dliu1/legal-llama-raw-text huggingface dataset:
agreement  with the owner for the use of the space in a common area, and
the owner shall comply with all of the requirements in paragraph (e)  of
(g) The association or owners may install an electric vehicle charging
station  in  the  common  elements  for  the  use  of all members of the
association and, in that case, the association shall develop appropriate
terms of use for the charging station.
(h) An association may create a new parking space where  one  did  not
previously  exist  to facilitate the installation of an electric vehicle
charging station.
(i) An association that  willfully  violates  this  section  shall  be
liable to the applicant or other party for actual damages, and shall pay
a  civil  penalty  to  the  applicant or other party in an amount not to
exceed one thousand dollars.
(j) In any action by a unit  owner  requesting  to  have  an  electric
vehicle  charging  station  installed  and seeking to enforce compliance
with this section, the unit owner shall be awarded reasonable attorney's
fees if he or she prevails.
the entirety, jointly or in common.
ARTICLE 9-C
SOLAR RIGHTS ACT
Section 342. Certain   covenants,   conditions,   and   restrictions  of
homeowners' associations prohibited.
§  342. Certain covenants, conditions, and restrictions of homeowners'
associations prohibited.  1.  Definitions.  For  the  purposes  of  this
(a) restriction on use means any covenant, restriction, or condition
contained in:
(i) a deed;
(ii) a contract;
(iii) the by-laws of a homeowners' association;
(iv) any rules or regulations adopted by a homeowners' association;
(v) a security agreement; or
(vi)  any  other  instrument affecting the transfer or sale of, or any
interest in, real property.
(b) solar power system means a photovoltaic  system,  comprising  of
solar  electric  generating  equipment,  installed  on a rooftop, with a
rated capacity of not more than twenty-five kilowatts.
2. A homeowners' association may not adopt or  enforce  any  rules  or
regulations  that  would  effectively  prohibit,  or impose unreasonable
limitations on, the installation or use  of  a  solar  power  system.  A
restriction  on  use which effectively prohibits the installation or use
of a solar power system is unenforceable and shall be void  as  contrary
to  public policy. For the purposes of this subdivision, an unreasonable
limitation includes, but is not limited to, any restriction on use that:
(a) inhibits the solar power system from functioning at  its  intended
maximum efficiency; or
(b)  increases  the  solar  power system's installation or maintenance
costs by an amount which is estimated to be greater than ten percent  of
the  total  cost  of the initial installation of the solar power system,
including the costs of labor and equipment.
3. Notwithstanding subdivision two  of  this  section,  a  homeowners'
association  may  adopt  or enforce a restriction on use to prohibit the
installation of a solar power system that is located on  property  owned
by  the  homeowners' association or that is located on property owned in
common by the members of the homeowners' association.
4. Any denial of a homeowner's installation of a solar power system by
a homeowners' association must include a  detailed  description  of  the
exact  basis  for  rejection  in  writing  with specific examples of the
homeowners' association's concerns, if applicable.
5. A solar power system must meet the requirements established by  any
local,  state  or  federal  law, rule or regulation on health and safety
standards and those requirements imposed by state and  local  permitting
Authorities.
ARTICLE 9-D
ELECTRIC VEHICLE RIGHTS ACT
Section 343. Certain   covenants,   conditions,   and   restrictions  of
ARTICLE 10
DISCHARGE OF ANCIENT MORTGAGES
Section 345. Recording  of  declaration of intention to preserve certain
restrictions on the use of land.
§  345.  Recording  of  declaration  of  intention to preserve certain
restrictions on the use of land. 1. Except as  provided  in  subdivision
eight  of  this  section,  a  condition subsequent or special limitation
restricting the use of land and the right of  entry  or  possibility  of
reverter created thereby shall be extinguished and become unenforceable,
either  at law or in equity, and if the condition has been broken or the
reverter  has  occurred  the  right  of  entry  therefor  shall   become
unenforceable and the possessory estate resulting from the occurrence of
the  reverter shall be extinguished, unless within the time specified in
this section a declaration of intention to preserve it  is  recorded  as
provided  in  this  section,  and  notwithstanding the recording of such
declaration, unless thereafter,  within  the  times  specified  in  this
section,  renewal declarations are recorded as provided in this section.
