reglab/statecodes huggingface dataset:
2023 New York Laws › RPP - Real Property › Article 9-A - Subdivided Lands › 339 - Filing Fees.

§ 339. Filing fees. Each filing made pursuant to section three hundred
  thirty-seven-a  of  subdivided  lands  situated outside the state of New
  York shall be accompanied by a filing fee of seven hundred fifty dollars
  plus an additional fee of ten dollars for each  lot  to  be  offered  in
  excess of seventy-five lots.
2023 New York Laws › RPP - Real Property › Article 9-A - Subdivided Lands › 339-B - Powers of Department.

§  339-b.  Powers  of  department.  The  department  of state may also
  require such other data and information as it may deem relevant and  may
  make  such  special  and  independent  investigations  as  it  may  deem
  necessary in connection with the administration  of  this  article.  The
  department of state by its examiner or other officer designated by it is
  empowered  to  subpoena witnesses, compel their attendance, examine them
  under oath before him or a magistrate, a court of record or a  judge  or
  justice  thereof and require the production of any books or papers which
  he deems relevant or material to the inquiry. Such power of subpoena and
  examination shall not abate or terminate by  reason  of  any  action  or
  proceeding  brought  by  the department of state under this article. The
  provisions for payment of witness fee and/or mileage do not apply to any
  officer, director or person in the employ of  any  person,  partnership,
  corporation,  company,  trust  or association whose conduct or practices
  are being investigated. A subpoena issued under this  section  shall  be
  regulated  by  the  civil  practice law and rules and, in addition, if a
  person subpoenaed to attend such inquiry fails to obey the command of  a
  subpoena  without  reasonable  cause,  or if a person in attendance upon
  such inquiry shall without reasonable cause refuse to be sworn or to  be
  examined  or  to  answer  a  question or to produce a book or paper when
  ordered so to do by the officer conducting such inquiry, or if a person,
  partnership, corporation, company, trust or association fails to perform
  any act required hereunder to be performed, he  shall  be  guilty  of  a
  misdemeanor.    It  shall  be  the  duty  of  all public officers, their
  deputies, assistants, subordinates, clerks or employees  and  all  other
  persons  to  render and furnish to the department of state, its examiner
  or  other  designated  officer  when  requested  all   information   and
  assistance  in  their  possession  or  within  their  power. Any officer
  participating in such inquiry who shall disclose  to  any  person  other
  than  the  secretary  of  state  the name of any witness examined or any
  other information obtained upon such inquiry except as directed  by  the
  secretary of state shall be guilty of a misdemeanor.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-F - Application of Article.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-J - Compliance With By-Laws and Rules and Regulations.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-K - Certain Work Prohibited.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-L - Liens Against Common Elements; Liens Against Units; Liens for Labor Performed or Materials Furnished.

§ 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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-M - Common Profits and Expenses.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-O - Contents of Deeds and Leases of Units.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-P - Copy of Floor Plans to Be Filed.

§  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
  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
  thereby.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-Q - Filing With Board.

§  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
  interest.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-R - Blanket Mortgages and Other Blanket Liens Affecting a Unit at Time of First Conveyance.

§ 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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-S - Recording.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-T - Withdrawal From Provisions of This Article.

§  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
  article.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-U - By-Laws.

§  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
  recorded.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-W - Books of Receipts and Expenditures; Availability for Examination.

§   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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-X - Waiver of Use of Common Elements; Abandonment of Unit; Conveyance to Board of Managers.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-Z - Lien for Common Charges; Priority; Exoneration of Grantor and Grantee.

§ 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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-BB - Insurance.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-CC - Repair or Reconstruction.

§ 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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-DD - Actions.

§ 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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-GG - Severability.

§  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
  thereby.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-HH - Reservation of Power.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-JJ - Borrowing by Board of Managers.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-KK - Rents.

§  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.
2023 New York Laws › RPP - Real Property › Article 9-C - Solar Rights Act › 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
section:
(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.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 370 - Petition to Register Title to Real Property.

§  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.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 372 - County Clerks and Registers to Be Registrars of Title.

§  372. County clerks and registers to be registrars of title.  County
  clerks in the several counties of the state, except  the  counties  that
  may  have  registers,  and  in the latter counties the registers of said
  counties shall be "registrars" of titles in their  respective  counties.
  All  laws  relative to registers, county clerks and their deputies shall
  extend to registrars and their deputies, so  far  as  the  same  may  be
  applicable,  except as in this article otherwise provided. Registrars of
  titles shall be county officers, within the meaning of the laws of  this
  state.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 373 - Registrar's Bond.

