dliu1/legal-llama-raw-text huggingface dataset:
and foreclosure shall be maintainable notwithstanding  the  pendency  of
suit to recover a money judgment.
Notwithstanding  any  other  provision of this article, if a municipal
corporation acquires title to a unit as  a  result  of  tax  enforcement
proceedings,  such  municipal  corporation  shall  not be liable for and
shall not be  subject  to  suit  for  recovery  of  the  common  charges
applicable  to  such  unit during the period while title to such unit is
held by the municipal corporation or for the payment of any  rental  for
the  unit  under the provisions of this section, except to the extent of
any rent arising from such unit received by such  municipal  corporation
during such period.
Except as herein specifically provided, nothing contained herein shall
affect  or  impair  or  release  the  unit from the lien for such common
charges or impair or diminish the rights of the manager or the board  of
managers  on  behalf  of  the unit owners under this section and section
three hundred thirty-nine-z.
§  339-bb.  Insurance. The board of managers shall, if required by the
declaration, the by-laws or by a majority of the unit owners, insure the
building against loss or damage by fire and such other hazards as  shall
be  required, and shall give written notice of such insurance and of any
change therein or termination thereof to each unit owner. In the case of
a qualified leasehold condominium, such insurance shall be  required  in
any  event,  and shall be in an amount equal to full replacement cost of
the building. The policy or policies of such insurance shall be  updated
annually to maintain such insurance in such amount. Nothing herein shall
prejudice  the  right  of each unit owner to insure his own unit for his
own benefit. The premiums for such insurance on the  building  shall  be
deemed  common expenses, provided, however, that in charging the same to
the unit owners consideration may be given to the higher  premium  rates
on some units than on others.
§ 339-cc. Repair or reconstruction. 1. Except as hereinafter provided,
damage  to or destruction of the building shall be promptly repaired and
reconstructed by the board of managers, using the proceeds of insurance,
if any, on the building for  that  purpose,  and  any  deficiency  shall
constitute  common expenses; provided, however, that if three-fourths or
more  of  the  building  is  destroyed  or  substantially  damaged   and
seventy-five  per  cent  or  more  of  the  unit  owners do not duly and
promptly resolve to proceed with repair or restoration, then and in that
event the property or so much thereof as shall remain, shall be  subject
to an action for partition at the suit of any unit owner or lienor as if
owned  in common, in which event the net proceeds of sale, together with
the net proceeds of insurance policies, if any, shall be  considered  as
one fund and 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 fund all liens on his unit.
2. Notwithstanding the provisions of subdivision one  hereof,  in  the
case  of a qualified leasehold condominium, any damage to or destruction
of the building shall be promptly  repaired  and  reconstructed  by  the
board  of managers, and the proceeds of the insurance policy or policies
required for qualified leasehold condominiums pursuant to the provisions
of section three hundred thirty-nine-bb of this chapter shall  first  be
applied to such repair and reconstruction.
§ 339-dd. Actions. Actions may be brought or proceedings instituted by
the board of managers in its discretion, on behalf of two or more of the
unit  owners,  as their respective interests may appear, with respect to
any cause of action relating to the common elements  or  more  than  one
unit.  Service  of  process on the unit owners in any action relating to
the common elements or more than one unit may  be  made  on  the  person
designated in the declaration to receive service of process.
§ 339-ee. Effect of other laws. 1. All units of a property which shall
be  submitted  to  the  provisions of this article shall be deemed to be
cooperative interests in realty within  the  meaning  of  section  three
hundred  fifty-two-e of the general business law. Article nine-A of this
chapter shall not apply to the property or any unit. Article  eleven  of
the  tax  law  shall  not  apply  to declarations or any lien for common
charges provided for in this article.  Any  provision  of  the  multiple
dwelling  law,  the  multiple  residence  law,  or  any  state  building
construction code as to multiple residences pursuant to  the  provisions
of  article eighteen of the executive law, requiring registration by the
owner or other person having control of a  multiple  dwelling  shall  be
deemed  satisfied  in the case of a property submitted to the provisions
of  this  article  by  registration  of  the  board  of  managers,  such
registration  to include the name of each unit owner and the designation
of his or her unit; each unit  owner  shall  be  deemed  the  person  in
control of the unit owned by him or her, and the board of managers shall
be  deemed the person in control of the common elements, for purposes of
enforcement of any such law or code, provided, however, that  all  other
provisions  of  the  multiple  dwelling  law  or multiple residence law,
otherwise applicable, shall be in full force and  effect,  and  provided
further  that in a city with a population of one million or more persons
registration required by a housing maintenance code of such  city  shall
be  deemed  satisfied  in  the  case  of  a  property  submitted  to the
provisions of this article by registration  of  the  board  of  managers
which  need  not include the name of each unit owner and the designation
of his or her unit.
