dliu1/legal-llama-raw-text huggingface dataset:
and  fairly  depict  the  layout,  location,   unit   designations   and
approximate  dimensions  of any particular unit or units as built, there
shall be recorded prior to each first conveyance of such particular unit
or units an amendment to the declaration to which shall  be  attached  a
verified  statement  of  a registered architect or licensed professional
engineer certifying that the plans theretofore  filed,  or  being  filed
simultaneously  with such amendment, fully and fairly depict the layout,
location, unit designations and approximate dimensions of the particular
unit or units as built. Such plans shall  be  designated  condominium,
assigned  a file number and kept on file by the recording officer.  Such
plans shall be indexed under the names of  the  declarants  and  in  the
block  index  if  any.  The  record  of  the declaration shall contain a
reference to the file number of the floor plans of the building affected
§  339-q.  Filing  with  board.  True  copies  of the floor plans, the
declaration, the by-laws and any rules and regulations shall be kept  on
file  in  the office of the board of managers and shall be available for
inspection  at  convenient  hours  of  weekdays  by  persons  having  an
§ 339-r. Blanket mortgages and other blanket liens affecting a unit at
time  of  first  conveyance. At the time of the first conveyance of each
unit, every mortgage and other lien affecting such unit  and  any  other
unit  shall  be paid and satisfied of record, or the unit being conveyed
and its common interest shall be released therefrom by  partial  release
duly recorded.
§  339-s.  Recording. 1.  The declaration, any amendment or amendments
thereof, and  every  instrument  affecting  the  property  or  any  unit
included  within  the meaning of conveyance as used in article nine of
this chapter, shall be entitled to be indexed and recorded  pursuant  to
and with the same effect as provided in said article nine. The recording
officer  shall  not accept such an instrument constituting a condominium
map unless it has endorsed thereon or attached thereto a certificate  of
the  county  director  of  real  property  tax  services  that  the  fee
authorized by section five hundred three of the real property  tax  law,
if any, has been paid. Neither the declaration nor any amendment thereof
shall be valid unless duly recorded.
2.  Each  such  declaration,  and  any amendment or amendments thereof
shall be filed with the department of state.
§  339-t. Withdrawal from provisions of this article. If withdrawal of
the property from this article is authorized by at least eighty per cent
in number and in common interest of the  units,  or  by  at  least  such
larger  percentage  either  in  number or in common interest, or in both
number and common interest, as may be specified in the by-laws, then the
property shall be subject to an action for partition by any  unit  owner
or lienor as if owned in common, in which event the net proceeds of sale
shall  be  divided  among  all  the  unit  owners in proportion to their
respective common interests, provided, however, that no payment shall be
made to a unit owner until there has first been  paid  off  out  of  his
share  of  such  net proceeds all liens on his unit.  Such withdrawal of
the property from this article shall not bar its  subsequent  submission
to  the  provisions of this article in accordance with the terms of this
§  339-u.  By-laws. The operation of the property shall be governed by
by-laws, a true copy of which shall be annexed to  the  declaration.  No
modification  of  or  amendment to the by-laws shall be valid unless set
forth in an amendment to the declaration  and  such  amendment  is  duly
§  339-v.  Contents  of  by-laws.  1. The by-laws shall provide for at
least the following:
(a) The nomination and election of a board of managers, the number  of
persons  constituting the same, and that the terms of at least one-third
of the members of such board  shall  expire  annually;  the  powers  and
duties  of  the  board;  the compensation, if any, of the members of the
board; the method of removal from office of members of  the  board;  and
whether  or  not  the  board  may  engage  the  services of a manager or
managing agent or both, and specifying which of the  powers  and  duties
granted  to  the  board by this article or otherwise may be delegated by
the board to either or both of them. Nothing contained herein shall  bar
the  incorporation of the board of managers under applicable statutes of
this state;  such  incorporation  must  be  consistent  with  the  other
provisions of this article and the nature of the condominium purpose.
(b) Methods of calling meetings of the unit owners; what percentage of
the  unit  owners,  if other than a majority, shall constitute a quorum;
and what percentage  shall,  consistent  with  the  provisions  of  this
section,  be  necessary  to  adopt decisions binding on all unit owners.