§  373.  Registrar's  bond.  Every registrar, before entering upon his
  duties as registrar, shall give a bond with sufficient security,  to  be
  approved by a justice of the supreme court, payable to the people of the
  state  of  New  York,  in  a  penal sum the same as that for his bond as
  register or county clerk or in a sum which may be fixed  by  the  county
  board  of  supervisors,  conditioned  for  the faithful discharge of his
  duties, and to deliver up all papers, books, records and other  property
  belonging  to  the  county or appertaining to his office as registrar of
  titles, whole, safe and undefaced, when  lawfully  required  so  to  do,
  which bond shall be filed in the office of the secretary of state.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 374 - Deputy Registrars' Powers and Duties.

§  374.  Deputy registrars' powers and duties. In any county where the
  business under this article so warrants, the  registrar  may  appoint  a
  chief deputy and as many other deputies as are needed. But no one unless
  he  is  also a deputy register or an assistant deputy register appointed
  under statutory authority, or a deputy county clerk, shall be  appointed
  as such deputy registrar unless he has qualified as an official examiner
  of  title  as  described  and  required  by  section  three  hundred and
  seventy-seven of this chapter.
Deputies may perform any and all duties of the registrar in  the  name
  of  the registrar, and the acts of such deputies shall be held to be the
  acts of the registrar, and in case of the death of the registrar, or his
  removal from office, the chief deputy shall thereupon become the  acting
  registrar  until  such  vacancy shall be filled according to law, and he
  shall file a like bond and be vested with the same powers and subject to
  the same responsibilities and entitled to the same  compensation  as  in
  the case of the registrar.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 375 - Compensation of Registrars and Deputy Registrars, Official Examiners of Title, and Registration Clerks.

§  375.  Compensation  of  registrars  and deputy registrars, official
  examiners of title, and registration clerks.  Where  county  clerks  and
  registers   are   salaried  officials,  the  local  authorities  (county
  officials who provide for county expense, in the city of New  York,  the
  mayor)  shall  fix their additional compensation as registrars, also the
  compensation of deputy registrars,  official  examiners  of  title,  the
  clerks, et cetera, needed to carry on the work under this article. Where
  a county clerk or a register is compensated directly by the fees paid to
  himself,  his deputies and assistants, the fees paid to him as registrar
  shall take the usual course and be used to compensate deputies, official
  examiners of title, clerks, et cetera, at such rates  as  the  registrar
  may fix, the remainder to belong to him.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 376 - Disposition of Fees Received by Registrar.

§ 376. Disposition of fees received by registrar. All fees received by
  the  registrar, for the performance of the duties devolving upon him and
  upon the official examiners of title pursuant to this article, shall  be
  disposed  of  in  the  same manner as are fees paid to county clerks and
  registers, except as otherwise provided for in this article. It shall be
  the duty of the local authorities who provide for  county  expenses,  to
  provide  such  accommodations,  help, safes, books, papers, and for such
  other expenses as may properly be  required  by  the  registrar  in  the
  conduct of his office.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 378 - What Owners May Apply; What Titles May Be Registered.

§ 378. What owners may apply; what titles may be registered.  Petition
  for registration of title may be made by the following persons:
First. The person or persons who claim, singly or collectively, to own
  in  fee  simple  the  legal  estate in land, or in some right in or over
  land, and who hold and possess such land or such right.
Second. The person or persons who claim, singly  or  collectively,  to
  own  a  contract  for  the purchase in fee simple of the legal estate in
  land, or in some  right  in  or  over  land,  from  the  owner  thereof.
  Registration  in  the  name  of  the holder of the contract shall not be
  made, except on the production of a proper transfer of title  under  and
  pursuant to the contract from a transferor in possession, or the consent
  in  writing, duly acknowledged, of the proposed vendor in possession and
  named in the contract and his wife, if he be married. Such  transfer  or
  consent   may  be  made  after  the  commencement  of  the  registration
  proceeding.
Third. The person or persons who claim singly or collectively, to have
  the power of appointing or disposing in fee simple of the  legal  estate
  in land, or in some right in or over land.
No  title to a mortgage, lien, trust, charge or estate less than a fee
  simple shall be registered, unless the title to the legal estate in  fee
  simple in the same property is first registered.
When  the petition is made by the holder of a contract to purchase, it
  shall refer to the ownership of the proposed vendor, and to the contract
  of purchase and sale.
It shall not be an objection to  bringing  real  property  under  this
  article  that the estate or interest of the petitioner is subject to any
  outstanding lesser estate, mortgage, trust, charge,  or  other  lien  or
  right.  But  any  such  lesser estate, mortgage, trust, charge, or other
  lien or right shall be duly noted  on  the  certificate  of  title  when
  issued.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 381 - Survey, Map or Plan to Be Filed.

