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REQUIREMENTS TO SELL AN APARTMENT AT THE HAYDEN-ON THE HUDSON
CONDOMINIUM 4455/4465 Douglas Avenue, Riverdale, New York
Thank you for your inquiry regarding the sale of an apartment at the Hayden on Hudson Condominium.
Below is a list of the documentation and fees which must be submitted in order to initiate the application
process.
One (1) Set:
1. Notice of Intention to Sell Condominium Unit, (enclosed)
2. Application for Waiver of Right of First Refusal, to be completed by the Seller (enclosed).
3. Purchaser Information Form, (enclosed).
4. Tenant Data Form (enclosed for credit check) – See fees below
5. Facility/Service Applications (includes information regarding Gym, Building Link, Parking, & Storage
Bins)
6. A copy of the signed Contract of Sale
7. Building Insurance requirements (enclosed).
8. Move-in/Move-out Form and Rules Regarding Moves (enclosed)
9. Window Guard Form, to be completed by Purchaser, (enclosed).
10. Acknowledgement/Receipt of By-Laws and House Rules (enclosed). Copy of same enclosed for
informational purposes.
11. Fire Safety Plan (enclosed) for information purposes.
12. Local Law 1 Lead Forms (enclosed)
13. Lead Based Paint Disclosure Forms (enclosed):
A. The disclosure documents must be completed in their entirety and submitted for review with the
Board Package. The Board Package will not be sent to the Board of Directors for review
unless the Lead Based Paint Disclosure documents are included. NO EXCEPTIONS will be
made. Enclose is a summary of the Lead Based Paint Disclosure information
Please note: No sale of a unit may go into effect unless and until:
(A) Please be advised that the Board of Managers has a period of ten (10) days from the day the Board
received the application to exercise their “Right of First Refusal.” The credit report agency takes
approximately five (5) to seven (7) business days to process the credit report. Please take this into
consideration when determining the closing date.
(B) No application will be considered if Unit Owner’s Account is in arrears including all common
charges, assessments and all other charges due and must be paid up to date before the
documents go to the Board for review. There will be no exceptions made.
(C) A waiver of the Right of First Refusal is issued on behalf of the Board of Managers.
(D) All incomplete applications will be returned by regular mail and will cause delay in processing the
application.
Move-ins and move-out are not permitted after 5:00 PM, or weekends, or holidays. In addition move-ins
and move-outs should be scheduled at least one week in advance by calling the building’s superintendent
at (718) 884-1234.
FEES FOR OWNER: ALL CHECKS MUST BE SEPARATE CERTIFIED, ATTORNEY’S
ESCROW CHECKS OR BANK CHECKS OR MONEY ORDERS.
1. Processing Application Fee: Check payable to Stillman Management, Inc., in the amount of
$600.00 with a broker and $650.00 without a broker non-refundable (must be submitted with
Board package).
2. A check in the amount of $500.00 made payable to Hayden on Hudson Condominium must be
submitted with this package. This represents a Move-out Deposits which will be refunded
provided that no damage is done to the common areas of the building and other regulations are
adhered to.
3. A check in the amount of $100.00 made payable to Hayden on the Hudson Condominium, this
represents the Move-out fee. This fee is non-refundable and must also be submitted with this
package.
4. A check in the amount of $75.00 non-refundable made payable to Stillman Management, Inc.,
which represents the Lead Based Paint Disclosure fee. This fee must also be submitted with this
package.
FEES FOR PURCHASER:
ALL CHECKS MUST BE SEPARATE CERTIFIED, ATTORNEY’S ESCROW CHECKS OR BANK
CHECKS OR MONEY ORDERS.
1. A check in the amount of $500.00 made payable to Hayden on the Hudson Condominium must
be submitted with this package. This represents a Move-in Deposit which will be refunded
provided that no damage is done to the common areas of the building and other regulations are
adhered to.
2. A check in the amount of $100.00 made payable to Hayden on the Hudson Condominium, this
represents the Move-in fee. This fee is non-refundable and must also be submitted with this
package.
3. A check in the amount of $100.00 per applicant made payable to Stillman Management, Inc.
which represents the credit report fee for Tenant Data. This fee must be submitted with package
(non-refundable).
Send the completed package and appropriate copies to the attention of:
HAYDEN ON THE HUDSON CONDOMINIUM NOTICE OF INTENTION TO SELL
CONDIMINIUM UNIT
The undersigned, being the owner of Apartment No: ___________at______________________,
Riverdale, New York hereby notified the Board of Managers in care of Stillman Management, Inc.,
Managing Agent, that the undersigned has received a bona fide offer to SELL said apartment unit
from the below name prospective purchaser or lessee on the terms stated below, and that the
undersigned intends to accept such offer.
TERMS OF PROPOSED SALE: Attached is a true copy of the contract of sale or lease setting forth
all of the terms of agreement between the parties.
PURCHASE PRICE: $_____________ PROPOSED CLOSING DATE: ___________________ (if
sale)
ANTICIPATED OCCUPANCY DATE OF PURCHASER: __________________
ATTACHMENTS:
1 Original contract of sale setting forth all of the terms of the agreements between the parties.
2 Standard application form for purchase must be completely filled in and signed by the
prospective purchaser.
3 A check should accompany these papers representing the processing fee as indicated on the
requirements sheets of this package.
The undersigned represents that the sale described above shall be made strictly in accordance
with the provisions of the By-Laws of the Condominium and agrees to promptly deliver to the
Board of Managers all such further information with respect to the offer as the Board may
reasonably request.
The undersigned acknowledges that the Board has a 10-day period commencing with the date of
receipt of this notice as well as the delivery of such additional information concerning the offer as
the boar may reasonably request, to exercise its right of first refusal to purchase the apartment unit
on the terms specified herein and in the By-Laws. The undersigned hereby request that, if the Board
elects to waive or release such right of first refusal, it deliver to the undersigned a certificate to that
effect, pursuant to the provisions of the By-Laws.
Name of Owner(s): _____________________________________________________________
Signature of Owner(s): __________________________________________________________
Date: _______________________________
HAYDEN ON THE HUDSON CONDOMINIUM 4455/4465 DOUGLAS AVENUE, RIVERDALE,
NEW YORK APPLICATION FOR WAIVER OF RIGHT OF FIRST REFUSAL ON PROPOSED
CONDOMINIUM PURCHASE
(All Questions Must be Answered)
Riverdale, N.Y. 201___
CONDOMINIUM UNIT NO: __________
NAME OF
OWNER(S):_________________________________________________________________
ADDRESS OF OWNER(S):______________________________________________________
TELEPHONE NO: __________________________
PURCHASER(S):______________________________
_______________________________
SOCIAL SECURITY # _______________ SOCIAL SECURITY # ___________________
PURCHASER’S ADDRESS: ____________________________
______________________________
TELEPHONE NO: ____________________
PURCHASER’S/LESSEE’S BUSINESS ADDRESS:
_____________________________________________________________________________________
PURCHASER’S/LESSEE’S OCCUPATION: ________________________________________
TELEPHONE NO: ___________________ (In the case of an individual; in the case of a Corporation, a
detailed summary of the exact nature of the business)
APPROXIMATE DATE OF CLOSING: ____________________
PURCHASE PRICE: $ _______________________
SPECIAL CONDITIONS:
______________________________________________________________________________
NAMES OF ALL PERSONS WHO WILL RESIDE IN THE APARTMENT IF CHILDREN, STATE
NUMBER AND THEIR APPROXIMATE AGES:
______________________________________________________________________________
______________________________________________________________________________
DOES OCCUPANT WISH TO MAINTAIN ANY PETS? IF SO, PLEASE SPECIFY:
______________________________________________________________________________
______________________________________________________________________________
Page 2.
Hayden on the Hudson Condominium Application
IF PRESENT RESIDENCE IS RENTED OR IS A COOPERATIVE OR CONDOMINIUM,
STATE NAME, ADDRESS, AND TELEPHONE NUMBER OF CURRENT LANDLORD OR
AGENT:
______________________________________________________________________________
______________________________________________________________________________
LENGTH OF OCCUPANCY: ____________________________________________________________
IF PRIOR RESIDENCE WAS RENTED OR WAS A COOPERATIVE OR CONDOMINIUM, STATE
NAME, ADDRESS, AND TELEPHONE NUMBER OF PREVIOUS LANDLORD OR AGENT:
TELEPHONE NO: __________________________ LENGTH OF OCCUPANCY: _________________
Page 3: Hayden on the Hudson Application
REFERENCES Please list all banking references at which Applicant(s) maintain an account, indicating Applicant’s account number if applicable: BANK: _____________________________________________________________________________ ACCOUNT NUMBER: _____________________________ BANK: ______________________________________________________________________________ ACCOUNT NUMBER: _____________________________ CITIZENSHIP OF APPLICANT(S) OR PROPOSED OCCUPANT: _____________________________ NAME OF ADDRESS OF PERSON WHO IS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN ABSENCE OF APPLICANT: __________________________________________________________________________________________________________________________________________________________________________ ___________________________ ________________________________ Signature of Condominium Owner Name of Purchaser/Lessee Or Authorized Agent ________________________________ Signature of Purchaser/Lessee ___________________________ ________________________________ Signature of Condominium Owner Name of Purchaser/Lessee Or Authorized Agent ________________________________ Signature of Purchaser/Lessee FIRM NAME OF BROKER: _____________________________________________________________ NAME OF INDIVIDUAL BROKER: ______________________________________________________
CONFIDENTIAL INFORMATION SHEET
Stillman Management, Inc. 440 Mamaroneck Avenue S-512
Harrison, New York 10528 Telephone 914-813-1900 • Fax 914-813-1960
Forwarding Address and Contact Information of Seller(s):
Address:
Telephone #: home:
Name: work: cell:
Name: work: cell:
E-mail address:
All the above information is complete and accurate.