Such extinguishment shall occur at the end of the period  in  which  the
declaration or renewal declaration may be recorded.
2.  A person or persons having a right of entry in the event of breach
of a condition subsequent restricting the use of land or  a  possibility
of reverter created by a special limitation restricting the use of land,
or   having  after  breach  of  such  condition  subsequent  or  special
limitation a right of entry therefor or a  possessory  estate  resulting
from  occurrence of the reverter, or any one of such persons, may record
a declaration of intention to preserve, either in whole or in part,  and
against  one  or  more  owners  of  interests in the land subject to the
restriction, the right of entry and the  condition  subsequent  creating
it,  or  the possibility of reverter and special limitation creating it,
or the possessory estate resulting from occurrence of the reverter.
An agent having actual authority, expressed in a writing signed by the
principal, may execute and record such a declaration on  behalf  of  his
principal.  A  parent  of an infant or a general guardian or guardian of
the property of an infant, or if he has no parent, general  guardian  or
guardian  of  his  property,  the  person  with  whom he resides, or the
committee of the property of an incompetent may execute and record  such
a  declaration  on  behalf  of  the  infant or incompetent without prior
authorization of the court.
3. Such declaration shall be entitled  Declaration  of  Intention  to
Preserve  Restrictions  on  the  Use  of  Land,  preceded  by  the word
Renewal if the declaration is a renewal  declaration,  and  shall  set
(a)  the names of the owners of interests in the land against whom and
the successors of whom the restriction is intended to be  preserved  or,
if  the  names  of  any  such persons are not known, a statement to that
effect and in the case of each such person whose name is not known,  the
name  of  the  last known previous owner from or through whom he derived
his interest;
(b) the names and residence addresses  of  the  persons  intending  to
preserve the restriction;
(c)  a  description of the land against which the restriction is to be
preserved, with  such  information  as  to  its  location  and  specific
identification  as would be required to be set forth in or endorsed upon
a deed transferring the land to be recorded  in  the  county  where  the
declaration is to be recorded;
(d) the terms of the restriction;
(e) a reference to the instrument creating the condition subsequent or
special limitation by which the restriction is imposed and to the place,
if  any, where such instrument is recorded or filed, or if the condition
subsequent or special limitation was created otherwise than  by  written
instrument,  a  reference  to  the  transaction by which it was created,
together  with  the  names  of  the  parties  to  such   instrument   or
transaction,  date  of  execution and in the case of a will, the date it
took effect and the court in which it was probated, or other information
sufficient to show the origin of the  condition  subsequent  or  special
limitation  and  the  location  of  public  records, if any, showing its
origin;
(f) references to any  conveyances,  transactions  or  events  through
which  the  person  by  or  on  whose behalf the declaration is executed
acquired the right of  entry,  possibility  of  reverter  or  possessory
estate  resulting  from  occurrence of the reverter, and the location of
public records,  if  any,  of  such  instruments  or  relating  to  such
transactions  or  events to the extent that the existence of such public
records and their  location  are  known  to  the  person  recording  the
declaration;
(g)  the  date on which the condition subsequent or special limitation
was created;
(h) that the person by or on whose behalf the declaration is  executed
claims  that the right of entry has arisen or the reverter has occurred,
if such claim is made;
(i) if the declaration is executed by one person on behalf of another,
the source of his authority or his  relation  to  the  person  on  whose
behalf he executed it;
(j)  if  the  declaration  is a renewal declaration, the date when the
original declaration was recorded and the date  on  which  any  previous
renewal declaration was recorded.
Every  such declaration shall be signed by or on behalf of each person
named therein  as  intending  to  preserve  the  restriction.  A  person
executing  a  declaration  on  behalf  of  another  shall  append to his
signature a statement of his address and the name of the person on whose
behalf he acted.