Meetings of unit owners may be held at such physical  place  as  may  be
fixed  by or under the by-laws, or if not so fixed, as determined by the
board of managers. Provided, however, that the board of managers may, in
its sole discretion, determine  that  the  meeting  be  held  solely  or
partially  by means of electronic communication, the platformservice of
which shall be the place of the meeting for purposes  of  this  article.
Nothing  contained  in this paragraph shall prohibit a board of managers
from holding a meeting at a physical place and allowing unit owners  the
option  of  attending  such  meeting either at such physical place or by
means of electronic communication.
(c) Election of a president from among the board of managers who shall
preside over the meetings of such board and of the unit owners.
(d) Election of a secretary who shall keep a record wherein actions of
such board and of meetings of the unit owners shall be recorded.
(e) Election of a treasurer who shall keep the financial  records  and
books of account.
(f)  Operation  of  the  property,  payment of the common expenses and
determination and collection of the common charges.
(g) The manner of designation and removal of persons employed for  the
operation of the property.
(h)  Method  of  adopting  and  of  amending  administrative rules and
regulations governing the details of the operation and use of the common
elements.
(i) Such restrictions on  and  requirements  respecting  the  use  and
maintenance  of  the  units  and the use of the common elements, not set
forth in the  declaration,  as  are  designed  to  prevent  unreasonable
interference  with  the  use of their respective units and of the common
elements by the several unit owners.
(j) The percentage of the unit owners, but not less than sixty-six and
two-thirds per cent in number and common interest  except  in  the  case
where  all  units  are  non-residential, which may at any time modify or
amend the by-laws.
2. The by-laws may also provide for the following:
(a) Provisions governing the alienation,  conveyance,  sale,  leasing,
purchase,  ownership and occupancy of units, provided, however, that the
by-laws  shall  contain  no  provision   restricting   the   alienation,
conveyance,  sale,  leasing,  purchase, ownership and occupancy of units
because of race, creed, color or national origin.
(b) Provisions governing the payment, collection and  disbursement  of
funds,  including  reserves, to provide for major and minor maintenance,
repairs, additions, improvements,  replacements,  working  capital,  bad
debts and unpaid common expenses, depreciation, obsolescence and similar
(c)  The  form by which the board of managers, acting on behalf of the
unit owners, where authorized by this statute or  the  declaration,  may
acquire and hold any unit and lease, mortgage and convey the same.
(d) Any other provisions, not inconsistent with the provisions of this
article, relating to the operation of the property.
§   339-w.  Books  of  receipts  and  expenditures;  availability  for
examination. The manager or board of managers, as the case may be, shall
keep detailed, accurate records, in chronological order, of the receipts
and expenditures arising  from  the  operation  of  the  property.  Such
records and the vouchers authorizing the payments shall be available for
examination  by  the  unit  owners  at  convenient  hours of weekdays. A
written report summarizing  such  receipts  and  expenditures  shall  be
rendered  by  the  board  of  managers  to all unit owners at least once
Annually.
§  339-x.  Waiver  of  use  of  common  elements; abandonment of unit;
conveyance to board of managers. No unit owner may exempt  himself  from
liability  for  his  common charges by waiver of the use or enjoyment of
any of the common elements or by abandonment of  his  unit.  Subject  to
such  terms  and conditions as may be specified in the by-laws, any unit
owner may, by conveying his unit and his common interest to the board of
managers on behalf of all other unit owners, exempt himself from  common
charges thereafter accruing.
§  339-y.  Separate  taxation.  1.  (a)  With  respect to all property
submitted to the provisions of this article other than property which is
the subject of a qualified leasehold  condominium,  each  unit  and  its
common interest, not including any personal property, shall be deemed to
be  a parcel and shall be subject to separate assessment and taxation by
each assessing unit, school district, special district, county or  other
taxing  unit, for all types of taxes authorized by law including but not
limited to special ad valorem levies  and  special  assessments,  except
that  the  foregoing  shall  not  apply  to  a  unit held under lease or
sublease unless the declaration requires the unit owner to pay all taxes
attributable to his unit. Neither the building, the property nor any  of
the common elements shall be deemed to be a parcel.
