dliu1/legal-llama-raw-text huggingface dataset:
339-p.  Copy of floor plans to be filed.
339-q.  Filing with board.
339-r.  Blanket mortgages and other blanket  liens  affecting  a
unit at time of first conveyance.
339-s.  Recording.
339-t.  Withdrawal from provisions of this article.
339-u.  By-laws.
339-v.  Contents of by-laws.
339-w.  Books  of  receipts  and  expenditures; availability for
339-x.  Waiver of use of common elements; abandonment  of  unit;
conveyance to board of managers.
339-y.  Separate taxation.
339-z.  Lien   for  common  charges;  priority;  exoneration  of
grantor and grantee.
339-aa. Lien for common charges; duration; foreclosure.
339-bb. Insurance.
339-cc. Repair or reconstruction.
339-dd. Actions.
339-ee. Effect of other laws.
339-ff. Mortgage  investments  on  units  by   state   agencies,
insurers,   banking   organizations  and  fiduciaries;
limitation to first mortgages.
339-gg. Severability.
339-hh. Reservation of power.
339-ii. Construction.
339-jj. Borrowing by board of managers.
339-kk. Rents.
339-ll. Electric vehicle charging station installation.
§  339-d. Short title. This article shall be known and may be cited as
the condominium act.
§  339-e.  Definitions.  As  used  in this article, unless the context
otherwise requires:
1. Building means a multi-unit building or buildings, or a group  of
buildings  whether  or  not attached to each other, comprising a part of
2. Common charges means  each  unit's  proportionate  share  of  the
common expenses in accordance with its common interest.
3.  Common  elements,  unless otherwise provided in the declaration,
means and includes:
(a) The land on which the building is located;
(b) The foundations, columns, girders, beams,  supports,  main  walls,
roofs,  halls,  corridors, lobbies, stairs, stairways, fire escapes, and
entrances and exits of the building;
(c) The basements, cellars, yards, gardens, recreational or  community
facilities, parking areas and storage spaces;
(d)  The premises for the lodging or use of janitors and other persons
employed for the operation of the property;
(e) Central and appurtenant installations for services such as  power,
light, gas, hot and cold water, heating, refrigeration, air conditioning
and incinerating;
(f)   The   elevators,   escalators,   tanks,   pumps,  motors,  fans,
compressors, ducts  and  in  general  all  apparatus  and  installations
existing for common use;
(g)  Such  facilities  as  may be designated as common elements in the
declaration; and
(h) All other parts of the property necessary  or  convenient  to  its
existence, maintenance and safety, or normally in common use.
4. Common expenses means and includes:
(a) Expenses of operation of the property, and
(b)  All  sums  designated  common  expenses  by  or  pursuant  to the
provisions of this article, the declaration or the by-laws.
5. Common interest means the (i) proportionate,  undivided  interest
in  fee  simple  absolute,  or  (ii)  proportionate  undivided leasehold
interest in the common elements appertaining to each unit, as  expressed
in the declaration.
6.  Common  profits  means  the excess of all receipts of the rents,
profits and revenues  from  the  common  elements  remaining  after  the
deduction of the common expenses.
7.  Declaration  means  the  instrument  by  which  the  property is
submitted to the provisions of this article,  as  hereinafter  provided,
and  such  instrument  as from time to time amended, consistent with the
provisions of this article and of the by-laws.
8. Majority of unit owners means either (i) more than fifty per cent
in common interest in the aggregate, or (ii) more than fifty per cent in
number of units in the aggregate, or (iii) more than fifty per  cent  in
the  aggregate in both common interest and in number of units, as may be
specified herein or in the declaration or the by-laws  with  respect  to
any matter or matters. Any specified percentage of unit owners means (i)
such  percentage  in  common  interest  in  the  aggregate, or (ii) such
percentage in number of units in the aggregate, or (iii) such percentage
in common interest and such percentage in number of  units,  as  may  be
specified  herein  or  in the declaration or the by-laws with respect to
any matter or matters, provided, however, that different percentages  in
interest and in number of units may be so specified.