The declaration shall be acknowledged or proved and certified  in  the
manner required to entitle a conveyance of real property to be recorded,
and shall have annexed thereto the affidavit or affidavits of the person
or  persons  who  executed it attesting that the statements set forth in
the declaration are true or that the  person  making  the  affidavit  is
informed  and  believes that they are true, setting forth the sources of
his information and the grounds of his belief, and such affidavit  shall
be recorded with the declaration.
4.  An  initial  declaration  may be recorded in the office in which a
conveyance of the land described in the declaration would be  recordable
or  registrable,  not  less than twenty-seven years nor more than thirty
years after the condition subsequent  or  special  limitation  described
therein  was  created;  provided,  however,  that  if the date when such
condition subsequent or special limitation  was  created  was  prior  to
September  first,  nineteen  hundred  thirty-one, the declaration may be
recorded on or before September first, nineteen hundred sixty-one.
A renewal declaration may be recorded after  the  expiration  of  nine
years  and  before  the  expiration  of ten years from the date when the
declaration was recorded or the recording of the next  previous  renewal
declaration  became  effective.  The  recording of a renewal declaration
shall become effective on  the  anniversary  of  the  recording  of  the
original declaration following the recording of the renewal declaration.
5.  A  declaration or renewal declaration executed as provided in this
section shall, on tender of lawful fees, be recorded and indexed  as  if
it  were  a conveyance executed by the persons named in such declaration
or renewal declaration  as  persons  against  whom  the  restriction  is
intended  to  be  preserved,  except that if title to the land described
therein is registered the declaration or renewal  declaration  shall  be
recorded  as  provided  in  section  four hundred eight of this chapter,
noted on the original certificate of title  of  such  land  and  indexed
against  the  names  of  the persons named in the declaration or renewal
declaration as persons against whom the restriction is to be preserved.
For  the  purposes  of  any  provision  of  law  relating  to fees for
except  matters expressly provided for in this section, a declaration or
renewal declaration shall be deemed a conveyance.
6. Recording of a declaration or of a  renewal  declaration  shall  be
effective to preserve the condition subsequent or special limitation and
the  right  of  entry,  possibility  of  reverter  or  possessory estate
resulting  from  occurrence  of  the  reverter  from  extinguishment  as
provided  in  this  section, (a) in favor of those persons only by or on
whose behalf it was executed and persons succeeding to  their  interests
and  (b)  against  such  persons only as are named in the declaration or
renewal declaration and persons deriving their interest,  either  before
or  after  the recording of the declaration or renewal declaration, from
or through persons so named.  It  shall  not  be  effective  to  prevent
extinguishment  or modification, under any other statute or rule of law,
of the condition subsequent or special limitation or the restriction  on
the use of land resulting therefrom or the right of entry or possibility
of  reverter  created  thereby  or  the possessory estate resulting from
occurrence of the  reverter,  nor  to  continue  the  existence  of  the
restriction  beyond  such  duration,  as may have been prescribed for it
when it was created, nor to extend the time allowed for commencement  of
any action.
7.  This  section  shall  apply  without  regard  to  (a) the infancy,
incompetency or other disability of any  person  entitled  to  record  a
declaration  of intention to preserve a restriction or a renewal of such
a declaration, (b) knowledge of the existence of the restriction by  the
owner  of  an  interest in the land burdened by it, (c) the pendency, at
the time recording of  the  declaration  or  a  renewal  declaration  is
required  by  this  section,  of  any action or proceeding to declare or
determine rights or interests dependent on the restriction or its breach
or to recover possession of the land or to assert in any manner a  right
of  entry  accruing by reason of breach of the restriction, or ownership
of a possessory estate resulting from occurrence of the reverter, or (d)
a judicial determination of the existence or continued validity  of  the
restriction, other than a judgment for the recovery of possession of the
land  or  of  proceeds of a sale thereof or of compensation for a taking
thereof, by  persons  entitled  thereto  by  reason  of  breach  of  the
condition  or  by  reason  of  a  reverter  occurring upon breach of the
restriction.