Seller Signature Date
Seller Signature Date
Please fill out and return it to Sales and Leasing Department, Stillman Management, Inc. at the above address or by fax at 914-813-1960
APPLICANT/LESSEE INFORMATION FORM Applicant’s Name: _____________________________________________________________________ Daytime Telephone: ____________________________________________________________________ Co-Applicant’s Name: __________________________________________________________________ Daytime Telephone: ____________________________________________________________________ Name all additional occupants of the apartment. If children please state their ages: __________________________________________________________________________________________________________________________________________________________________________ Names of all residents in the building known by applicant: __________________________________________________________________________________________________________________________________________________________________________ Does applicant wish to maintain any pets, if so, please specify: _____________________________________________________________________________________
APPLICANT’S VEHICLE(S): Vehicle #1: ______________________________ Make: __________________________________ Model: _________________________________ License Place #: __________________________ Vehicle #1: ______________________________ Make: __________________________________ Model: _________________________________ License Place #: __________________________
Please be advised that the Power of Attorney is included in this
application as a courtesy and it is also in the Offering Plan, you will
need to keep a copy for the closing.
Please provide the following information with your application in order to
send the information regarding the Right of First Refusal for closing:
Seller’s Attorney
Name: ___________________________________________
Phone Number: ____________________________________
Fax Number: ______________________________________
Email: ____________________________________________
Buyer’s Attorney
Name: ___________________________________________
Phone Number: ____________________________________
Fax Number: ______________________________________
Email: ____________________________________________
RESIDENTIAL UNIT POWER OF ATTORNEY
PREMISES:
SECTION:
BLOCK:
LOT:
COUNTY:
RECORD AND RETURN TO:
Stillman Management
440 Mamaroneck Avenue Suite S-512
Harrison, NY 10528
Attention: Rita Pita
HAYDEN ON THE HUDSON CONDOMINIUM 4455-65 DOUGLAS AVENUE, RIVERDALE, NY 10471
Dear Hayden Gym Users and Future Gym Users,
The attached Gym Application form has three (3) pages. Please note that the Agreement is not
complete unless signed and dated on all three pages by each Fitness Gym User. If you need
additional copies of the Agreement, please ask at the front desk.
Hayden residents can enjoy the gym for a flat rate of $30.00 per month per apartment, billed
monthly to the apartment owner only.
(Please note that the Board has ruled that all resident renters who join the gym will have their
gym charges billed directly to their respective homeowner. Therefore, it is up to the homeowner
to make arrangements to collect the fee from the resident renter, if that is what the homeowner
chooses to do.)
If a key fob is lost you must notify the property manager for a replacement. A key fob
replacement fee of $50.00 will be charged to the respective homeowner’s apartment.
We thank you for your cooperation.
Enjoy your workout!
Sincerely,
The Board of Managers
Hayden on the Hudson Condominium
Enclosure: Acknowledgement of Assumption of Risk Release and Indemnity Agreement
HAYDEN ON THE HUDSON CONDOMINIUM 4455-65 DOUGLAS AVENUE, RIVERDALE, NY 10471
ACKNOWLEDGEMENT OF ASSUMPTION OF RISK RELEASE AND INDEMNITY AGREEMENT:
I, the undersigned,
#1___________________________________#2_______________________________#3________________________________
(Print name(s) clearly)
Request the use of the Hayden on the Hudson Condominium Fitness Facility (the “Fitness Facility) for my recreation and for the
improvement of my own fitness and athletic skills, at my own risk and for my sole benefit.
I recognize that severe injuries can occur with respect to the use of the Fitness Facility and the activities conducted therein, and I
realize that those severe injuries can include, but are not limited to, muscle sprains and strains, back injuries, heart attacks and
strokes, permanent paralysis and even death. I realize that it is in my best interest to consult my doctor before engaging in any
physical training. I assume any and all risks of injury or death which may occur in the Fitness Facility as a result of using the
equipment located therein (the “Equipment”), or otherwise, or coincident thereto whether or not I am actually engaged in using
the equipment or participating in physical training at the time of injury. I am under no obligation to Hayden on the Hudson
Condominium to use the Fitness Facility. I am using the Fitness Facility at my own risk and for my sole benefit.
I further acknowledge that I will observe all the policies, rules and regulations with regard to the use of the Fitness Facility and
always use the Equipment in a safe and proper manner.
I understand that the Board of Managers of Hayden on the Hudson Condominium may change or add to the rules and regulations
of the Fitness Facility at their sole discretion.
In consideration of allowing me and members of my family to use the Fitness Facility, I hereby and forever release and
indemnify Hayden on the Hudson Condominium and its Officers, Managers, Employees, Owners, Managing Agents and Agents,
from all liability for any and all damages and injuries suffered by me and my family members in connection with the use of the
Fitness Facility or any violation of its rules and regulations.
I understand that I am required to read and abide by the instructional fitness instructions posted on the Equipment prior to my
using the Equipment.
I will always visually inspect any Equipment before using and immediately report any faulty or worn parts to the management
team.
I will promptly notify Management in writing of any accidents or injuries which occurred in the Fitness Facility.
I have been advised to always wear loose fitting clothes and rubber-soled gym shoes when exercising.
I have been advised never to attempt to free jammed or suspended weights by myself as weights may fall unexpectedly and cause
Injury.
I understand that this Fitness Facility has a “no guest” policy and I will strictly adhere to this policy.
I understand that usage is for members 18 years and older; however, members between the ages of 14 and 17 will only be
permitted to use the facility during specifically posted hours when accompanied and supervised by an adult member over 18
years old. I understand that children under the age of 14 are not permitted in the workout room under any circumstances.
I understand that violations of this policy may result in membership being revoked with no return of usage fee.
FITNESS FACILITY MEMBERSHIP AGREEMENT
I represent that I am 18 years of age or older. I understand I should always consult with a physician before starting any exercise
program. I represent myself as being I good physical condition and have no disability, impairment, or ailment preventing
participation in a fitness program or physical activity, nor have I been advised by any physician or health care provider to either
refrain from exercising or to limit it in any way.
I understand that the Fitness Facility is not supervised.
Page 1
HAYDEN ON THE HUDSON CONDOMINIUM 4455-65 DOUGLAS AVENUE, RIVERDALE, NY 10471
POLICIES, RULES AND REGULATIONS
1. DRESS CODE: Presentable and modest dress is required. Shirts must be worn at all times in the workout room.
Rubber-soled sneakers must be worn at all times; no leather soled or backless footwear allowed.
2. TOWEL: Bring a towel with you. Always wipe off the Equipment after use.
3. NO SMOKING OR EATING: There is no smoking, gum chewing, and no food or drink except water allowed in the
Fitness Facility.
4. AGE RESTRICTIONS: Children between the ages of 14 and 17 must be supervised by an adult member at all times
when in the Fitness Facility. No children under the age of 14 are allowed in the Fitness Facility at any time.
5. HOURS: The Fitness Facility is open from 5:00 AM until midnight every day. These hours are subject to change at the
discretion of the Board of Managers and the Fitness Facility may be closed by the Board of Managers for maintenance
or other reasons.
6. FEES: The fee is $30.00 per calendar month or any part of the month per apartment, which may be increased by the
Board of Managers, from time to time. The fee will be invoiced to the owner of the apartment (if you are a renter you
are responsible to the apartment owner for this fee). This fee includes all residents of that apartment over the age of 18,
plus children between the ages of 14 and 17 as outlined above under “Age Restrictions.” This fee includes one key fob
to the fitness room. Members are required to begin paying their annual fee upon the commencement of their
membership. This fee is non-refundable and non-transferable.
7. KEY FOBS: One key fob is issued with each paid membership. This key fob must be returned at the end of your
membership or a $50.00 fee will be charged to you. One additional key fob per apartment may be requested for a
refundable deposit of $50.00. Please indicate below if you desire a second key fob to the room.
8. LOSS: Hayden on the Hudson Condominium is NOT responsible for the loss of a member’s personal property.
9. DAMAGE/THEFT: Members shall be responsible for and reimburse the condominium for any and all damages to the
Fitness Facility; removal, of or damage to the Equipment; and theft of any Equipment caused by the member of their
immediate family.
10. GUEST POLICY: The Fitness Facility is for the use of authorized members only. There are no guests allowed at any
time. However, in the interests of a safe and healthful workout, approved personal trainers will be allowed on premises.
Personal trainers MUST submit the necessary papers (including registration forms and certificates of insurance) to the
Property Manager before they are permitted in the Fitness Facility. Please confirm with the management team that your
personal trainer has been approved by them before allowing the trainer into the work room.
11. PETS: No pets allowed in the Fitness Facility at any time.
12. TIME LIMITS: If other members are waiting for a piece of Equipment, please limit yourself to: 30 minutes for cardio
machines (treadmills, bicycles cross-trainer), 10 minutes at each strength station.
13. EQUIPMENT: Always turn off machines when you are finished with them. Machines cannot be reserved. You cannot
pre-sign-up for them. However, you can put your name on a waiting list for the cardio equipment while you are in the
workout room. Strength equipment should be left in a ready position for the next user. All Equipment should be wiped
off with a disinfectant wipe, which are available in the gym, when you are finished at the station.
Page 2
HAYDEN ON THE HUDSON CONDOMINIUM 4455-65 DOUGLAS AVENUE, RIVERDALE, NY 10471
14. ENTIRE THREE-PAGE AGREEMENT: This three-page contract constitutes the entire and exclusive agreement
between the parties. Any promises, representations, understanding and/or agreement pertaining directly to the
agreement that is not contained herein, is hereby waved. I have read this agreement, understand it, and I agree to all the
terms in their entirety.
I agree to be subject to the policies, rules and regulations as stated herein. The Board of Managers reserves the right to add,
alter, amend, or delete these rules at any time. If, in the opinion of the Board of Managers, and at its sole discretion, a member
violates any of the regulations and conditions of membership, or acts in any way that, in the opinion of the Board of Managers, is
detrimental to the Fitness Facility or to other members, that member’s right to use the facilities may be terminated and no part of
his/her membership will be refunded.