9.  Operation  of the property means and includes the administration
and  operation  of  the  property  and  the  maintenance,   repair   and
replacement of, and the making of any additions and improvements to, the
common elements.
10.   Person  means  a  natural  person,  corporation,  partnership,
association, trustee or other legal entity.
11. Property means and includes the land, the building and all other
improvements  thereon,  (i) owned in fee simple absolute, or (ii) in the
case of a condominium devoted exclusively to  non-residential  purposes,
held  under  a  lease or sublease, or separate unit leases or subleases,
the unexpired term or terms of which on the date  of  recording  of  the
declaration shall not be less than thirty years, or (iii) in the case of
a  qualified  leasehold  condominium, held under a lease or sublease, or
separate unit leases or subleases, the unexpired term or terms of  which
on the date of recording of the declaration shall not be less than fifty
years,  and  all  easements, rights and appurtenances belonging thereto,
and  all  other  property,  personal  or  mixed,  intended  for  use  in
connection therewith, which have been or are intended to be submitted to
12.  Qualified leasehold condominium means any leasehold interest in
real property intended to  be  used  for  either  residential  purposes,
commercial  purposes,  industrial  purposes  or  any combination of such
purposes, together with any fee simple absolute or leasehold interest in
the buildings and all other improvements which have been or at any  time
hereafter  may  be erected upon such real property, which has been or is
intended to be submitted to the provisions  of  this  article,  provided
that,  on  the date of the recording of the declaration: (i) the battery
park city authority or the Roosevelt Island operating corporation is the
holder of the tenant's interest in such leasehold interest or  (ii)  the
Queens  West  development  corporation  is  the holder of the landlord's
interest in such leasehold interest or (iii) the  Brooklyn  bridge  park
development corporation is the holder of the landlord's interest in such
leasehold  interest,  or (iv) the New York city educational construction
fund is the holder of the landlord's interest in such leasehold interest
for property located in the borough of Manhattan, in  the  city  of  New
York, bounded on the east by Second Ave, on the west by Third Avenue, to
the  north  by  East  Fifty-seventh  Street,  and  to  the south by East
Fifty-sixth Street.
13. Recording officer and recording or recorded shall  have  the
meanings stated in section two hundred ninety of this chapter.
14.  Unit  means a part of the property intended for any type of use
or uses, and with an exit to a public street or highway or to  a  common
element  or  elements  leading  to  a  public street or highway, and may
include such appurtenances as garage and other  parking  space,  storage
room, balcony, terrace and patio, but in no event may utility facilities
such as those for water or sewerage treatment or power generation appear
as single units.
15. Unit designation means the number, letter or combination thereof
or other official designations conforming to the tax lot number, if any,
designating the unit in the declaration and on the floor plans.
16.  Unit  owner  means  the  person or persons owning a unit in fee
simple absolute or, in the case either  (i)  of  a  condominium  devoted
exclusively  to  non-residential purposes, or (ii) a qualified leasehold
condominium, owning a unit held under a lease or sublease.
§  339-f.  Application of article. 1. This article shall be applicable
only to property the sole owner or all the owners of  which  submit  the
same  to  the  provisions  hereof  by  duly  executing  and  recording a
declaration as hereinafter provided.
2. Such property shall be submitted and subject to  the  authority  of
and  review  by  the  county planning agency as set forth in section two
hundred thirty-nine-n of article twelve-B of the general municipal  law,
irrespective  of  and  notwithstanding  the  distance requirement of the
second unnumbered paragraph of such section, and as though the  property
were  a subdivision plat subject to such section. This subdivision shall
not be applicable to:
(i) property which has received local planning board approval prior to
December twenty-first, nineteen hundred seventy-eight; or
(ii) property submitted to the provisions of this article on which any
building or buildings or any portion thereof  has  been  rented  to  any
tenant or tenants
§  339-g.  Status  of  units.  Each  unit,  together  with  its common
interest, shall for all purposes constitute real property.
§  339-h. Ownership of units. Each unit owner shall be entitled to the
exclusive ownership and possession of his unit.