8. This section shall not apply  where  the  condition  subsequent  or
special  limitation  was  created in favor of (a) the United States, the
state of New York, or any governmental  subdivision  or  agency  of  the
United  States  or  of  the  state  of  New  York; or (b) the owner of a
reversion following an estate for life; or (c) the owner of a  reversion
following  an  estate for years where the number of years for which such
estate was created will expire less than seventy years  after  the  time
recording  of  an  initial declaration would otherwise be required under
this  section;  or  (d)  the  owner  of  a  reversion  on  a  lease   of
communication,  transportation or transmission lines; or (e) a mortgagee
or contractor-vendor of  land  or  the  holder  of  any  other  security
interest in land.
If  prior  to  the  time specified in this section for recording of an
initial declaration or renewal declaration a person entitled  to  record
such  declaration  or  renewal  declaration  shall  have  made valid and
effective entry into possession of the land,  pursuant  to  a  right  of
entry  or  upon  a  possessory  estate  resulting  from  occurrence of a
reverter, or  shall  have  obtained  a  judgment  for  the  recovery  of
possession  of  the  land  or  of  proceeds  of  a  sale  thereof  or of
compensation for a taking thereof this section shall not  apply  to  bar
enforcement of his rights so established.
9.  The  extinguishment  by  this section of a condition subsequent or
special limitation restricting the use of land and of the right of entry
or  possibility  of  reverter  created  thereby  or  possessory   estate
resulting from occurrence of the reverter shall not affect
(a)  the  power  of  any  person,  including the owner of the right of
entry, possibility of reverter or possessory estate, to enforce the same
restriction by action for damages or for an  injunction  to  the  extent
that it is also imposed by covenant, promise or negative easement;
(b)  a  condition  subsequent  or  special limitation, or the right of
entry or possibility of reverter created thereby  or  possessory  estate
resulting  from occurrence of the reverter, to the extent that the right
of entry or possibility of reverter is conditioned upon some event other
than breach of a restriction on the use of land.
ARTICLE 12
REGISTERING TITLE TO REAL PROPERTY
Section 370.   Petition to register title to real property.
371.   Petitions  and  proceedings to be in supreme court; title
part of special term.
372.   County clerks and registers to be registrars of title.
373.   Registrar's bond.
374.   Deputy registrars' powers and duties.
375.   Compensation  of  registrars   and   deputy   registrars,
official examiners of title, and registration clerks.
376.   Disposition of fees received by registrar.
377.   Official examiners of title.
378.   What owners may apply; what titles may be registered.
379.   Contents of petition for registration; other papers to be
filed.
380.   Official  examiner's  report of title; other evidences of
381.   Survey, map or plan to be filed.
382.   Notice of petition and of pendency of proceeding.
385.   Proceedings upon the petition; notice of hearing.
386.   Form of notice to parties.
388.   Guardian ad litem.
389.   Any person interested may appear and defend.
390.   Title in lands vested; clouds thereon removed.
391.   Final orders conclusive; to be entered and docketed as  a
judgment.
392.   Fraud; action to set aside or appeal from the final order
or judgment of registration or to recover the property.
393.   Registration of title.
394.   Certificate of title.
395.   Title book.
396.   Duplicate certificate of title.
398.   Certificate to include dealings pending registration.
399.   Certificate of title as evidence.
400.   Rights  of  owners  of  registered  property; exceptions;
incumbrances and transfers to be filed.
401.   Registered  property  not  affected  by  prescription  or
adverse possession.
402.   Fraud; notice only by registration.
403.   Memorial to be carried forward.
404.   Registered property to remain registered.
404-a. Withdrawal from registration in certain instances.
405.   Registered property subject to same rights and burdens as
unregistered property.
406.   Transfers of registered property.
407.   Certificate  as  to  part  of  property  remaining  after
transfer.
409.   Filing, entering and indexing  papers  pursuant  to  this
act; tickler certificate.
409-a. Entries in other indexes.
410.   Notice of filed papers.
411.   Addresses of interested parties; notice.
412.   When a transfer is deemed to be registered.
413.   New certificates of title.
414.   Loss of duplicate certificate.
415.   Mortgages,  leases  and  other  liens and charges; may be
registered.
416.   Proceedings to register mortgage, lease or other lien  or
417.   Judgments,  decrees,  attachments  and  other liens to be
noted on certificate.