Each adult (over the age of 18) in the apartment who will be using the workout room must sign below:
#1___________________________________________________________________________ PRINT RESIDENT’S NAME APT RESIDENT’S SIGNATURE DATE
#2___________________________________________________________________________ PRINT RESIDENT’S NAME APT RESIDENT’S SIGNATURE DATE
#3___________________________________________________________________________ PRINT RESIDENT’S NAME APT RESIDENT’S SIGNATURE DATE
Please list each family member between the ages of 14 and 17 who will be using the Fitness Facility under an adult
member’s supervision, along with their date of birth (including year).
. ____________________________________________________________________________________________
PRINT MINOR’S NAME DAY/MONTH/YEAR OF BIRTH
._____________________________________________________________________________________________
PRINT MINOR’S NAME DAY/MONTH/YEAR OF BIRTH
._____________________________________________________________________________________________
PRINT MINOR’S NAME DAY/MONTH/YEAR OF BIRTH
ADDITIONAL KEY FOB: Sign below if you wish an additional key fob to be issued to you. You will be charged
an additional one-time fee of $50.00.
._____________________________________________________________________________________________
SIGNATURE FOR ADDITIONAL KEY FOB FOR FITNESS FACILITY
Please return both to the Property Manager, Stillman Management Inc., via the doorman.
Please allow 4-5 days to process your application
Thank you and enjoy the Fitness Facility room.
Property Manager:
Stillman Management Inc.
Ms. Julie Pineda
718-884-6469
Page 3
Revised 8/22/2012
TO: All Residents RE: Building Link We note that we are missing information for your unit within the Building Link system. Hayden on the Hudson Condominium utilizes Building Link to connect residents with management and the staff. Please provide the below information so that you enjoy the full benefits of Building Link. By having up-to-date and current information for your unit you can receive instant notifications of building events, deliveries and submit work orders for repairs to your home. Your information will only be used for Building Link communications and will not shared with anyone. FIRST AND LAST NAME________________________________________________ UNIT #______________ PHONE NUMBER_________________________________ EMAIL ADDRESS_________________________________ PLEASE RETURN THIS FORM TO THE DOORMAN Sincerely, Julie Pineda Julie Pineda On-Site Property Manager Stillman Management Inc. at Hayden on the Hudson Condominium [email protected]
UNIT OWNER / OCCUPANT’S PERSONAL INFORMATION
THE HAYDEN ON THE HUDSON CONDOMINIUM 4455/4465 DOUGLAS AVENUE
RIVERDALE, NY Re: Unit No: ________ Names of Occupants: ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Telephone of Occupants: Home: ____________________________________________________ Business: ____________________________________________________ Name of Non-occupants who require access: ____________________________________________________
____________________________________________________
____________________________________________________ Name of Unit Owner(s): ____________________________________________________ ____________________________________________________ Unit Owner’s Forwarding Address: ____________________________________________________ ____________________________________________________ Unit Owner’s Business Address: ____________________________________________________ ____________________________________________________ Unit Owner’s Daytime Telephone No: ____________________________________________________ Unit Owner’s Evening Telephone No: ____________________________________________________ Are Keys Available: Yes No Date of Occupancy: ____________________________________________________ Date of Last Change: ____________________________________________________ Person to Contact in Emergency: ____________________________________________________ ____________________________________________________ ____________________________________________________ Telephone: Home: ____________________________________________________
Business: ____________________________________________________
INSURANCE REQUIREMENTS
Information regarding Certificate of Insurance
LIABILITY/AUTOMOTIVE/UMBRELLA INSURANCE CERTIFICATES SHOULD BE
WRITTEN AS FOLLOWS:
Insured Holder Additional Insured:
Hayden on the Hudson Condominium 1) Hayden on the Hudson Condominium
c/o Stillman Management, Inc. Location: 4455-65, 4421-39 & 4471-87
440 Mamaroneck Ave Suite S-512 Douglas Avenue, Riverdale, 10471
Harrison, NY 10528 2) Stillman Management, Inc.
3) The Resident Owner and Unit Number
WORKER’S COMPENSATION CERTIFICATES SHOULD BE WRITTEN AS FOLLOWS:
Certificate Holder: Hayden on the Hudson Condominium
C/o Stillman Management, Inc.
440 Mamaroneck Avenue Suite S-512
Harrison, NY
Resident Owner Information
An original Certificate of Insurance must be presented prior to any work in the Building. Insurance Certificates form all contractors and subcontractors naming Hayden on the Hudson
Condominium and Stillman Management, Inc. as “additional insured” in minimum amounts of
$1,000,000 bodily injury and $1,000,000 property damage. You will undertake to indemnify the
Condominium its unit owners and occupants of all apartments, against any damage to persons or property
suffered as a result of your work, whether or not caused by negligence, and to indemnify and hold
harmless the Condominium, its managing agent, and all residents in the building, against any claims for
damage to persons or property resulting from the work begin undertaken, regardless of negligence.
HAYDEN ON THE HUDSON CONDOMINIUM MOVE-IN/MOVE-OUT FORM
Name: _______________________________________________________ Unit #: ______________ Move-in or Move-out? _________________________________ Date and time of move: __________________________________ Name of mover: __________________________________ I agree to abide by the attached rules regarding move-ins and move-outs at Hayden On The Hudson Condominium. ___________________________ _________________ Signature (Seller) Date ___________________________ __________________ Signature (Purchaser) Date -------------------------------------------------------------------------------------------- Received by: ________________________ Date: ________________________ Checks received: $500.00 deposit $100.00 Move-in/Move-out fee Approved: ___________________________________ Signature
DATE PREPARED: IN THE EVENT OF A FIRE, Call 911 OR The Fire Department Dispatcher, in
Or transmit an Alarm from the nearest FIRE ALARM BOX
#
FIRE SAFETY PLAN PART I - BUILDING INFORMATION SECTION
BUILDING ADDRESS: BUILDING OWNER/REPRESENTATIVE: Name: Douglas Elliman Property Management Address: 675 Third Avenue, New York, NY 10017 Telephone: (212) 370-9200 BUILDING INFORMATION: Year of Construction: Type of Construction: Number of Floors: Above Ground Below Ground Sprinkler System: Sprinkler System Coverage: Fire Alarm: Location of Manual Pull Stations: Public Address System: Location of Speakers:
Means of Egress: (e.g., Unenclosed/Enclosed Interior Stairs, Exterior Stairs, Fire Tower Stairs, Fire Escapes, Exits):
Type of Egress Identification Location Leads To:
Other Information:
FIRE SAFETY PLAN
PART II - FIRE EMERGENCY INFORMATION BUILDING ADDRESS: THIS FIRE SAFETY PLAN IS INTENDED TO HELP YOU AND THE MEMBERS OF YOUR HOUSEHOLD PROTECT YOURSELVES IN THE EVENT OF FIRE. FIRESAFETY PLAN CONTAINS:
Basic fire prevention and fire preparedness measures that will reduce the risk of fire and maximize your safety in the event of a fire.
Basic information about your building, including the type of construction, the different ways of
exiting the building, and the types of fire safety systems it may have.
Emergency fire safety and evacuation instructions in the event of fire in your building. PLEASE TAKE THE TIME TO READ THIS FIRE SAFETY PLAND AND TO DISCUSS IT WITH THE MEMBERS OF YOUR HOUSEHOLD. FIRE PREVENTION, PREPAREDNESS, AND AWARENESS CAN SAVE YOUR LIFE!
IN THE EVENT OF A FIRE
CALL 911
OR THE FIRE DEPARTMENT DISPATCHER, AT
Manhattan (212) 999-2222 Bronx (212) 999-3333 Brooklyn (718) 999-4444 Queens (718) 999-5555 Staten Island (718) 999-6666
OR TRANSMIT AN ALARM FROM THE NEAREST FIRE ALARM BOX
BASIC FIRE PREVENTION AND FIRE PREPAREDNESS MEASURES These are fire safety tips that everybody should follow: 1. Every apartment should be equipped with at least one smoke detector. Check them periodically to make sure
they work. Most smoke detectors can be tested by pressing the test button. Replace the batteries in the spring and fall when you move your clocks forward or back an hour, and whenever a smoke detector chirps to signal that its battery is low. The smoke detector should be replaced on a regular basis in accordance with the manufacturer’s recommendation, but at least once every ten years.
2. Carelessly handled or discarded cigarettes are the leading cause of fire deaths. Never smoke in bed or when
you are drowsy, and be especially careful when smoking on a sofa. Be sure that you completely extinguish every cigarette in an ashtray that is deep and won’t tip over. Never leave a lit or smoldering cigarette on furniture.
3. Matches and lighters can be deadly in the hands of children. Store them out of reach of children and teach
them about the danger of fire. 4. Do not leave cooking unattended. Keep stovetops clean and free of items that can catch on fire. Before you
go to bed, check your kitchen to ensure that your oven is off and any coffeepot or teapot is unplugged. 5. Never overload electrical outlets. Replace any electrical cord that is cracked or frayed. Never run extension
cords under rugs. Use only power strips with circuit breakers. 6. Keep all doorways and windows leading to fire escapes free of obstructions, and report to the owner any
obstructions or accumulations of rubbish in the hallways, stairwells, fire escapes or other means of egress. 7. Install window gates only if it is absolutely necessary for security reasons. Install only approved window
gates. Do not install window gates with key locks. A delay in finding or using the key could cost lives. Maintain the window gate’s opening device so it operates smoothly. Familiarize yourself and the members of your household with the operation of the window gate.
8. Familiarize yourself and members of your household with the location of all stairwells, fire escapes and other
means of egress. 9. With the members of your household, prepare an emergency escape route to use in the event of a fire in the
building. Choose a meeting place a safe distance from your building where you should all meet in case you get separated during a fire.
