Building debt & maturity · 2 source passages
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reserve and/or working
capital fund contributions, assessments, payments for any repairs or improv ements
promised in the plan, and payments of any underlying mortgages and loans for which
units have been pledged, as applicable.
Wai Yam Wong has previously been a principal of the Sponsor of the Offering Plan for
the following Condominiums in the state of New York:
a. The 78 Bay 22nd Street Condominium – CD15-0279
78 Bay 22nd Street, Brooklyn, NY 11214
Filed December 23, 2016
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reserve and/or working capital fund
contributions, assessments, payments for any repairs or improvements promised in the
plan, and payments of any underlying mortgages and loans for which units have been
pledged, as applicable.
There are no felony convictions, convictions, bankruptcies or injunctions against the
Sponsor, or Principals of the Sponsor, or any of the individuals named above in this
section or who own or control 10% or more equity interest in the Sponsor.
COUNSEL: Sponsor has engaged the Law Office of Claudia V. Murdoch, P.C.,
117 Seventh Avenue, Brooklyn, New York 11215, to represent it in the preparation and
filing of this Offering Plan. Wing Y. Yu, Esq. of Yu Law, P.C., with an address at 199-20
32nd Avenue, Ground Fl., Flushing, NY 11358, will act as the Sponsor’s closing attorney,
and will be the escrow agent for Purchaser down payments. Ms. Yu is the niece of Sammy
Yu, one of the Principals of the Sponsor. Ms. Yu will render her legal services with
Reserves & financial health · 11 source passages
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95
REAL ESTATE TAX OPINION LETTER 98
TAXES - DEDUCTIONS TO UNIT OWNERS / STATUS 103
OF CONDOMINIUM
COUNSEL'S TAX OPINION LETTER 104
RESERVE FUND 109
WORKING CAPITAL FUND 110
IDENTITY OF PARTIES 111
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ed as a reserve for capital
expenditures. However, the budget for the first year of Condominium operation in
SCHEDULE B includes a budgeted Capital Reserve Fund for repair and replacement of
major systems or structural elements of the building. This budgeted item will start the
gradual creation of a Capital Reserve Fund which may not, at its inception, be sufficient
to provide for needed capital expenditures. Unit owners will therefore be contributing to
grow the Capital Reserve Fund through their common charges, beginning with common
charge adjustments paid at the closings of their individual condominium units. (Unit
owners will also, at closing, pay their contributions to the building’s Working Capital
Fund.) In the event a need arises for capital expenditures such as renewal or replacement
of building components or systems, or to remedy major building defects, and the reserve
fund is inadequate to pay for those expenditures, it will be necessary to raise needed
capital e
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s above, there are additional closing costs assessed against each unit, such document preparation
fees, payment of transfer taxes, reimbursement fee, working capital fund contribution equal to two months' common charges,
etc. Additionally, Purchasers will pay their own title insurance costs, recording charges, and mortgage recording taxes.
Please see the CLOSING COSTS AND ADJUSTMENTS section of this Offering Plan for a more complete explanation.
5) The projected real estate taxes for the first year of operation are based on a projection of post-completion assessed value.
See Footnote 6 in FOOTNOTES TO SCHEDULE A, REAL ESTATE TAXES, and the REAL ESTATE TAX OPINION LETTER
sections of this Offering Plan.
6) All parking spaces, including Sponsor in its role as a holder of unsold license agreements, shall be responsible for: (i) all costs
and expenses associated with the operation of the area for the parking spaces, and (ii) the payment of any maintenance fees,
licensing fees, common charge
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1,500
Labor (8) $ 2,300
Management (9) $ -0-
Miscellaneous Reserve (10) $ 1,000
Capital Reserve Fund (11) $ 2,800
Total $ 27,995
Note: All figures are rounded to the nearest dollar.
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. The projected item represents a reserve for repair or replacement of major
mechanical systems or structural elements of the building. The capital reserve fund
may not be used for regular operating expenses or to reduce the monthly common
charges.
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or such notice. The above closing fees are
cumulative to the extent applicable to an individual closing.
No fund will be created on closing as a reserve fund for capital expenditures.