§  339-i. Common elements. 1. Each unit shall have appurtenant thereto
a common interest as expressed in the declaration. Such  interest  shall
be  (i) in the approximate proportion that the fair value of the unit at
the date of the declaration bears to the then aggregate  fair  value  of
all  the units or (ii) in the approximate proportion that the floor area
of the unit at the date of the declaration bears to the  then  aggregate
floor  area  of  all  the  units,  but such proportion shall reflect the
substantially exclusive advantages enjoyed by one or more  but  not  all
units in a part or parts of the common elements or (iii) the interest of
each of the units shall be in equal percentages, one for each unit as of
the  date  of  filing  the  declaration,  or in equal percentages within
separate  classifications  of  units  as  of  the  date  of  filing  the
declaration,  or  (iv) upon floor space, subject to the location of such
space and the additional factors of relative value to other space in the
condominium, the uniqueness of the  unit,  the  availability  of  common
elements  for exclusive or shared use, and the overall dimensions of the
particular unit.
2. The common interest appurtenant to each unit as  expressed  in  the
declaration  shall  have  a permanent character and shall not be altered
without the consent of all unit owners affected, expressed in an amended
declaration. However, the declaration may contain provisions relating to
the appropriation,  taking  or  condemnation  by  eminent  domain  by  a
federal,   state   or  local  government,  or  instrumentality  thereof,
including, but not limited to, reapportionment or other  change  of  the
common  interest appurtenant to each unit, or portion thereof, remaining
after a  partial  appropriation,  taking  or  condemnation.  The  common
interest  shall  not  be separated from the unit to which it appertains.
Nothing contained in this article shall prohibit  the  division  of  any
unit  and  common interest appurtenant thereto in a non-residential unit
in the manner permitted by the declaration and bylaws, including changes
in the number of rooms; in no case may such division result in a greater
percentage of common interest for  the  total  of  the  new  units  than
existed  for  the original unit before division. Where authorized by the
declaration and bylaws, an appropriate amendment to the declaration  may
be  filed  by  the  new unit owners under the same file number and under
procedure set forth in section three hundred thirty-nine-p  hereof,  and
the  local  tax  authorities shall provide and certify upon the proposed
amendment a conforming tax lot number upon completion of the new units.
3. The common elements shall remain undivided and no right shall exist
to partition or divide any thereof, except as otherwise provided in this
article. Any provision to the contrary shall be null and void.   Nothing
in  this  subdivision  shall be deemed to prevent ownership of a unit by
the entireties, jointly or in common.
4. Each unit owner may use the common elements in accordance with  the
purpose  for  which they are intended, without hindering the exercise of
or encroaching upon the rights  of  the  other  unit  owners,  but  this
subsection  shall  not  be  deemed  to  prevent  some unit or units from
enjoying substantially exclusive advantages in a part or  parts  of  the
common elements as expressed in the declaration or by-laws.
5.  The  unit owners shall have the irrevocable right, to be exercised
by the board of managers, to have access to each unit from time to  time
during reasonable hours to the extent necessary for the operation of the
property,  or  for making emergency repairs therein necessary to prevent
damage to the common elements or to  another  unit  or  units,  and  the
by-laws   may   contain   reasonable   rules  and  regulations  for  the
administration of this provision as the privacy of  the  units  and  the
protection  of  them  and their contents from burglary, theft or larceny
§  339-j. Compliance with by-laws and rules and regulations. Each unit
owner  shall  comply  strictly  with  the  by-laws   and   with   rules,
regulations,   resolutions   and  decisions  adopted  pursuant  thereto.
Failure to comply with any of the same shall be ground for an action  to
recover  sums due, for damages or injunctive relief or both maintainable
by the board of managers on behalf of the unit owners or,  in  a  proper
case,  by  an  aggrieved unit owner. In any case of flagrant or repeated
violation by a unit owner, he may be required by the board  of  managers
to give sufficient surety or sureties for his future compliance with the
by-laws, rules, regulations, resolutions and decisions.  Notwithstanding
the  foregoing  provisions  of this section, no action or proceeding for
any relief may be maintained due to the display of a flag of the  United
States measuring not more than four feet by six feet.