10. Exercise care in the use and placement of fresh cut decorative greens, such as Christmas trees and holiday
wreaths. If possible, keep them planted or in water. Do not place them in public hallways or where the might block egress from your apartment if they catch on fire. Keep them away from any flame, including fireplaces. Do not keep for extended period of time; as they dry, decorative greens become easily combustible.
BUILDING INFORMATION
Building Construction In a fire emergency, the decision to leave or to stay in your apartment will depend in part on the type of building you are in. Residential buildings built before 1968 are generally classified either as “fireproof” or “non-fireproof.” Residential buildings built in or after 1968 are generally classified either as “combustible” or “non-combustible.” The type of building construction generally depends on the size and height of the building. A “non-combustible” or fireproof building is a building whose structural components (the supporting elements of the building, such as steel or reinforced concrete beams and floors) are constructed of materials that do not burn or are resistant to the spread of the fire. In such buildings, fires are more likely to be contained in the apartment or in space in which they start and less likely to spread inside the building walls to other apartments and floors. THIS DOES NOT MEAN THAT THE BUILDING IS IMMUNE TO FIRE. While the structural components of the building may not catch fire, all of the contents of the building (including furniture, carpeting, wood floors, decorations and personal belongings) may catch on fire and generate flame, heat and large amounts of smoke, which can travel throughout the building, especially if apartment or stairwell doors are left open. A “combustible” or “non-fireproof” building has structural components (such as wood) that will burn if exposed to fire and can contribute to the spread of fire. In such buildings, the fire can spread inside the building walls to other apartments and floors, in addition to the flame, heat and smoke that can be generated by the burning of the contents of the building. Be sure to check Part I (Building Information Section) of this fire safety plan to see what type of building you are in. Means of Egress All residential buildings have at least one means of egress (way of exiting the building), and most have at least two. There are several different types of egress: Interior Stairs: All buildings have stairs leading to the street level. These stairs may be enclosed or unenclosed. Unenclosed stairwells (stairs that are not separated from the hallways by walls and doors) do not prevent the spread of flame, heat and smoke. Since flame, heat and smoke generally rise, unenclosed stairwells may not ensure safe egress in the event of a fire on a lower floor. Enclosed stairs are more likely to permit safe egress from the building, if the doors are kept closed. It is important to get familiar with the means of egress available in your building. Exterior Stairs: Some buildings provide access to the apartment by means of stairs and corridors that are outdoors. The fact that they are outdoors and do not trap heat and smoke enhances their safety in the event of a fire, provided that they are not obstructed. Fire Tower Stairs: These are generally enclosed stairwells in a “tower” separated from the building by airshafts open to the outside. The open airshafts allow heat and smoke to escape from the building. Fire Escapes: Many older buildings are equipped with a fire escape on the outside of the building, which is accessed through a window or balcony. Fire escapes are considered a “secondary” or
alternative means of egress, and are to be used if the primary means of egress (stairwells) cannot be safely used to exit the building because they are obstructed by flame, heat or smoke. Exits: Most buildings have more than on exit. In addition to the main entrance to the building, there may be separate side exits, rear exits, basement exits, roof exits and exits to the street from stairwells. Some of these exits may have alarms. Not all of these exits may lead to the street. Roof exits may or may not allow access to adjoining buildings. Be sure to review Part I (Building Information Section) of this fire safety plan and familiarize yourself with the different means of egress from your building. Fire Sprinkler Systems A fire sprinkler system is a system of pipes and sprinkler heads that when triggered by the heat of a fire automatically discharges water that extinguishes the fire. The sprinkler system will continue to discharge water until it is turned off. When a sprinkler system activates, an alarm is sounded. Be sure to review Part I (Building Information Section) of this fire safety plan to learn whether your building is equipped with fire sprinkler systems. Interior Fire Alarm Systems Although generally not required, some residential buildings are equipped with interior fire alarm systems that are designed to warn building occupants of a fire in the building. Interior fire alarm systems generally consist of a panel located in a lobby or basement, with manual pull stations located near the main entrance and by each stairwell door. Interior fire alarm systems are usually manually activated (must be pulled by hand) and do not automatically transmit a signal to the Fire Department dispatcher. Do not assume that the Fire Department has been notified because you hear a fire alarm or smoke detector sounding in the building. Be sure to review part I (Building Information Section) of this safety plan to learn whether your building is equipped with an interior fire alarm system and whether the alarm is transmitted to the Fire Department, and familiarize yourself with the location of the manual pull stations and how to activate them in the event of a fire. Public Address Systems Although generally not required, some residential buildings are equipped with public address systems that enable voice communications from a central location, usually in the building lobby. Public address systems are different from the building intercoms, and usually consist of loudspeakers in building hallways and/or stairwells. Be sure to review part I (Building Information Section) of this safety plan to learn whether your building is equipped with a public address system.
EMERGENCY FIRE SAFETY AND EVACUATION INSTRUCTIONS
IN THE EVENT OF A FIRE, FOLLOW THE DISECTIONS OF FIRE DEPARTMENT PERSONNEL. HOWEVER, THERE MAY BE EMERGENCY SITUATIONS IN WHICH YOU MAY BE REQUIRED TO DECIDE ON A COURSE OF ACTION TO PROTECT YOURSELF AND THE OTHER MEMBERS OF YOUR HOUSEHOLD. THIS FIRE SAFETY PLAN IS INTENDED TO ASSIST YOU IN SELECTING THE SAFEST COURSE OF ACTION IN SUCH AN EMERGENCY. PLEASE NOTE THAT NO FIRE SAFETY PLAN CAN ACCOUNT FOR ALL OF THE POSSIBLE FACTORS AND CHANGING CONDITIONS; YOU WILL HAVE TO DECIDE FOR YOURSELF WHAT IS THE SAFEST COURSE OF ACTION UNDER THE CIRCUMSTANCES General Emergency Fire Safety Instructions 1. Stay calm. Do not panic. Notify the Fire Department as soon as possible. Firefighters will be on
the scene with in minutes. 2. Because flame, heat and smoke rise, generally a fire on a floor below your apartment presents a
greater threat to your safety than a fire on a floor above your apartment. 3. Do not overestimate your ability to put out a fire. Most fires cannot be easily or safely extinguished.
Do not attempt to put the fire out once it begins to quickly spread. If you attempt to put a fire out, make sure you have clear a path of retreat from the room.
4. If you decide to exit the building during a fire, close all doors as you exit to confine the fire. Never
use the elevator. It could stop between floors or take you to where the fire is. 5. Heat, smoke and gases emitted by burning materials can quickly choke you. If you are caught in a
heavy smoke condition, get down on the floor and crawl. Take short breaths, breathing through your nose.
6. If your clothes catch fire, don’t run. Stop where you are, drop to the ground, cover your face with
your hands to protect your face and lungs and roll over to smother the flames. Evacuation Instructions If The Fire Is In Your Apartment (All Types of Building Construction) 1. Close the door to the room where the fire is, and leave the apartment. 2. Make sure EVERYONE leaves the apartment with you. 3. Take your keys. 4. Close, but do not lock, the apartment door. 5. Alert people on your floor by knocking on their doors on your way to the exit. 6. Use the nearest stairwell to exit the building. 7. DO NOT USE THE ELEVATOR.
8. Call 911 once you reach a safe location. Do not assume the fire has been reported unless firefighters are on the scene.
9. Meet the members of your household at a predetermined location outside the building. Notify
responding firefighters if anyone is unaccounted for. Evacuation Instructions If The Fire Is Not In Your Apartment “NON – COMBUSTIBLE” OR “ FIREPROOF” BUILDINGS: 1. Stay inside your apartment and listen for instructions from firefighters unless conditions become
dangerous. 2. If you must exit your apartment, first feel the apartment door and doorknob for heat. If they are not
hot, open the door slightly and check the hallway for smoke, heat or fire. 3. If you can safely exit your apartment, follow the instructions above for a fire in your apartment. 4. If you cannot exit your apartment or building, call 911 and tell them your address, floor, apartment
number and the number of people in your apartment. 5. Seal the doors to your apartment with wet towels or sheets, and seal air ducts or other openings
where smoke may enter. 6. Open windows a few inches at the top and bottom unless flames and smoke are coming from below.
Do not break any windows. 7. If conditions in the apartment appear life – threatening, open a window and wave a towel or sheet to
attract the attention of firefighters. 8. If smoke conditions worsen before help arrives, get down on the floor and take short breaths through
your nose. If possible, retreat to a balcony or terrace away from the source of the smoke, heat or fire.
“COMBUSTILE” OR “NON – FIREPROOF” BUILDING 1. Feel your apartment door and doorknob for heat. If they are not hot, open the door slightly and
check the hallway for smoke, heat of fire. 2. Exit your apartment and building if you can safely do so, following the instructions above for a fire
in your apartment. 3. If the hallway or stairwell is not safe because of smoke, heat or fire and you have access to a fire
escape, use it to exit the building. Proceed cautiously on the fire escape and always carry or hold onto small children
4. If you cannot use the stairs or the fire escape, call 911 and tell them your address, apartment
number and the number of people in your apartment.
A. Seal the doors to your apartment with wet towels or sheets, and seal air ducts or other openings where smoke may enter.
B. Open windows a few inches at the top and bottom unless flames and smoke are coming from below. Do not break any windows.
C. If conditions in the apartment appear life – threatening, open a window and wave a towel or
sheet to attract the attention of firefighters. D. If smoke conditions worsen before help arrives, get down on the floor and take short breaths
through your nose. If possible retreat to a balcony or terrace away from the source of the smoke, heat or fire.
Building Address: Apt.:
LEASE/COMMENCEMENT OF OCCUPANCY NOTICE FOR PREVENTION OF LEAD-
BASED PAINT HAZARDS—INQUIRY REGARDING CHILD You are required by law to inform the owner if a child under seven years of age resides
or will reside in the dwelling unit (apartment) for which you are signing this lease/commencing occupancy. If such a child resides or will reside in the unit, the owner of the building is required to perform an annual visual inspection of the unit to determine the presence of lead-based paint hazards. IT IS IMPORTANT THAT YOU RETURN THIS FORM TO THE OWNER OR MANAGING AGENT OF YOUR BUILDING TO PROTECT THE HEALTH OF YOUR CHILD. If you do not respond to this notice, the owner is required to attempt to inspect your apartment to determine if a child under seven years of age resides there.