If the Units have not been separately assessed for real estate tax purposes prior to the
Closing of Title to the first Unit, the Sponsor will place in escrow, in the name of the Board
of Managers, an amount equal to the unpaid real estate taxes (or estimates thereof based
on current assessments) due for the next ensuing six months (or until the Units are
separately assessed, whichever is shorter), provided, however, that as closings occur, the
portion of such funds held in escrow which represent the portion allocable to the Unit
being sold shall be released; and interest accrued on such escrow, if any, shall inure to
the benefit of, and belong to, the Sponsor. The Board of Managers will pay the real estate
taxes from the escrow account when taxes are due and payable; the Sponsor shall be
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tgage Recording Fee $ 350
Mortgage Recording Tax $ 13,060
New York City Transfer Tax $ 12,334
New York State Documentary Stamp Tax $ 3,462
Working Capital Fund Contribution $ 683
Offering Plan Reimbursement Fee $ 2,500
Document Preparation Fee $ 1,500
ACRIS Preparation Fee $ 250
Appraisal / Lender Questionnaire Fee $ 250
TOTAL: $ 37,019
In addition to the foregoing, the Purchaser will, of course, be responsible for any fees
charged by his/her own bank and his/her own Attorney, and additional fees incurred
because of Default or failure to close at the scheduled time or place. Purchaser will also
be responsible for the mortgage recording charge which is calculated on the basis of
$42.00 for the first two pages, plus $5.00 per page for every page thereafter, and a $50.00
service charge.
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109
RESERVE FUND
Sponsor is not creating a fund on closing to be used as a reserve for capital expenditures.
However, the budget for the first year of Condominium operation in SCHEDULE B
includes a budgeted Capital Reserve Fund for repair and replacement of major systems or
structural elements of the building. This budgeted item will start the gradual creation of a
reserve fund which may not, at its inception, be sufficient to provide for needed capital
expenditures. Unit Owners will therefore be contributing to the Capital Reserve Fund
through their common charges, beginning with common charge adjustments paid at the
closings of their individual Condominium Units. (Unit Owners will also, at closing, pay
their contributions to the building’s Working Capital Fund.)
In the event a need arises for capital expenditures such as renewal or replacement of
building components or systems, or to remedy major building defects, and the reserve fund
is inadequate to pay for th
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110
WORKING CAPITAL FUND
At closing of title to each unit, the Unit Owner for such unit will contribute to the
working capital fund of the Condominium an amount equal to two months’ Common
Charges (see CLOSING COSTS AND ADJUSTMENTS). This Working Capital Fund will
be used to make repairs and improvements, and for other appropriate purposes as
determined by the Board of Managers, particularly to meet emergencies not budgeted
for in SCHEDULE B. While the Sponsor controls the Board of Managers (see CONTROL
BY THE SPONSOR), the Working Capital Fund will not be used to reduce estimated
Common Charges.
The Working Capital Fund will not be reduced by any closing adjust ments to the
Sponsor. All closing adjustments to the Sponsor will be paid in equal monthly
installments over the twelve (12) month period following closing. All adjustments
represent reimbursement for prepayment of expenses already included in the budget
set forth herein, and therefore do not represent
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ponsor, and is current in his financial obligations to the property, including, but not
limited to, payment or common charges, taxes, reserve and/or working capital fund
contributions, assessments, payments for any repairs or improvements promised in the
plan, and payments of any underlying mortgages and loans for which units have been
pledged, as applicable.
There are no felony convictions, convictions, bankruptcies or injunctions against the
Sponsor, or Principals of the Sponsor, or any of the individuals named above in this
section or who own or control 10% or more equity interest in the Sponsor.
COUNSEL: Sponsor has engaged the Law Office of Claudia V. Murdoch, P.C.,
117 Seventh Avenue, Brooklyn, New York 11215, to represent it in the preparation and
filing of this Offering Plan. Wing Y. Yu, Esq. of Yu Law, P.C., with an address at 199-20
32nd Avenue, Ground Fl., Flushing, NY 11358, will act as the Sponsor’s closing attorney,
and will be the escrow agent for Purcha
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ount 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 wh ose 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 a
Assessments & charge increases · 6 source passages
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he section of the Offering Plan entitled CONTROL BY THE SPONSOR for a
more complete explanation.
