PDF page 252 · effective period must be checked in the document
to a mortgagee 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) days of
written notice of said default.
iii) At least ten days' prior written notice to all of the insureds, including all Permitted
Mortgagees shall be sent 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 are to be either
cancelled, or be allowed to lapse, or substantially modified.
iv) If the Declaration and the By-Laws are to be amended and such amendment would
materially interfere with any right or interest of any mortgagee.