(b)  In  no  event  shall the aggregate of the assessment of the units
plus their common interests exceed the total valuation of  the  property
were the property assessed as a parcel.
(c) For the purposes of this and the next succeeding section the terms
assessing  unit,  assessment,  parcel,  special ad valorem levy,
special assessment, special district, taxation and  taxes  shall
have  the  meanings  specified  in  section  one hundred two of the real
property tax law.
(d) The provisions of paragraph (b)  of  this  subdivision  shall  not
apply to such real property classified within:
(i) on and after January first, nineteen hundred eighty-six, class one
of  section one thousand eight hundred two of the real property tax law;
(ii) on and after January first,  nineteen  hundred  eighty-four,  the
homestead  class  of  an  approved  assessing unit which has adopted the
provisions of section one  thousand  nine  hundred  three  of  the  real
property  tax  law,  or  the  homestead  class of the portion outside an
approved assessing unit of an eligible split school district  which  has
adopted  the  provisions of section nineteen hundred three-a of the real
property tax law; provided, however, that, in an approved assessing unit
which adopted the provisions of section one thousand nine hundred  three
of  the  real  property  tax  law  prior  to  the effective date of this
subdivision, paragraph (b) of this subdivision shall apply to  all  such
real  property  (i)  which  is  classified  within  the  homestead class
pursuant to paragraph one of subdivision (e)  of  section  one  thousand
nine hundred one of the real property tax law and (ii) which, regardless
of  classification,  was  on  the assessment roll prior to the effective
date of this subdivision unless the  governing  body  of  such  approved
assessing  unit  provides  by  local law adopted after a public hearing,
prior to the taxable status date of such assessing unit  next  occurring
after  December  thirty-first,  nineteen hundred eighty-three, that such
paragraph (b) shall not apply to such real property to which this clause
applies.  Provided  further,  however,  real  property  subject  to  the
provisions   of   this   subparagraph  shall  be  assessed  pursuant  to
subdivision two of section five hundred eighty-one of the real  property
tax law.
(e)  On  the  first  assessment  roll with a taxable status date on or
after the effective date of  a  declaration  filed  with  the  recording
officer  and  on  every  assessment  roll thereafter, the assessor shall
enter each unit as a parcel,  as  provided  in  paragraph  (a)  of  this
subdivision, based upon the condition and ownership of each such unit on
the  appropriate  valuation  and  taxable status dates. Units owned by a
developer may be entered as a single parcel with  a  parcel  description
corresponding  to  the entire development, including the land under such
development, and excluding those units appearing  separately.  Upon  the
first  assessment  roll  where each unit is separately assessed, only an
individual unit and its common interest shall constitute a parcel.
(f)  The  provisions  of  paragraph  (b) of this subdivision shall not
apply to a converted condominium unit in a municipal  corporation  other
than  a  special assessing unit, which has adopted, prior to the taxable
status date of the assessment roll upon which its taxes will be  levied,
a  local  law or, for a school district, a resolution providing that the
provisions of paragraph (b) of this subdivision shall  not  apply  to  a
converted   condominium   unit  within  that  municipal  corporation.  A
converted condominium unit for purposes of this paragraph shall  mean  a
dwelling  unit held in condominium form of ownership that has previously
been on an assessment roll as a dwelling unit in other than  condominium
form of ownership, and has not been previously subject to the provisions
of paragraph (b) of this subdivision.
(g)  The  provisions  of  paragraph  (b) of this subdivision shall not
apply to real property owned or leased by a cooperative  corporation  or
on a condominium basis in the Town of Greenburgh, in Westchester County,
which  has  adopted,  prior to the taxable status date of the assessment
roll upon which its taxes will be levied, a local law providing that the
provisions of paragraph (b) of this subdivision shall not apply to  such
real  property  within  such  town; provided, however, the provisions of
this paragraph shall not apply to real property owned  or  leased  by  a
cooperative  corporation  or  on  a  condominium  basis  that  had  been
previously  subject  to  the  provisions  of  paragraph  (b)   of   this
subdivision  prior to January first, two thousand twenty-three; provided
further, however, the provisions of this paragraph shall  not  apply  to
real  property  owned  or  leased  by  a cooperative corporation or on a
condominium basis that is participating in  an  affordable  housing  tax
credit  program  or has a regulatory agreement with a federal, state, or
local agency related to affordable housing requirements.