418.   Assignment of mortgage, lease, or other lien or charge.
419.   Release, discharge or surrender of charge or incumbrance.
420.   Enforcement   of   mortgages,    charges,    liens    and
incumbrances.
421.   Powers of attorney to be filed and registered.
422.   Reference of doubtful matters to the court.
423.   Death  of  owner  of  registered  property;  transfer  of
423-a. Form for transfer of property  upon  death  of  owner  of
registered property.
426.   Assurance fund.
427.   Compensation from assurance fund.
428.   Action against assurance fund.
429.   Restrictions on claims against assurance fund.
430.   Penalties for fraudulent acts or false certificates.
431.   Forgery and fraudulent stamping; penalty.
432.   Fees to be charged.
433.   Construction of article.
434.   Form for official examiner's report of title.
435.   Form for certificate of title.
436. Termination of title registration procedures.
§  370. Petition to register title to real property. Real property, or
any estate, interest, or right therein, the title  to  which  is  hereby
authorized  to be registered, may be brought under the operation of this
article by the filing of a verified petition praying  for  registration,
with the clerk of the county in which the land, or some portion thereof,
is  situated.  The  petition  may  be  so made in person by the owner or
owners of such property, estate, interest, or right, or,  where  special
circumstances  are  shown  making it impracticable for the owner to make
such petition in person, by an agent acting under a  power  of  attorney
acknowledged in the same manner as a deed to be recorded.  A corporation
may  also  apply  by its duly authorized officer or agent.  An infant or
other person  under  disability  may  apply  by  his  legally  appointed
guardian,  trustee,  committee  or  conservator.  The  natural person or
corporation, in whose behalf the petition is filed may be known, and  is
treated  in  this  article,  as  the  petitioner. Any other party to the
proceeding may be known as a defendant.
§ 371. Petitions and proceedings to be in supreme court; title part of
special term.
The petition for registration must be made to the supreme court; or to
a  justice  thereof,  sitting  at  a special term in any of the counties
within the judicial department where the property is situated,  and  for
that  purpose said court shall be always open; and its orders, judgments
and decrees in cases coming under this article may be made  and  entered
as well in vacation as in term time. The proceedings upon such petitions
shall  have  the  effect of proceedings in rem against the land, and the
final orders shall have the effect of final judgments in an  action  and
shall operate directly on the land and vest and establish title thereto.
An  issue raised in such a case shall be tried at a special term of said
court, in the county in which the  petition  is  filed,  by  the  court,
except  that  an  issue  of  fact  may be tried by a jury, in the manner
prescribed by the civil practice law and rules. When in any  county  the
amount  of business under this article makes it necessary or proper that
such business should be attended to by one  or  more  justices  of  said
court  assigned for that purpose, the appellate division of the judicial
department in which such county is  situated  shall  designate  as  many
justices  as  may be deemed necessary, to constitute the title part of
the special term in  that  court;  and  said  appellate  division  shall
provide by rules of practice for the conduct, in said title part, of the
business  coming  under  this  article  in  such  county. Said appellate
division may assign one or more additional justices to said title part
of the special term, or withdraw one or more justices therefrom, as  the
business  coming  under this article may require and the availability of
the supreme court justices make proper.  One of the justices so assigned
to the title  part  of  the  special  term  in  any  county  shall  be
designated  by  said  appellate division to have general supervision and
control of the business coming under this article in that county; and so
far as is reasonably possible, such designation shall remain  unchanged,
and  such  justice  shall be retained continuously in such term and part
during his term of  office  unless  in  the  opinion  of  the  appellate
division  a  change is required for the better enforcement or working of
this law. One and the same justice may be assigned so as  to  have  such
general  supervision and control in two or more counties of the judicial
district for which he is elected. Other duties may be assigned  by  such
appellate  division to such justice, provided that they do not interfere
with his work in supervising and controlling the business  coming  under
this  article. The justice assigned, as herein provided, to have general
supervision and control of the business coming under the article in  any
county,  shall  also  have  general  supervision  and control of all the