If a child under seven years of age does not reside in the unit now, but does come to live in it at any time during the year, you must inform the owner in writing immediately. If a child under seven years of age resides in the unit, you should also inform the owner immediately at the address below if you notice any peeling paint or deteriorated subsurfaces in the unit during the year.
Please complete this form and return one copy to the owner or his or her agent or representative when you sign the lease/commence occupancy of the unit. Keep one copy of this form for your records. You should also receive a copy of a pamphlet developed by the New York City Department of Health and Mental Hygiene explaining about lead-based paint hazards when you sign your lease/commence occupancy. CHECK ONE: A child under seven years of age resides in the unit A child under seven years of age does not reside in the unit. _________________________________ (Occupant signature) Print occupant’s name, address and apartment number:________________________ _______________________________________________________________ (NOT APPLICABLE TO RENEWAL LEASE) Certification by owner: I certify that I have complied with the provisions of §27-2056.8 of Article 14 of the Housing Maintenance Code and the rules promulgated thereunder relating to duties to be performed in vacant units, and that I have provided a copy of the New York City Department of Health and Mental Hygiene pamphlet concerning lead-based paint hazards to the occupant. ____________________________ (Owner signature) RETURN THIS FORM TO: Douglas Elliman Property Management- Compliance Dept. 675 Third Avenue, New York, N.Y. 10017 _______________________________________________________________
OCCUPANT: KEEP ONE COPY FOR YOUR RECORDS OWNER COPY/OCCUPANT COPY
CONTRATO/COMIENZO DE OCUPACIÓN Y MEDIDAS DE PRECAUCION CON LOS
PELIGROS DE PLOMO EN LA PINTURA-ENCUESTA RESPECTO AL NIÑO.
Usted esta requerido por ley informarle al dueño si un niño menor de siete años de edad esta viviendo o vivirá con usted en la unidad de vivienda (apartamento) para la cual usted va a firmar un contrato de ocupación. Si tal niño empieza a residir en la unidad, el dueño del edificio esta requerido hacer una inspeción visual añualmente de la unidad para determinar la presencia peligrosa de plomo en la pintura. POR ESO ES IMPORTANTE QUE USTED LE DEVEUELVA ESTE AVISO AL DUEÑO O AGENTE AUTORIZADO DEL EDIFICIO PARA PROTEGER LA SALUD DE SU NIÑO. Si usted
no informa al dueno, el dueno esta requerido inspeccionar su apartamento para descubrir si un niño menor de siete años de edad esta viviendo en el apartamento. Si un niño menor de siete años de edad no vive en la unidad ahora, pero viene a vivir en cualquier tiempo durante el año, usted debe de informarle al dueño por escrito inmediatamente a la dirección provenida abajo. Usted tambien debe de informarle al dueño por escrito si un niño menor de siete años de edad vive en la unidad y si usted observa que durante el año la pintura se deteriora o esta por pelarse sobre la superficie de la unidad. Por favor de llenar este formulario y devolver una copia al dueño del edificio o al agente o representante cuando usted firme el contrato o empieze a ocupar la unidad. Mantegna una copia de este formulario para sus archivos. Al firmar su contrato de ocupación usted recibirá un pamfleto hecho por el Departamento de Salud y Salud Mental de la Ciudad de Nueva York, explicando el peligro de plomo en pintura. MARQUE UNO: Vive un niño menor de siete años de edad en la unidad. No vive un niño menor de siete años de edad en la unidad. (Firma del inquilino) Nombre del inquilino, Dirección, Apartamento: __________________________ (Esto no es aplicable para un renovamiento del contrato de alquiler.) Certificacion de dueño: Yo certifico que he cumplido con la provision de §27-2056.8 del Articulo 14 del codigo y reglas de Vivienda y Mantenimiento (Housing Maintenance Code) relacionado con mis obligaciones sobre las unidades vacante, y yo le he dado al ocupante una copia del pamfleto del Departamento de Salud y Salud Mental de la Ciudad de Nueva York sobre el peligro de plomo en pintura. (Firma del dueño) DEVUELVA ESTE FORMULARIO A: Douglas Elliman Property Management- Compliance Dept. 675 Third Avenue, New York, N.Y. 10017 ________________________________________________________
INQUILINO: MANTENGA UNA COPIA PARA LOS ARCHIVOS COPIA DEL DUEÑO/COPIA DEL INQUILINO
Building Address: Apt.:
171
BY-LAWS
OF
HAYDEN ON THE HUDSON CONDOMINIUM
WOFSEY, CERTILMAN, HAFT & LEBOWAttorneys for the Sponsor
55 Broad StreetNew York, New Yprk 10004
EXHIBIT K
171
BY-LAWS
OF
HAYDEN ON THE HUDSON CONDOMINIUM
TABLE OF CONTENTS
Plan of Condominium Home Ownership Condominium Home Ownership By-Laws Applicability Personal Application
Condominium, Voting, Quorum, Proxiesand Waivers
Condominium Voting Quorum Vote Required to Transact Business Right to Vote Proxies Waiver and Consent Place of Meeting Annual Meetings Special Meetings Notice of Meetings Order of Business
Board of Managers Number and Term Vacancy and Replacement Removal First Board of Managers Powers Repairs and Maintenance Compensation Meetings Annual Statement Fidelity Bonds Management Agent Liability of the Board of Managers
and Home Owners
Officers Elective Officers Election Appointive Officers Term
ARTICLE I.Section 1.Section 2.Section 3.
ARTICLE II.
Section . l.Section 2.Section 3.Section 4.Section 5.Section 6.Section 7.Section 8.Section 9.Section 10.Section 11.Section 12.
ARTICLE III.Section 1.Section 2.Section 3.Section 4.Section 5.Section 6.Section 7.Section 8.Section 9.Section 10.Section 11.Section 12.
ARTICLE IV.Section 1.Section 2.Section 3.Section 4.
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Section 5.Section 6.Section 1.Section 8.Section 9.
ARTICLE V.Section 1.Section 2.
ARTICLE VI.Section 1.Section 2.Section 3.
Section 4.Section 5.
Section 6.Section 7.
ARTICLE VII.Section 1.Section 2.Section 3.
ARTICLE VIII.
ARTICLE IX.
ARTICLE X.
ARTICLE XI.Section 1.Section 2.Section 3.Section 4.
ARTICLE XII.
ARTICLE XIII.
ARTICLE XIV.Section 1.Section 2.Section 3.Section 4.Section 5.Section 6.Section 7.
The President The Vice-President The Secretary The Treasurer Agreements, etc
Notices Definition Service of Notice - Waiver
Finances Checks Assessments Foreclosure of Liens for Unpaid
Common Charges Statement of Common Charges Liability for Heating, Cooling,
Electricity, Gas and Water Operating Account Other Accounts
Insurance and Insurance Trustee Insurance to be Carried by the BoardThe Insurance Trustee Restoration or Reconstruction After
Fire or Other Casualty
House Rules
Default
Amendments
Selling, Mortgaging and Leasing Home Selling and Leasing of Homes Waiver of Partition Rights Mortgaging of Homes Gifts, etc
Condemnation
Additions, Alterations or Improvementsby Home Owners
Miscellaneous Insurance Severability Notice to Condominium Notice of Unpaid Assessments Examination of Books and Records Construction Compliance with Article 9-B
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173
BY-LAWS
OF
HAYDEN ON THE HUDSON CONWMINIUM
ARTICLE I. PLAN OF CONDOMINIUM! HOME OWNERSHIP
Section 1. Condominium Home Ownership. The property locatedon Douglas Avenue, Riverdale, in the Borough and County of theBronx, City and State of New York, as specifically set forth inthe Declaration and more commonly known as Hayden on the. Hudson Con-dominium has been submitted to the provisions of Article 9-B of theReal Property Law of the State of New York.
Section 2. By-Laws Applicability. The provisions of theseBy-Laws are applicable to the Condominium. The term "Condominium"as used herein shall include the land and the building and improve-ments thereon including the Condominium Homes (hereinafter re-ferred to as "Homes"), and the common elements and the use ofoccupancy thereof. The term "Building" as hereinafter used shallbe defined as the exterior walls and roof of a number of Homes allof which are constructed under a continuous roof.
Section 3. Personal Application. All present or future HomeOwners, mortgagees and lessees, or their employees or any otherperson that might use the facilities of the Community in any man-ner are subject to these By-Laws, the Declaration and any Rulesand Regulations established by the Board of Managers. The mereacquisition or rental of any of the Homes or the mere act of oc-cupancy of any of said Homes will signify that these By-Laws, theDeclaration and the Rules and Regulations are accepted, ratified,and will be complied with.
ARTICLE II. CONDOMINIUM, VOTING, QUORUM, PROXIESAND WAIVERS
Section 1. Condominium. The condominium shall be limitedto Home Owners. "Home Owner" as referred to herein shall meanall of the owners of each Home.
Section2. Voting. Each Home Owner (including the Sponsorand the Board of Managers, if the Sponsor or the Board of Managersshall then own or hold title to one or more Homes) shall be en-titled to cast one vote at all Home Owners' meetingS for each
_Home or Homes owned by such Home Owner, but the. Board of Managersshall not cast any of its votes for the election of any member tothe Board.
74
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1
I
I
I1I1II
II
I
Section 3. Quorum. So many Home Owners present in person or Irepresented by written proxy as shall represent at least 51% of thetotal authorized votes of all Home Owners shall be requisite to andshall constitute a quorum of all meetings of the Home Owners forthe transaction of business, except as otherwise provided by Statute,by the Declaration, or by these By-Laws. If, however, such quorumshall not be present or represented at any meeting of the HomeOwners, the Home Owners entitled to vote thereat, present in personor represented by written proxy, shall have power to adjourn themeeting from time to time, without notice other than announcementat the meeting, until a quorum shall be present or represented.At such adjourned meeting at which a quorum shall be present orrepresented, any business may be transacted which might have beentransacted at the meeting originally called.