2. With respect only to qualified leasehold condominiums:
(a) Each  unit,  its  common  interest,  not  including  any  personal
property,  and  the  proportionate  undivided  part of the real property
which is the  subject  of  a  qualified  leasehold  condominium  and  is
allocated  to  such  unit  (as  expressed  in the declaration), shall be
deemed to be a parcel, shall be subject to separate  assessment  to  the
unit  owner  and  shall  be  subject to taxation by each assessing unit,
school district, special district, county or other taxing unit  for  all
types  of taxes authorized by law including, but not limited to, special
ad valorem levies and special assessments.  Neither  the  real  property
which is the subject of a qualified leasehold condominium, the building,
the  property  nor  any  of  the common elements shall be deemed to be a
parcel. In no event shall the aggregate of the assessment of  the  units
plus their common interests plus their proportionate undivided parts (as
expressed  in  the  declaration)  of said real property exceed the total
valuation of the property and said real property assessed  as  a  single
parcel  owned  in fee. No provision of this paragraph shall be deemed to
subject to taxation any  parcel  or  part  thereof  which,  pursuant  to
applicable  law, is either exempt from taxation or with respect to which
no taxes are payable.
(b) For the purposes of section five hundred two of the real  property
tax law, both the unit owner and the owner of the real property which is
the  subject  of a qualified leasehold condominium shall be deemed to be
the owner of the parcel  in  which  such  unit  is  included;  provided,
however, that for the purposes of section nine hundred twenty-six of the
real  property tax law, only the unit owner shall be deemed the owner of
the parcel in which such unit is included and only the unit owner  shall
be  personally liable for the payment of any taxes assessed against such
parcel. Only the fee owner of  the  land  which  is  the  subject  of  a
qualified  leasehold  condominium,  however,  shall  be deemed to be the
owner of the parcel in which a unit is  included  for  the  purposes  of
determining whether such parcel is subject to or exempt from taxation or
whether no taxes are payable with respect thereto.
(c)  The taxes assessed against each unit, its common interest and the
proportionate undivided part of the real property which is  the  subject
of  a  qualified  leasehold  condominium  allocated  to  such  unit  (as
expressed in the declaration), shall constitute a lien  solely  on  that
unit,  its  common interest and the proportionate undivided part of said
real property allocated to such unit (as expressed in the  declaration),
and  such  taxes  shall  not  constitute a lien on any other unit or the
common interest of any other unit or the proportionate undivided part of
said real property allocated to any other  unit  (as  expressed  in  the
declaration).
(d)  At  such  time  as  the  real  property which is the subject of a
qualified leasehold condominium is submitted to the provisions  of  this
article,  the  assessing  unit  shall  make  provision  so that the real
property  which  (i)  is  not  the  subject  of  a  qualified  leasehold
condominium  and  (ii) immediately prior to such submission was included
in a parcel in which there also was included all or any part of the real
property which  is  (immediately  subsequent  to  such  submission)  the
subject of a qualified leasehold condominium, is established as a single
parcel  on  the  assessment  roll  and  tax  map of such assessing unit,
separate and apart from any real property which  is  the  subject  of  a
qualified leasehold condominium.
3.  All  provisions  of  a  declaration relating to a unit, its common
interest and the proportionate undivided part of the real property which
is the subject of a qualified leasehold condominium  allocated  to  such
unit  (as  expressed  in the declaration), which has been sold for taxes
shall survive and shall be enforceable after the issuance of a tax  deed
for  such  unit  to  the  same  extent  that  such  provisions  would be
enforceable against a voluntary grantee of such unit  immediately  prior
to the delivery of such tax deed.