§  339-k.  Certain  work  prohibited.  No unit owner shall do any work
which would jeopardize the soundness or safety of the  property,  reduce
the  value  thereof  or impair any easement or hereditament, nor may any
unit owner  add  any  material  structure  or  excavate  any  additional
basement  or  cellar,  without in every such case the consent of all the
unit owners affected being first obtained.
§ 339-l. Liens against common elements; liens against units; liens for
labor  performed  or materials furnished. 1. Subsequent to recording the
declaration and while the property remains subject to this  article,  no
lien  of  any  nature  shall  thereafter arise or be created against the
common elements except with the unanimous consent of  the  unit  owners.
During  such  period,  liens  may  arise  or be created only against the
several units and their respective common interests.
2. Labor performed on or materials furnished to a unit  shall  not  be
the  basis  for the filing of a lien pursuant to article two of the lien
law against the unit of any unit owner not expressly  consenting  to  or
requesting  the  same, except in the case of emergency repairs. No labor
performed on or materials furnished to the common elements shall be  the
basis  for  a  lien  thereon,  but all common charges received and to be
received by the board of managers, and the right to receive such  funds,
shall  constitute trust funds for the purpose of paying the cost of such
labor or materials performed or furnished at the express request or with
the consent of the manager, managing agent or board of managers, and the
same shall be expended first for such purpose before expending any  part
of the same for any other purpose.
§  339-m.  Common  profits  and  expenses.  The  common profits of the
property shall be distributed among, and the common  expenses  shall  be
charged  to,  the  unit  owners  according  to  their  respective common
interests, provided however, that expenses of insurance may  be  charged
as provided in section three hundred thirty-nine-bb. Notwithstanding any
provision  of  this  article,  profits  and  expenses  may  be specially
allocated and apportioned by the board of managers in a manner different
from common profits and expenses, to one or more  non-residential  units
where  so authorized by the declaration and bylaws. In the case of units
in any  building,  residential  or  non-residential,  or  a  combination
thereof, profits and expenses may be specially allocated and apportioned
based  on  special or exclusive use or availability or exclusive control
of particular units or common areas by particular  unit  owners,  if  so
authorized  by  the  declaration  and bylaws, in a manner different from
common profits and  expenses.  Notwithstanding  any  provision  of  this
article,  common expenses may be charged to the owners of units that are
subject  to  a  regulatory  agreement  with  a  governmental  entity  or
instrumentality  limiting  the household income of the residents of such
units upon initial occupancy that are  less  than  the  common  expenses
charged to owners of other units where such lesser charges are necessary
to  ensure that the combined common expenses, mortgage and other housing
costs paid by owners of units subject to such regulatory  agreements  do
not  exceed  thirty  percent  of the household income limit specified in
such regulatory agreements. Where so authorized by the  declaration  and
bylaws,  common  expenses  may  be charged to owners of units subject to
such regulatory agreements in a manner that (i) is not  proportional  to
the  respective  common interests of such owners, (ii) limits the amount
charged to such owners, or (iii) limits the rate  at  which  the  amount
charged  to  such  owners  may  increase.  The existence of such special
allocation of common expenses and its financial impact  upon  all  units
shall be disclosed as a special risk in any offering plan.
§  339-n.  Contents  of declaration. The declaration shall contain the
following particulars:
1. A statement of intention to submit the property to  the  provisions
2.  Description of the land on which the building and improvements are
or are to be located.
3. Description of the building, including the location of the building
by reference to fixed monuments or tax  map  parcel  data,  stating  the
number  of  stories,  basements and cellars, the number of units and the
principal materials of which it is or is to be constructed.
4. The unit designation of each unit, and a statement of its location,
approximate area, number of  rooms  in  residential  areas,  and  common
element  to  which it has immediate access, and any other data necessary
for its proper identification.
5. Description of the common elements and a statement  of  the  common
interest of each unit owner.
6.  Statement of the uses for which the building and each of the units
are intended.