Section 4. Vote Required to Transact Business. When a quorumis present at any meeting, the vote of a majority of the Home Ownerspresent in person or represented by written proxy shall decide anyquestion brought before such meeting and such vote shall be bind-ing upon all Home Owners, unless a question is one upon which, byexpress provision of the Declaration, Statute, or of' these By-Laws,a different vote is required, in which case such express provisionsshall govern and control the decision of such question.
Section 5. Right to Vote. At any- meeting of Home Owners,every Home Owner having the right to vote shall be entitled to votein person, or by proxy. Such proxy shall only be valid for suchmeeting or subsequent adjourned meetings thereof..
Section 6. Proxies. All proxies shall be in writing and shallbe filed with the Secretary prior to the meeting at which the sameare to .be used. A notation of such proxies shall be made in theminutes of the meeting.
Section 7. Waiver and Consent. Whenever the vote of HomeOwners at a meeting is required or permitted by any provision ofthe Declaration, Statutes or of these By-Laws to be taken in con-nection with any action of the Condominium, the meeting and vote ofHome Owners may be dispensed with if all Home Owners who would havebeen entitled to vote upon the action if such meeting were held,shall consent in writing to such action being taken.
Section 8. Place of Meetings. Meetings shall be held at suchsuitable place convenient to the home Owners as may be designatedby the Board of Managers.
Section 9. Annual Meetings. Within one year of the transferof title to the first Home, the Sponsor shall call the first annualHome Owners meeting. At such meeting a new Board of Managers shallbe elected by the Fome Owners and the former members of the Boardshall thereupon resign. Thereafter, annual meetings shall be heldon the anniversary of such date each succeeding year. At suchmeetings there shall be elected by ballot of the Home Owners aBoard of Managers in accordance with the requirements of ArticleIII of these By-Laws. The Home Owners may also transact such otherbusiness of the Condominium as may properly come before them. In
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175
the event the Sponsor is the owner of more than 50% of the Homes.in number at the first annual meeting, it may cast such votes toelect a majority of the Board of Managers. At the second annualmeeting, and at all successive annual meetings, however, the--Spon-sor may not cast its votes to elect a majority of-the Board ofManagers but may cast its votes to elect no more than , four membersof the Board of Managers. During the Condominium's second year ofoperations, the Board of Managers may not decrease the servicesset forth in Schedule ,D of the Offering Plan for .the Condominium_or increase the reserves set forth in said Schedule 'D without thewritten consent of the Sponsor.
Section 10. Special Meetings. It shall be the duty, of thePresident to call a special meeting of the Home Owners as directedby the Board of Managers or upon a petition-signed by a majority.of the Home Owners and having been presented to the Secretary.
Section 11. Notice of Meetings. It shall,be the duty of theSecretary to mail a notice of each annual or special meeting, .stating the purpose thereof as well as the time and place where itis to be h.,-1d, to each Home Owner of record, at least five but notmore than ten days prior to such meeting. The mailing of a noticein the manner provided in these By-Laws shall be considered notice
.served. -
Section 12. Order of Business. The order of business at all .meetings shall he as follows:
_Roll call.,
Proof of notice of meeting or waiver of -notice.Reading of minutes'of preceding meeting. - -Report of officer.Report of committees. -Election of inspectorsis an election).Election of managers (inUnfinished business.New business.
(a)(b)(c)(d)(e)(f .)
(g)(h)
of election (in the event there
the event there is an election).
ARTICLE III. .BOARD OF MANAGERS _
Section 1. Number and Term. The officers of the Condominiumshall be governed by a Board of Managers. The first Board of--Managers shall consist of three Managers designated by the SPonsorwho shall hold office and exercise all powers of the'Board ofManagers, until the first annual meeting of the Home Owners. Within 60 days of the closing' of title to the '-first Home";: 'a meeting of-the _ -Home Owners shall be held at which a Home Owner who • is independentof the Sponsor shall be elected to the first Board-of Managers bymajority vote of the Home Owners other than the Sponsor, to serveuntil the first annual meeting of the Home Owners. -Until succeededby the Managers elected at the first annual meeting of Home Owners,Managers need not be Home Omners; thereafter, all Managers otherthan designees or nominees of the Sponsor- shall be Home - Owners. TheManagers shall be elected at the annual meeting of the Home Owners.
At the first annual meeting of Home Owners called pursuant to Section 9 176 Iof Article II, nine (9) Managers shall be elected by the Home Owners.The term of office of three of the Managers shall be fixed for three (3)years, the term of office of three of the Managers shall be fixed at two(2) years, and the term of office of three of the Managers shall be fixedat one(1) year. Separate ballots shall be conducted for each of thethree terms of office. Each Home Owner shall be entitled to cast onevote on each ballot for each HoMe he owns. The three nominess on each ofthe ballots receiving the highest number of votes on their ballot shallconstitute the duly elected Board of Managers. At the expiration of theinitial term of office of each respective Manager, his successor shall beelected to serve a term of three (3) years. The Managers shall holdoffice until their successors have been elected and hold their firstmeeting. But in any event, at least one-third of the terms of the membersof the Board of Managers shall expire annually. Notwithstanding theforegoing, to assure the Sponsor minimum representation on the Board ofManagers after it turns over control of the Board to Home Owners indepen-dent of the Sponsor, the Sponsor shall have the right to designate threemembers of the Board of Managers so long as it owns :35% or more of theHomes in number, two members of the Board so long as it owns less than35% but more than 10% of the Homes in number, and one member of the Boardso long as the Sponsor continues to own one or more Homes.
Section 2.. Vacancy and Replacement. If the office of any Manageror Managers becomes vacant by reasons of death, resignation, retirement,disgualification, removal from office or otherwise, a majority of theremaining Managers, though less than a quorum, at a special meeting of
duly called for-this purpose, shall choose a successor or -
Managerssuccessors, who shall hold office for the unexpired term in respect to whichsuch vacancy occurred. Notwithstanding the foregoing, the. Sponsor shall -have the right at all times to designate one member of the Board ofManagers so long as the Sponsor continues to own at least one Home.
Section 3. Removal. Managers may be removed for cause by anaffirmative vote of 'a majority of the Home Owners. Except for Managersdesignated or elected by the Sponsor, no Manager shall continue to . serveon the Board if, during his term of office, he shall cease to be aHome Owner.
Section 4. First Board of Managers. The first Board of Managersshall consist of Henry Kibel, Anita Levinson, and Abe Moritz, who shallhold office and exercise all powers of the Board of Managers until thefirst annual meeting of the Home Owners. Within 60 days of the closingof title to the first Home, a meeting of the Home Owners shall be heldat which a Home Owner who is independent of the Sponsor shall beelected to the first Board of Managers by majority vote of the HomeOwners other than the Sponsor to serve until the first annual meetingof the Home Owners. Any or all of said Managers shall be subject toreplacement in the event of resignation or death in the manner set forthin Section 2 of this Article.
Section 5. Powers..
(a)' The property and business of the Condominium shall be managed . .- _by its Board of Managers, which may exercise all such powers of the Con- -0dominium and do all such lawful acts and things as are not by Statute orDy the Declaration or by these By-Laws, directed or required to beIxercised or done by the Home Owners personally. These powers shallspecifically include, but not be limited to the following items:
1. To determine and levy monthly assessments ("common charges") 177
to cover the cost of common expenses, payable in advance. TheBoard of Managers may increase the monthly assessments or votea special assessment in excess of that amount, if required, tomeet any additional necessary expenses, but said increases canonly be assessed among the Home Owners pro-rata according totheir respective common interests;
2. To collect, use, and expend the assessments collected to main-tain, care for and preserve the Homes, Building, and othercommon elements;
3. To make repairs, restore or alter any Homes or the commonelements after damage or destruction by fire or other casualtyor as a result of condemnation or eminent domain proceedings;
4. To enter into and upon the Homes when necessary and at aslittle inconvenience to the Home Owners as possible in con-nection with the maintenance, care, and preservation of theproperty.
5. To open bank accounts on behalf of the Condominium and todesignate the signatories to such bank accounts;
6. To insure and keep insured the common elements and Home inaccordance with Article VII of these By-Laws;
7. To collect delinquent assessments by suit or otherwise, toabate nuisances and to enjoin or seek damages from the HomeOwners of the property for violations of the house rules orrules and regulations herein referred to;
8. To make reasonable rules and regulations and to amend the samefrom time to time, and such rules and regulations and amend-ments shall be binding upon the Home Owners when the Board hasapproved them in writing. A copy of such rules and all amend-ments shall be delivered to each Home.
9. To employ workmen, janitors and gardeners and to purchasesupplies and equipment, to enter into contracts, and generallyto have the powers of amanger in connection with the mattershereinabove set forth.
10. To bring and defend actions by or against more than one HomeOwner and pertinent to the operation of the Condominium;
11. To acquire Homes for the employees of the Condominium or as aresult of abandonment and to take any or all steps necessaryto repair or renovate any Home so acquired and to vote as HomeOwner, offer such Home for sale or lease or take any othersteps regarding such Home as shall be deemed proper by theBoard of Managers;
12. To exercise the option to buy or lease Homes and to take anyother steps necessary to repair or renovate any Home acquiredor leased as a result of the exercise of such option and tovote as Home Owner, offer for sale or lease such Home or takeany other steps regarding such Home as shall be deemed properby the Board of Managers.