4.  The  board  of managers may act as an agent of each unit owner who
has given his written authorization to seek administrative and  judicial
review  of an assessment made in accordance with subdivision one of this
section, pursuant to title one-A  of  article  five  and  title  one  of
article  seven  of  the real property tax law. The board of managers may
retain legal counsel on behalf of all unit owners for which it is acting
as agent and to charge  all  such  unit  owners  a  pro  rata  share  of
expenses,  disbursements  and  legal fees for which charges the board of
managers  shall  have  a  lien  pursuant  to   section   three   hundred
thirty-nine-z.
5. Notwithstanding the provisions of any general, special or local law
to  the  contrary, in a city having a population of one million or more,
the board of managers shall be authorized to act as the  sole  agent  on
behalf of all unit owners, without authorization of each unit owner, for
the limited purpose of determining whether or not to waive prospectively
the  benefit  of  real  property  tax  abatement  and  exemption for the
property in order to qualify for a partial abatement  of  real  property
taxes  pursuant  to  section  four  hundred  sixty-seven-a  of  the real
§ 339-z. Lien for common charges; priority; exoneration of grantor and
grantee. The board of managers, on behalf of the unit owners, shall have
a lien on each unit for the unpaid common charges thereof, together with
interest  thereon,  prior  to  all other liens except only (i) liens for
taxes on the unit in favor  of  any  assessing  unit,  school  district,
special district, county or other taxing unit, (ii) all sums unpaid on a
first  mortgage  of  record,  and (iii) all sums unpaid on a subordinate
mortgage of record held by the New York job development  authority,  the
New  York  state  urban development corporation, the division of housing
and community renewal, the housing trust fund corporation, the New  York
city  housing  development corporation, or in a city having a population
of one million or more, the  department  of  housing,  preservation  and
development.  Upon  the sale or conveyance of a unit, such unpaid common
charges shall be paid out of the sale proceeds or by  the  grantee.  Any
grantor  or  grantee of a unit shall be entitled to a statement from the
manager or board of managers, setting forth the  amount  of  the  unpaid
common  charges  accrued  against the unit, and neither such grantor nor
grantee shall be liable for, nor shall the unit conveyed be subject to a
lien for, any unpaid common charges against such unit accrued  prior  to
such   conveyance   in   excess   of   the  amount  therein  set  forth.
Notwithstanding   the   above,   the   declaration   of   an   exclusive
non-residential condominium may provide that the lien for common charges
will be superior to any mortgage liens of record.
§  339-aa.  Lien  for  common charges; duration; foreclosure. The lien
provided for in the immediately preceding  section  shall  be  effective
from  and  after  the  filing  in the office of the recording officer in
which the declaration is filed a verified notice  of  lien  stating  the
name  (if any) and address of the property, the liber and page of record
of the declaration, the name of the record owner of the unit,  the  unit
designation,  the  amount  and  purpose for which due, and the date when
due; and shall continue in effect until all sums secured  thereby,  with
the interest thereon, shall have been fully paid or until expiration six
years  from  the  date  of filing, whichever occurs sooner. In the event
that unpaid common charges are due, any member of the board of  managers
may  file  a notice of lien as described herein if no notice of lien has
been filed within sixty days after the unpaid charges are due. Upon such
payment the unit owner shall be entitled to an instrument duly  executed
and  acknowledged  certifying  to  the fact of payment. Such lien may be
foreclosed by suit authorized by and brought in the name of the board of
managers, acting on behalf of the unit  owners,  in  like  manner  as  a
mortgage  of real property, without the necessity, however, of naming as
a party defendant any person solely by reason of  his  owning  a  common
interest  with respect to the property. In any such foreclosure the unit
owner shall be required to pay a reasonable rental for the unit for  any
period prior to sale pursuant to judgment of foreclosure and sale, if so
provided  in the by-laws, and the plaintiff in such foreclosure shall be
entitled to the appointment of a receiver to collect the same. The board
of managers, acting on behalf of the  unit  owners,  shall  have  power,
unless  prohibited  by  the  by-laws,  to bid in the unit at foreclosure
sale, and to acquire and hold, lease, mortgage and convey the same. Suit
to  recover  a  money  judgment  for  unpaid  common  charges  shall  be
maintainable  without foreclosing or waiving the lien securing the same,