7. A designation of the secretary of state as agent of the corporation
or board of managers upon whom process against it may be served and  the
post  office address within or without this state to which the secretary
of state shall mail a copy of any process against it served upon him  or
her. The designation may include an email address to which the secretary
of  state  shall  email a notice of the fact that process against it has
been electronically served upon him or her. Service of  process  on  the
secretary  of  state  as  agent of such corporation or board of managers
shall be made in the manner provided by paragraph (a)  or  (b)  of  this
subdivision.  Either  option  of  service  authorized  pursuant  to this
subdivision shall be available at no extra cost  to  the  consumer.  (a)
Personally  delivering  to  and  leaving  with  him or her or his or her
deputy, or with any person authorized  by  the  secretary  of  state  to
receive  such  service,  at the office of the department of state in the
city of Albany, duplicate copies  of  such  process  together  with  the
statutory fee, which shall be a taxable disbursement. Service of process
on  such  corporation  or  board  of managers shall be complete when the
secretary of state is so served. The secretary of state  shall  promptly
send  one of such copies by certified mail, return receipt requested, to
such corporation or board of managers, at the post  office  address,  on
file  in  the  department  of  state,  specified  for  such purpose. (b)
Electronically submitting a copy of the process  to  the  department  of
state  together  with  the  statutory  fee, which fee shall be a taxable
disbursement, through an electronic system operated by the department of
state, provided the corporation  or  board  of  managers  has  an  email
address  on  file  in  the department of state to which the secretary of
state shall email  a  notice  of  the  fact  that  process  against  the
corporation  or  board of managers has been served electronically on the
secretary of state. Service of process on such corporation or  board  of
managers  shall be complete when the secretary of state has reviewed and
accepted service of such process. The secretary of state shall  promptly
send  notice  of the fact that process has been served electronically on
the secretary of state to such corporation or board of managers  at  the
email  address  on  file  in  the department of state, specified for the
purpose and  shall  make  a  copy  of  the  process  available  to  such
corporation  or  board  of  managers.  Nothing in this subdivision shall
affect the right to serve process in any other manner permitted by  law.
The  corporation or board of managers shall also file with the secretary
of state the name and post office address within or without  this  state
to which the secretary of state shall mail a copy of any process against
it  served  upon  the  secretary of state and shall update the filing as
8.  Any  further  details  in  connection  with the property which the
person or persons executing the declaration may deem  desirable  to  set
9. The method by which the declaration may be amended, consistent with
the provisions of this article
§  339-o.  Contents  of deeds and leases of units. Deeds and leases of
units shall include the following particulars:
1. Description of the land as provided in subsection  two  of  section
three hundred thirty-nine-n and the liber, page and date of recording of
the  declaration  or  solely by naming the city, village or town and the
county in which the unit is located and referring to the liber, page and
date of recording of the declaration.
2. The unit designation of the unit in the declaration and  any  other
data necessary for its proper identification.
3. Statement of the use for which the unit is intended.
4. The common interest appertaining to the unit.
5.  Any  further  details  which  the  grantor  and  grantee  may deem
desirable to set forth.
§  339-p.  Copy  of  floor  plans to be filed. Simultaneously with the
recording of the declaration there shall be filed in the office  of  the
recording  officer  a set of the floor plans of the building showing the
layout, locations, and approximate dimensions of the units, stating  the
declarants'  names,  and  bearing the verified statement of a registered
architect or licensed professional engineer certifying  that  it  is  an
accurate copy of portions of the plans of the building as filed with and
approved  by  the  municipal  or  other  governmental subdivision having
jurisdiction over the  issuance  of  permits  for  the  construction  of
buildings.  If  such  floor  plans  do  not  contain  unit  designations
certified by the appropriate local tax authorities as conforming to  the
official  tax  lot  number,  there  shall  be filed in the office of the
recording officer prior to the first conveyance of a unit a  floor  plan
containing  a  unit  designation  certified by the appropriate local tax
authority as conforming to the official tax lot number. It shall be  the
duty  of  the appropriate local tax authority to provide such number for
each unit upon completion of such unit. If such plans do not  include  a
verified  statement  by such architect or engineer that such plans fully