§  381. Survey, map or plan to be filed. There shall be filed with the
  registrar a survey, map or plan of the land the title to which is sought
  to be registered, which shall be made by a competent surveyor and  shall
  be  subject  to  the approval of the court, and which shall clearly show
  the exact boundaries of the land and its connection with adjacent  lands
  and  any adjoining or neighboring streets and avenues, and the distances
  from  such  adjoining  or  neighboring  streets  or  avenues,  and   all
  encroachments,  if  any,  and all other facts which are usually shown by
  accurate surveys. If any adjacent land is already registered, the survey
  must properly connect and harmonize with the survey of  such  previously
  registered  land.  There  shall be attached to such survey, map or plan,
  and filed with it, an affidavit of the surveyor by  whom  it  was  made,
  that  it  was  made by him personally or under his immediate supervision
  and direction; that it  is  a  survey,  map  or  plan  of  the  property
  described  in  the  petition or the official examiner's report of title,
  and that according to the best of his knowledge and belief said property
  is included in the boundaries shown on such survey, map or plan, without
  any encroachments or improper erections, except as  follows:    (stating
  and  describing  any  encroachments  or improper locations of buildings,
  fences or other structures). After  the  original  registration  of  any
  parcel  of  land,  a  new  survey,  map  or  plan  of the same showing a
  subdivision thereof into lots may be  filed  with  the  registrar  after
  compliance  with the provisions of section three hundred thirty-four and
  section three hundred thirty-five of the real property law, as  amended,
  and  chapter  six  hundred  twenty  of  the  laws  of  nineteen  hundred
  twenty-six. The filing of such a new survey, map or plan  shall  outline
  the  registered portion of the property, shall be noted as a memorial on
  the certificate of title to which it relates, and thereafter the land or
  any interest therein shall be transferred or encumbered by reference  to
  it;  in  the event that the old description is used, reference must also
  be made to the new map.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 382 - Notice of Petition and of Pendency of Proceeding.

§  382.  Notice of petition and of pendency of proceeding. At the time
  when the petition for registration of  the  title  of  any  property  is
  filed,  the  petitioner shall also cause to be filed a notice thereof in
  the offices of the county clerk and of  the  registrar  of  each  county
  where  the property is situated, which notice shall be made and filed in
  the manner prescribed for a notice of pendency of a  civil  action,  and
  shall  be  indexed  against  the  names  of the petitioner and all known
  adverse parties or claimants except the owners of  abutting  properties,
  and  shall  constitute notice of the pendency of the petition and of the
  proceeding, and shall be governed in all respects by the same rules as a
  notice of pendency of a civil action, except, that, if the  petition  be
  dismissed,  or  the  proceeding  discontinued,  or in any way terminated
  other  than  by  the  registration  of  the  title,  no  order  for  the
  cancellation  of such notice shall be made by the court until it is duly
  and fully proved to the  court  that  the  provisions  of  section  four
  hundred  and  ten  of  this  chapter  have  been fully complied with and
  performed.  The  notice  of  pendency  of  proceeding  filed  with   the
  registrar,  as  provided  in  this  section  shall  also be noted on the
  "tickler certificate book" as  a  petition  and  said  notice  shall  be
  treated  as,  and  take  the place of the petition in all cases in which
  this act requires the registrar to deal with the petition, and shall  be
  given  a  petition  number,  beginning  with  number  one  for the first
  petition filed and so on in numerical order, and also a  serial  number.
  In  any place, however, where there is a block or lot system of indexing
  in use, the said notice shall be indexed according to such system.
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 386 - Form of Notice to Parties.

§  386.  Form  of  notice to parties. The notice to be served upon the
  parties  to  the  proceeding  required  by  section  three  hundred  and
  eighty-five  shall be issued by the order of court and subscribed by the
  registrar, and shall be in form substantially as follows:
REGISTRATION OF LAND TITLE.
Supreme Court ............ County.
In the matter of the petition of (here insert name, place of residence
  with street number if any, and post-office  address  of  petitioner)  to
  register  the  title  to certain lands described as follows (here insert
  description of land).
To (here insert the names of all other parties to the proceeding).
To all whom it may concern:
Pursuant to the order of the Hon. ........ made herein,  take  notice,
  that  at ........ in said county of ............. on the ........ day of
  .........., nineteen hundred and ........., at ........ o'clock  in  the
  forenoon  the  petition  above  mentioned  will  be heard and unless you
  appear at said time and place and show cause why such petition shall not
  be granted, your default will be noted and  a  decree  will  be  entered
  according  to  the prayer of the petition and you will be forever barred
  from contesting said petition or any decree entered thereon.
Witness Hon. .............., Justice of said  court,  this  ..........
  day  of  ............,  in  the  year nineteen hundred and ............,
  Registrar of the county of ..............