178 1 . To make additions, alterations, or improvements to the common
elements of the Community, the cost of which addition, altera-tion, or improvement does not exceed $10,000. The. Board of.Managers may make additions, alterations- or improvements to the IIcommon elements costing in excess- of $10,000 - only with the _approval of a majority of the Home Owners. While the Sponsoris in control of the Board of Managers:, the. Board may makeadditions, alterations, or improvements to the common elementscosting in excess of s-5-,ou0' or enter into service or main-tenance contracts the- duration of which will extend more thanone year after the. Sponsor loses control_ of: the Board ofManagers, only with the approval of a- majority of the HomeOwners, excluding the Sponsor, voting at a duly held meetingof the Home Owners.
14. To borrow money on- behalf of: the Condominium when required inconnection with the operation, care, upkeep and maintenanceof the common elements, provided, however, that (i) the consentof at least 66 2/3% in number of all. Home Owhers, obtained ata meeting duly called and held for such purpose in accordancewith the provisions of these By-Laws, shall be required for theborrowing of any sum in excess of $10,000- and (ii) no lien tosecure repayment of any sum borrowed may be created on anyHome or its appurtenant interest in the common elements withoutthe written consent of the Owner- of said Home.
15. To act as an agent- of each- Hiume Owner-who-has given his writtenauthorization to complaia or apply to- the ladal and county realestate tax assessment- agency-board of review by filing a singlecomplaint on behalf of all suth_Home Owners - pursuant to theapplicable sections of the Real Property Tax-Law-and to coM-mence. and prosecute a- special próceedinT for the review ofassessments of real property-as an aggrieved person pursuant tothe applicable sections of the Real Property Tax Law. TheBoard of Managers may retain legal counsel on behalf of allHome Owners for which it is acting as- agent and charge all suchHome Owners a pro-rata. share of expenses:, disbursements, andlegal. fees fOr which chargeS the Board of Managers shall have alien pursuant to Article VI of these By-,LAws-
(b) The Board of Managers may,. by resolution.= resolutions, passed)y a majority of the whole Board, designate .one_ or more committees,!ach of such committees to. consist of at least three.4 -3) Managers or[one Owners, at least one of whom shall be'a Manager-, which, to the:xtent provided in said resolution or resolutions, shall have and mayxercise the powers of the Board: of Managers in the management of theusiness and affairs of the Condi:minium and- may have power_ to sign allapers which may be required, provided the said resolution or resolutionshall specifically so provide: Such. committee or committees shall haveuch name or names as may be determined fr6m time to time by resolutionopted by the Board of Managers. COmmittees established by resolutionf the Board Managers shall keep regular minutes of their proceedingsld shall report the same to the Board as required.
(c) Notwithstanding anything to the contrary contained in these►-Laws, so long as the Sponsor or its designee shall continue to ownmes representing 20% or more in common interest, but in no event laterLan two years from the date of the recording of the Declaration, the
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Board of Managers may not, without the Sponsor's prior written consent,(i) make any addition, alteration, or improvements to the commonelements or to any Home, costing cumulatively more than $7,500, theforegoing not to include necessary repairs and maintenance work, or(ii) assess any common charges for the creation of, addition to, orreplacement of all or part of a reserve, contingency or surplus fund,or (iii) hire any employee in addition to the employees referred toin the Plan of Condominium ownership, or (iv) enter into any serviceor maintenance contract for work not covered by contracts in existenceon the date the said Plan is declared effective or (v) borrow money onbehalf of the Condominium.
Section 6. Repairs and Maintenance. All maintenance, repairs,and replacement to the common elements of the property including butnot limited to exterior walls, roof and roof members as well as allmaintenance, repairs and replacements to any pipes, wires, conduitsand public utility lines, any portion of which is located in oneHome and services another Home or more thanone Home or so much ofany pipes, wires, conduits and public utility lines are located inthe common elements but serve one or more Homes shall be made by theBoard of Managers and the cost thereof shall be a common expense.Except as is otherwise specifically provided, all maintenance tothe Homes, including electrical repairs, plumbing stoppages, windowcleaning, and painting and decorating in the Homes (except forpainting and cleaning of the exterior surfaces of doors and windowswhich open from a Home, which painting and cleaning are performed -by the Board of Managers), repairs and replacements to the Homes,including windows and doors (including all glass breakage), andrepairs to pipes, wires and conduits located in and servicing thesame Home, other than as set forth above, shall be made by therespective Home Owners at their own expense. All irrevocably re-stricted common elements shall be maintained and repaired by theHome Owner to whom such common element is restricted in use. However,the Board of Managers shall repair and replace any pipes, wires,conduits and public utility lines located underground or overheadof any irrevocably restricted common element, shall have theresponsibility of maintaining and repairing the irrevoacblyrestricted driveways and parking areas and shall make all necessarystructural repairs to any irrevocably restricted common elementand the cost thereof shall be a common expense, except where suchrepair or replacement is necessitated by the negligence, misuse orneglect of the Home Owner to whom the common element is restrictedin use, in which even such cost andd - expense shall be assessed to •and paid for by such Home Owner. The Board of Managers shall re-pair all plumbing stoppages and-electrical problems-occurring inthe common elements. The Board of Managers and its agents, em-ployees and contractors shall have a right of access to any Homeand to all portions of the common elements for the purpose ofcarring out any of its . obligations under these By-Laws or theDeclaration of the Condominium. The Board of Managers shall pro-vide snow removal for the private driveways, walkways and sidewalkson the property. The Board of Managers shall cut the grass andtrim the hedges throughout the common elements, inclusive of thoseportions thereof irrevocably restricted in use to individual HomeOwners, but the individual owners of such Homes shall be otherwise
responsible for all landscaping and gardening services for the yard 180
areas irrevocably restricted to their use. All repairs, paintingor maintenance, whether made by the Home. Owner or by the Board ofManagers, to the doors, windows, or the exterior surface of anyBuilding, including roofs, or to any generally visible portion ofthe common elements shall be carried out in such a manner so as toconform to the existing materials, style and colors. In the eventthat a Home Owner fails to make any maintenance or repair whichmaintenance or repair is necessary to protect any of the commonelements or any other Home, or to remove a Building Departmentviolation on his Home, the Board of Managers shall have the right tomake such maintenance or repair (upon the failure of the Home Ownerto do so after 10 days written notice, or written or oral notice ofa shorter duration in the event of an emergency situation) and tocharge the Home Owner for the cost of all such repairs and/ormaintenance. In the event that the Board of Managers charges a HomeOwner for repairs or maintenance to his Home or for repairs to anycommon element restricted in use to such Home Owner, and the HomeOwner fails to make prompt payment, such charges shall be consideredas additional common charges due from said Home Owner, and the Boardof Managers shall be entitled to bring suit thereon. In the eventthe Board brings such a suit, the Home Owner shall be liable forthe reasonable Attorneys fees and costs of such suit or proceedingtogether with interest in all sums due.
Section 7. Compensation. Managers and officers, as such,shall receive no compensation for their services.
Section 8. Meetings.
(a) The first meeting of each Board newly elected by the HomeOwners shall be held immediately upon adjournment of the meeting atwhich they were elected, provided a quorum shall then be present,or as soon thereafter as may be practicable. The annual meeting ofthe Board of Managers shall be held at the same place as the HomeOwners meetings, and immediately after the adjournment of same, •at which time the dates, places and times of regularly scheduledmeetings of the Board shall be set.
(b) Regularly scheduled meetings of the Board may be heldwithout special notice.
(c) Special meetings of the Board may be called by the Presidenton two (2) days' notice to each Manager either personally or bymail or telegram. Special meetings shall be called by the Presidentor Secretary in a like manner and on like notice on the writtenrequest of at least three (3) Managers.
(d) At all meetings of the Board, a majority of the Managersshall be necessary and sufficient to constitute a quorum for the
' transactions of business, and an act of the majority of the Managerspresent at any meeting at which there is a quorum shall be the actof the Board of Managers, except as may be otherwise specificallyprovided by statute or by the Declaration or by these By-Laws. Ifa quorum shall not be present at any meeting of Managers, the
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Managers present thereat may adjourn the meeting from time to time,without notice other than announcement at the meeting, until aquorum shall be present.
(e) Before or at any meeting of the Board of Managers, anyManager may, in writing, waive notice of such meeting and suchwaiver shall be deemed equivalent to the giving of such notice. At-tendance by a Manager at any meeting of the Board shall be a waiverof notice by him of the time and place thereof. If all the Managersare present at any meeting of the Board, no notice shall be requiredand any business may be transacted at such meeting.
Section 9. Annual Statement. The Board of Managers shall fur-nish to all Home Owners, their mortgagees and the Department of Lawof the State of New York and shall present annually and when calledfor by a vote of the Home Owners at any special meeting of the HomeOwners, a full and clear statement of the business conditions andaffairs of the Condominium, including a balance sheet and profitand loss statement verified by an independent public accountant anda statement regarding any taxable income attributable to the HomeOwner and a notice of the holding of the annual Home Owners meeting.
Section 10. Fidelity Bonds. The Board of Managers shall reauirethat all officers and employees of the Condominium handling or re-sponsible for Condominium funds shall furnish adequate fidelitybonds. The premium on such bonds shall be a common expense.
Section 11. Management Agent. The Board of Managers shallemploy for the Condominium a management agent under a term contractor otherwise at a compensation established by the Board, to performsuch duties and services as the • Board shall authorize, including,but not limited to, all the delegable duties of the Board listed inthis Article. In no event shall these By-Laws be amended to elim-inate the Board's obligation to employ a managing agent withoutserving proper notice on the institutional mortgagee then holding ofrecord first mortgages on a majority in number of the mortgagedHomes in the Community and obtaining the written consent of suchmortgagee.