2. In the event the proceeds of a construction mortgage  were  applied
to  construction  of a unit of a condominium submitted to the provisions
of this article, or in the event that a unit submitted to the provisions
of this act was subject  to  a  blanket  mortgage  whose  proceeds  were
applied  exclusively  to  payment  of  the  construction  mortgage or to
capital expenditures or expenses for the development or operation of the
condominium, or to purchase of land or  buildings  for  the  condominium
provided  that  such  purchase  was  no more than two years prior to the
recording of the declaration of condominium, and  a  mortgage  recording
tax was duly paid on such construction or blanket mortgage in accordance
with  article  eleven  of  the  tax  law,  then,  as  each unit is first
conveyed, there shall be allowed a credit against the mortgage recording
taxes (except the special additional mortgage recording tax  imposed  by
subdivision  one-a  of  section  two hundred fifty-three of the tax law)
that would otherwise be payable  on  a  purchase  money  mortgage,  said
credit to be in the amount resulting from the product of the purchaser's
pro  rata percentage of interest in the common elements and the mortgage
tax already paid on the construction or blanket  mortgage.    No  credit
shall  be  allowed  under this subdivision (a) on account of the special
additional mortgage  recording  tax  imposed  by  subdivision  one-a  of
section  two  hundred  fifty-three of the tax law or (b) where the first
condominium unit is sold more than two years after the  construction  or
blanket mortgage was recorded.
3.  Unless  specifically  exempted by a provision of this article, all
property subject to the provisions of this article shall continue to  be
subject  to all laws, rules and resolutions adopted by any county, city,
town or village for the health, safety and welfare of its inhabitants or
for regulation of the use of real property. Every county, city, town and
village shall continue to have all enforcement powers  created  by  such
laws,  rules or resolutions or the enabling acts of such laws, rules and
resolutions and  may  exercise  those  enforcement  powers  against  any
violation involving property subject to the provisions of this article.
4. Any estimate of tax liability required by any rule adopted pursuant
to  this  article  shall  not be binding upon any municipality or public
official and any document containing such an estimate  shall  contain  a
notice to that effect.
§  339-ff.  Mortgage investments on units by state agencies, insurers,
banking organizations and fiduciaries; limitation  to  first  mortgages.
(a)  The  following  persons:  (1) public officers, bodies of the state,
municipalities,  and  municipal  subdivisions,  (2)  persons  doing   an
insurance  business  (as defined by section one thousand one hundred one
of the insurance law), (3) banking organizations (as defined by  section
two  of  the  banking law), and (4) executors, administrators, trustees,
guardians and other fiduciaries, are  authorized  to  invest  in  bonds,
notes and evidences of indebtedness which are secured by first mortgages
or  deeds  of  trust  upon  units  and the appurtenant common interests,
wherever such persons may invest, and subject to all of  the  rules  and
limitations applicable to such investment, in bonds, notes and evidences
of  indebtedness  which are secured by first mortgages or deeds of trust
upon real estate. Where the applicable limitations  are  dependent  upon
the  type  of  use  of  the  real  estate,  only  the type of use of the
particular  unit  or  units  which  constitute  the  security  for  such
investment  shall  be  taken  into consideration for the purpose of such
limitations. The existence of any prior lien for taxes,  assessments  or
other  similar  charges  not  yet  delinquent  shall  be  disregarded in
determining whether a mortgage or deed of trust is a first  mortgage  or
deed of trust.