7) The Sponsor is liable for all common charges, special assessments, and real estate
taxes with respect to unsold units, and represents that Sponsor has financial resources to
meet these obligations. However, no bond, escrow deposit, or other security has been
furnished to secure the Sponsor's obligations. Please see the section of the Offering Plan
entitled RIGHTS AND OBLIGATIONS OF THE SPONSOR for a more detailed
explanation.
8) Pursuant to existing law and regulation, the Sponsor may declare the plan effective
by selling a minimum of fifteen (15%) percent of the units in the building, which in this
Plan constitutes two (2) residential units. If the Plan is declared effective with a minimum
number of sales, it is possible that Sponsor may be able to create a condominium even
though there is no guarantee that all of the purchasers counted towards effectiveness will
ultim
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ociated with the operation of the area
for the parking spaces, and (ii) the payment of any maintenance fees, licensing fees,
common charges, and/or special assessments imposed by the Condominium Board of
Managers related to the parking spaces.
The Sponsor will abide by all applicable laws, rules, and regulations regarding the use of
the parking spaces. The New York State Multiple Dwelling Law, Section 60, “Motor
vehicle storage,” applies to the parking units in this offering. Such space or structure shall
be used solely for the storage of passenger motor vehicles of the occupants of the multiple
dwelling or of multiple dwellings under common ownership, except that, in the event
such space or structure or part thereof is not used by such occupants, it may be rented by
the owner or owners of such dwelling or dwellings to persons other than the occupants
thereof for periods of not less than one (1) week and not more than one (1) month. The
space which has thus been rented sh
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ected by unit owners to operate the Condominium. The Board of
Managers will set common charges based on cash needs of building operation, decide
on special assessments, and, in general, make all decisions necessary to run the
building.
(5) Each unit owner must pay common charges in accordance with the New York
Condominium Act (Real Property Law Sections 339 (i) and (m)), and any applicable
state or local law. The common charges payable under the By-Laws will be based
strictly on the projected cash requirements of ownership and operation of the
Property and may include an allowance for contingencies, replacements, and/or
repairs. Furthermore, the Board of Managers may impose special assessments in
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ssociated with the operation of the area for the parking spaces, and (ii) the payment of any maintenance fees,
licensing fees, common charges, and/or special assessments imposed by the Condominium Board of Managers related to the
parking spaces. Please see SCHEDULE A-2.
32
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77
Pursuant to 13 NYCRR § 20.3(t)(5), t he Sponsor agrees to pay all common charges,
special assessments, and real estate taxes with regards to unsold units, and has financial
resources to meet its obligations with respect to such unsold units, which source of
funding includes both proceeds of the sale of units and existing financial resources of
the Sponsor to be utilized if such projected sales are not made . No bond or other
security has been furnished to secure Sponsor's obligations. In the event of dissolution
or liquidation of the Sponsor, or transfer of 10 or more units or 20% or more of the total
number of residential units in the Condominium, the principals of the Sponsor will
provide financially responsible entities or individuals who will assume the status and
all of the obligations of the Sponsor for those units under the Offering Plan, applicable
laws, or regulations.
The Sponsor will defend any suits or proceedings against the Condominium arising out
of
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the Commercial Units exceeds the cost of insuring the building
without Commercial Units, then the Commercial Unit Owners shall be
responsible for a special assessment in the amount of such overage. Commercial
Unit Owners shall be under a duty to maintain heat in their unit on a 24 -hour
basis, notwithstanding the operating hours of the business, so as to prevent any
piping or building facilities which run through said Commercial Units from
freezing or being otherwise damaged by any weather condition.
Section 11. Additions, Alterations or Improvements by Unit Owners: No Unit Owner
shall make any structural addition, alteration or improvement in or to his Unit, or which
affects the exterior of the Building's Units, without prior written consent thereto of the
Board of Managers. The Board of Managers shall have the obligation to answer in writing
any written request by a Unit Owner for approval of a proposed structural addition,
alteration or improvement in such Unit Owner