(b) No person enumerated in subdivision (a) of this section may invest
in  bonds,  notes  or  evidences of indebtedness secured by mortgages or
deeds of trust upon units and the appurtenant  common  interests,  which
are   other   than   first   mortgages  or  deeds  of  trust  thereupon,
notwithstanding any other provision  of  law  (including  section  three
hundred thirty-nine-g of this chapter).
(c)  Notwithstanding  subdivisions  (a) and (b), banking organizations
are authorized, subject to the rules and limitations applicable  thereto
contained   in   subdivision   four-a  of  section  one  hundred  three,
subdivision six-a of section two hundred thirty-five, subdivision four-a
of section three hundred eighty and subdivision eight  of  section  four
hundred  fifty-six  of the banking law, and the New York job development
authority is authorized to invest  in  bonds,  notes  and  evidences  of
indebtedness  which  are secured by mortgages other than first mortgages
upon units and the appurtenant common interests, provided such mortgages
are in compliance with title  eight  of  article  eight  of  the  public
authorities law.
(d)  Notwithstanding subdivisions (a) and (b) of this section, the New
York state urban development corporation  is  authorized  to  invest  in
bonds,  notes  and  evidences  of  indebtedness  which  are  secured  by
mortgages other than first mortgages  upon  units  and  the  appurtenant
common  interests,  provided  that (i) such units are owned or are to be
acquired by a corporation as defined in subparagraph five  of  paragraph
(a) of section one hundred two of the not-for-profit corporation law and
are  to  be  used  for  commercial  purposes,  and  such corporation has
executed a loan authorization agreement with the New  York  state  urban
development  corporation  on  or before June thirtieth, nineteen hundred
eighty-eight or (ii) such units are developed as a part of a project  of
the  New York state urban development corporation that received specific
authorization in chapter  eight  hundred  thirty-nine  of  the  laws  of
nineteen   hundred   eighty-seven;   and   further  provided  that  such
investments and subordinate mortgages are in compliance with chapter one
hundred seventy-four of the laws of  nineteen  hundred  sixty-eight,  as
subsequently amended.
(e)  Notwithstanding subdivisions (a) and (b) of this section, the New
York city housing development corporation and a city having a population
of one million or more are authorized to invest  in  bonds,  notes,  and
evidences  of  indebtedness  which  are  secured by mortgages other than
first mortgages upon dwelling units and the appurtenant common interests
provided that such investment is  made  in  connection  with  a  project
undertaken  pursuant  to  the private housing finance law or the general
municipal law.
(f) Notwithstanding subdivisions (a) and  (b)  of  this  section,  the
division  of  housing  and  community renewal and the housing trust fund
corporation, their successors and assigns, are authorized to  invest  in
bonds,  notes,  and  evidences  of  indebtedness  which  are  secured by
mortgages other  than  first  mortgages  upon  dwelling  units  and  the
appurtenant  common  interests  provided that such investment is made in
connection with a project undertaken pursuant  to  the  private  housing
finance law.
§  339-gg.  Severability.  If  any  provision  of  this article or any
section, sentence, clause, phrase or word, or the application thereof in
any circumstance is held invalid, the validity of the remainder  of  the
article and of the application of any such provision, section, sentence,
clause,  phrase or word in any other circumstances shall not be affected
§  339-hh. Reservation of power. The legislature reserves the right to
alter, amend, suspend or repeal in whole or in part  this  article.  Any
such  change  in  this  article  shall  be effective notwithstanding any
provisions of any declaration or by-laws.
§  339-ii.  Construction. This article shall be liberally construed to
effect the purposes thereof.
§  339-jj. Borrowing by board of managers. 1. To the extent authorized
by the declaration or the by-laws, the board of managers, on  behalf  of
the unit owners, may incur debt. In addition, subject to any limitations
set  forth  in the declaration or the by-laws, the board of managers, on
behalf of the unit owners, may  incur  debt  for  any  of  the  purposes
enumerated  in paragraph (b) of subdivision two of section three hundred
thirty-nine-v of this article, provided that (a) such debt  is  incurred
no  earlier than the fifth anniversary of the first conveyance of a unit
and (b) the incurrence of such debt  shall  require  the  consent  of  a
majority in common interest of the unit owners.
2. In connection with a debt incurred by it, the board of managers, on
behalf  of  the unit owners, may (a) assign the rights in and to receive
future income and common charges, (b) create  a  security  interest  in,
assign,  pledge,  mortgage  or otherwise encumber funds or other real or
personal property that it holds, (c) agree that, to the  extent  of  any
amounts  due  under  any of the provisions of the agreements under which
the debt was incurred and subject to the provisions of  subdivision  two
of  section  three  hundred  thirty-nine-l  of  this article, all common
charges received and to be received by it, and the right to receive such
funds, shall constitute trust funds for the purpose of paying such  debt
and  the  same  shall  be expended for such purpose before expending any
part of the same for any other  purpose,  and  (d)  agree  that  at  the
lender's  direction  it  will  increase  common  charges  to  the extent
necessary to pay any amount when due under any of the provisions of  the
agreements  under  which  the  debt was incurred. The preceding sentence
shall not be construed to authorize the board of managers  to  create  a
lien  on  the  common elements. Any such assignment may provide that, in
the event of a default, the lender shall have the right of the board  of
managers  to  file liens in the lender's name on units for unpaid common
charges pursuant to  sections  three  hundred  thirty-nine-z  and  three
hundred  thirty-nine-aa  of this article and the right to foreclose such
liens pursuant to section three hundred thirty-nine-aa of this article.
3. Nothing in this section shall impair rights under any loan or other
agreement existing prior to the effective date of this section or  limit
any right or power that a board of managers would otherwise have.
§  339-kk. Rents. (a) For the purposes of this section, non-occupying
owner shall mean a unit owner in a condominium association who does not
occupy the dwelling unit.
(b) If a non-occupying owner rents  any  dwelling  unit  to  a  rental
tenant  and  then  fails  to  make  payments  due  for  common  charges,
assessments or late  fees  for  such  unit  within  sixty  days  of  the
expiration  of  any  grace  period  after  they  are due, upon notice in
accordance with subdivision (c) of this  section,  all  rental  payments
from   the   tenant   shall  be  directly  payable  to  the  condominium
association.
(c) If the common charges, assessments or late fees due for  any  unit
have  not  been  paid in full, within sixty days after the expiration of
any grace period of the earliest due date, the board of  managers  shall
provide  written  notice  to  the  tenant  and  the  non-occupying owner
providing that, commencing  immediately  and  until  such  time  as  all
payments  for common charges, assessments or late fees are made current,
all rental payments due subsequent to the issuance of such notice are to
be made payable to the condominium association at the address listed  on
the  notice.  Where a majority of the board of managers has been elected
by and from among the unit owners who are in occupancy,  the  board  may
elect  not  to  require  that  rental  payments  be  made payable to the
condominium association. At such time as payments  for  common  charges,
assessments  and  late  fees from the non-occupying owner are once again
current, notice of such fact shall be given within three  business  days
to  the  rental  tenant  and  non-occupying owner. Thereafter all rental
payments  shall  be  made  payable  to  the  non-occupying  owner  or  a
designated  agent.  A non-occupying owner who disputes the association's
claim to rental payments pursuant to this section shall be  entitled  to
present  facts  supporting  such  owner's position at the next scheduled
meeting of the board of managers, which must be held within thirty  days
of  the  date  that  such board receives notice that such owner seeks to
dispute such claim.
(d) Nothing in this section shall limit any rights of unit  owners  or
of the board of managers existing under any other law or agreement.
(e)  Payment by a rental tenant to the condominium association made in
connection with this section shall relieve that rental tenant  from  the
obligation  to  pay such rent to the non-occupying owner and shall be an
absolute  defense  in  any  non-payment  proceeding  commenced  by  such
non-occupying owner against such tenant for such rent.
§  339-ll.  Electric vehicle charging station installation. 1. As used
in this section:
(a)  Reasonable  restrictions  means  restrictions   that   do   not
significantly increase the cost of the station or significantly decrease
its efficiency or specified performance.
(b)  Electric vehicle charging station means a station that delivers
electricity from a source outside an electric vehicle into one  or  more
electric  vehicles.  An  electric  vehicle  charging station may include
several  charge  points  simultaneously  connecting   several   electric
vehicles  to  the station and any related equipment needed to facilitate
charging plug-in electric vehicles.
2. (a) Any covenant, restriction, or condition contained in any  deed,
contract,   security  instrument,  or  other  instrument  affecting  the
transfer or sale of any interest in the property, and any by-laws,  that
either  effectively prohibits or unreasonably restricts the installation
or use of an electric vehicle charging station within an owner's unit or
in a designated parking space, including, but not limited to,  a  deeded
parking  space,  a  parking  space  in  an  owner's exclusive use common
element, or a parking space that is specifically designated for use by a
particular owner, or is in conflict with the provisions of this  section
shall be void and unenforceable.
(b)  This  section  shall  not apply to by-laws that impose reasonable
restrictions on electric vehicle charging stations. However, it  is  the
policy  of  the state to promote, encourage, and remove obstacles to the
use of electric vehicle charging stations.
(c) An electric vehicle charging station  shall  meet  all  applicable
health  and  safety  standards  and requirements imposed by law, rule or
(d) If approval is required for the installation or use of an electric
vehicle charging station the application for approval shall be processed
and  approved  by  the  association  in  a  manner  prescribed  by   the
association  and shall not be willfully avoided or delayed. The approval
or denial of an application shall be in writing. If  an  application  is
not  denied in writing within sixty days from the date of receipt of the
application, the application shall be deemed approved, unless that delay
is the result of a reasonable request for additional information.
(e) If the electric vehicle charging station is to be  placed  in  the
common  elements or in an exclusive use common element, as designated in
the common interest declaration, the following provisions shall apply:
(i) The owner first shall obtain  approval  from  the  association  to
install  the electric vehicle charging station and the association shall
approve the installation if the owner agrees in writing to do all of the
(A) comply with the  association's  architectural  standards  for  the
installation of the charging station;
(B) engage a licensed contractor to install the charging station;
(C)  within  fourteen  days  of  approval,  provide  a  certificate of
insurance that names the association as an additional insured under  the
owner's   insurance  policy  pursuant  to  subparagraph  (iii)  of  this
paragraph; and
(D) pay for both the costs associated with the installation of and the
electricity usage associated with the charging station.
(ii) The owner and each successive owner of the charging station shall
be responsible for all of the following:
(A) costs  for  damage  to  the  charging  station,  common  elements,
exclusive  use  common  elements,  or  separate units resulting from the
installation,  maintenance,  repair,  removal,  or  replacement  of  the
charging station;
(B) costs for the maintenance, repair, and replacement of the charging
station  until it has been removed and for the restoration of the common
elements after removal;
(C) the cost of electricity associated with the charging station; and
(D)  disclosing  to  prospective  buyers the existence of any charging
station of the owner and the related responsibilities of the owner under
(iii) The owner of the charging  station,  whether  located  within  a
separate  unit  or  within  the  common elements or exclusive use common
elements, shall, at all times, maintain a liability coverage policy. The
owner that submitted the application to  install  the  charging  station
shall  provide  the  association  with  the corresponding certificate of
insurance within fourteen days of  approval  of  the  application.  That
owner  and  each  successor owner shall provide the association with the
certificate of insurance annually thereafter.
(iv) A homeowner shall  not  be  required  to  maintain  a  homeowners
liability   coverage   policy   for   an  existing  national  electrical
manufacturers association standard alternating current power plug.
(f)  Except  as  provided  in  paragraph  (g)  of  this   subdivision,
installation  of  an electric vehicle charging station for the exclusive
use of an owner in a common element, that is not an exclusive use common
element, shall be authorized by the association only if installation  in
the  owner's  designated  parking  space  is  impossible or unreasonably
expensive. In such cases, the association shall  enter  into  a  license