Section 12. Liability of the Board of Managers and.Home Owne. 1-7.Any contract, agreement or commitment made by the Board of Managersshall state that it is made by the Board'of Managers, as agent forthe Home Owners as a group only, and that no member of the Board ofManagers nor individual . Home Owners shall be_liable for such con-tract, agreement or commitment. The Home Owners shall be liable asa group under such . agreement, contractor commitment but the liabilityof each Home Owner shall:be limited to such proportion of the totalliability thereunder as his common interest bears to the commoninterest of all Home Owners. The Board" ofManagers shall have noliability to the Home Owners in the management of the Community ex-
- cept for willful misconduct or bad faith and the Home Owners shallseverally indemnify all members of the Board of Managers against anyliabilities or claims arising'from acts taken by a member of the
- Board of Managers in accordance.with his-duties as such member ex-cept acts of willful misconduct or acts made in bad faith. Such
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several liability of the Home Owners shall, however, be limited tosuch proportion of the total liability thereunder as such HomeOwner's common interest bears to the common interest of all HomeOwners.
ARTICLE IV. OFFICERS
Section 1. Elective Officers. The officers of the Condominiumshall be chosen by the Board of Managers and shall be a president,a-vice president, a secretary and a treasurer. The Board ofManagers may also choose one or more assistant secretaries andassistant treasurers and such other officers as in their judgmentmay be necessary. All officers must be Home Owners or Managersdesignated or eleCted by the Sponsor. Two or more offices may notbe held by the same person.
Section 2. Election. The Board of Managers at its first meet-ing after each annual Home Owners Meeting shall elect a president,a secretary and a treasurer. Only the president must be a memberof the Board.
Section 3. Appointive Offices. The Board may appoint suchother officers and agents as it shall deem necessary who shall holdtheir offices for such terms and shall exercise such powers andperform such duties as shall be determined from time to time by theBoard.
Section 4. Term. The officers shall hold office until theirsuccessors are chosen and qualify in their stead. Any officerelected or appointed by the Board of Managers may be removed withor without cause, at any time, by the affirmative vote of a major-ity of the whole Board of Managers. If the office of any officerbecomes vacant for any reason, the vacancy shall be filled by theBoard of Managers.
Section 5. The President. The President shall be the chiefexecutive officer of the Condominium; he shall preside at allmeetings of the Home Owners and the Board of Managers, shall beex-officio member of all standing committees, shall have generaland active management of the business of the Condominium shall - seethat all orders and resolutions of the Board are carried into ef-fect and shall have such other powers and duties as are usuallyvested in the office of President of a stock corporation organizedunder the Business Corporation Law of the State of New York.
Section 6. The Vice President. The Vice President shall takethe place of the President and perform his duties whenever thePresident shall be absent or unable to act and shall have suchother powers and duties as are usually vested in the office of VicePresident of a stock corporation organized under the Business Cor-poration Law of the State of New York.
Section 7. The Secretary. The Secretary and/or AssistantSecretary shall attend all sessions of the Board and all Home Owners
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183meetings and record all votes and the minutes of all proceedingsin a book to be kept for that purpose and shall perform likeduties for the standing committees when required. He shall give,or cause to be given, notice of all Home Owners meetings andspecial meetings of the Board of Managers, and shall perform suchother duties as may be prescribed by the Board of Managers or bythe President, under whose supervision he shall be.
Section 8. The Treasurer. The Treasurer shall have the custodyof the Condominium funds and securities and shall keep full andaccurate chronological accounts of receipts and disbursements inbooks belonging to the Condominium including the vouchers for suchdisbursements, and shall deposit all monies and other valuable ef-fects in the name and to the credit of the Condominium in suchdepositories as may be designated by the Board of Managers.
He shall disburse the funds of the Condominium as he may beordered by the Board, making proper vouchers for such disbursementsand shall render to the President and Managers, at the regularmeeting of the Board or whenever they may require it, an accountof all his transactions as Treasurer and of the financial con-dition of the Condominium.
He shall keep detailed financial records and books of accountof the Condominium, including a separate account for each Homewhich, among other things, shall contain the account of eachassessment of common charges against such Home, the date when due,the amounts paid thereon, and the balance remaining unpaid.
Section 9. Agreements, etc. All agreements and other instru-ments shall be executed by the President or such other person asmay be designated by the Board of Managers.
ARTICLE V. NOTICES
Section 1. Definition. Whenever under the provisions of theDeclaration or of these By-Laws, notice is required to be givento the Board of Managers, any manager or Home Owner, it shall notbe construed to mean personal notice; but such notice may be givenin writing, by mail, by depositing the same in a post office orletter box in a postpaid sealed wrapper, addressed to the Board ofManagers, such manager or Home Owner at such address as appearson the books of the Condominium.
Section 2. Service of Notice - Waiver. Whenever any notice isrequired to be given under the provisions of the Declaration, orof these By-Laws, a waiver thereof, in writing, signed by theperson or persons entitled to such notice, whether before or afterthe time stated therein, shall be deemed the equivalent thereof.
ARTICLE VI. FINANCES
Section 1. Checks. All checks or demands for money and notes- of the Condominium shall be signed by the President and Treasurer,
or by such other officer or officers or such other person or per-
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sons as the Board of Managers may from time to time designate.
Section 2. Assessments. The Board of Managers shall, from timeto time, but at least annually, fix and determine the budget repre-senting the sum or sums necessary and adequate for the continuedoperation of the Condominium and shall send a copy of the budgetand any supplement to the budget to every Home Owner and mortgagee.They shall determine the total amount required, including theoperational items such as insurance, repairs, reserves, betterments,maintenance of the common elements, and other operating expensesas well as charges to cover any deficits from prior years. Thetotal annual requirements shall be assessed as a single sum againstall Homes and pro-rated against each of said Homes according to therespective common interests appurtenant to such Home. This pro-ration of assessments shall remain constant regardless of the per-centage of the building square footage included in each Home orthe common elements restricted to the use of the Home Owner of saidHome. All of said assessments shall be payable monthly in advanceas ordered by the Board of Managers. In the event•of a defaultin the payment of a monthly common charge assessment by any HomeOwner, the Board, at its sole option, may declare the commoncharge assessment on said Home Owner's Home for the balance of thefiscal year immediately due and payable. Prior to making any suchdeclaration following a default, the Board shall send notice tothe delinquent Home Owner and the mortgagee, if any, of such Homegiving the Home Owner a five day grace period in which to make hispayment. The Board may charge the delinquent Home Owner a fee ofnot more than twenty dollars to cover the additional burden to theBoard occasioned by the lack of timely payment. Interest may alsobe collected on the common charge assessment from its due date tothe date payment is actually received. Special assessments,should such be required, shall be levied and paid in the same man-ner as hereinabove provided for regular assessments. The HomeOwner agrees to pay promptly when due the monthly and all specialassessments assessed against his own Home. Any Home Owner whofails to timely pay any assessment imposed by the Condominiumupon his Home to meet any community expense shall be liable forany expenses incurred by the Condominium in collecting said asses-ment, including interest at the rate of 6% per annum from the duedate of any unpaid assessment, and reasonable attorney's fees.The Board shall take action to collect any common charges duefrom any Home Owner which remain unpaid 90 days from its due dateby way of foreclosure of the lien on such Home in accordance withSection 339 of the Real Property Law or by a suit to recover amoney judgment. A suit to recover a money judgment for unpaidcommon charges shall be maintainable without foreclosing orwaiving the lien securing the same.
No Home Owner shall be liable for any common charges whichaccrue against his own Home subsequent to a sale, transfer, orother conveyance by him of his Home in accordance with these By-Laws and the Declaration. A purchaser of a Home (other than amortgagee or a purchaser at a foreclosure sale) shall be liablefor the payment of all common charges assessed against the Homeand unpaid at the time of the purchase.
Section 3. Foreclosure of Liens for Unpaid Common Charges.The Board shall have the power to purchase any Home at a fore-closure sale resulting from any action brought by the Board toforeclose a lien on the Home because of unpaid common charges. Inthe event of such purchase, the Board shall have the power to hold,lease, mortgage, vote, sell or otherwise deal with the Home. Asuit to recover a money judgment foi unpaid common charges shallalso be obtainable separately without waiving the lien on the Home.
Section 4. Statement of Common Charges. Upon the written re-quest of any Home Owner or his mortgagee, the Board shall promptlyfurnish such Home Owner or his mortcagee with a written statementof the unpaid common charges due from such Home Owner.
Section 5. Liability for. Heating, Cooling, Electricity, Gas and Water. Oil consumed for the steam generated heating and air-conditioning of the Homes and common elements, gas consumed forcooking within the Homes or otherwise consumed on the commonelements, water consumed in the Homes and on the common elementsand electricity consumed on the common elements shall be a commonexpense. Electricity consumed in each Home and on a balcony or.patio irrevocably restricted in use to the owner of a Home shall beseparately metered and paid for by the individual Home Owner.
F,ection 6. Operating Account. There shall be established andmaintained a cash deposit account to be known as the "OperatingAccount", into which shall be deposited the operating portion ofall monthly and special assessments as fixed and determined for allHomes. Disbursements from said account shall be for the generalneeds of the operation including, but not limited to, wages, repairs,betterments, maintenance and other operating expenses of the com-mon elements and for the purchase, sale, lease or other expensesresulting from the purchase or lease of Homes.
Section 7. Other Accounts. The Board shall maintain any otheraccounts it shall deem necessary to carry out its purposes.
ARTICLE VII. INSURANCE AND INSURANCE TRUSTEE
Section 1. Insurance to be Carried by the Board. The Board ofManagers shall be required to obtain and maintain, to the extent---obtainable,the following insurance: fire insurance with extendedcoverage, water damage, vandalism and malicious mischief endorse-ments, insuring the Buildings including all of the Homes and thebathroom and fixtures initially installed therein by the Sponsor(but not including furniture, furnishings or other personal prop-erty supplied or installed by Home Owners), together with all air- -conditioning and other service machinery contained therein, coveringthe interest of the Condominium, the Board of Managers and all HomeOwners and their mortgagees, as interest may appear, in an amountequal to at least 90% of the full replacement value of the Building.Each of such policies shall contain a New York standard mortgageeclause in favor of each mortgagee of a Home which shall provide thatthe loss, if any, thereunder shall be payable to such mortgagee asits interest may appear, subject however, to the loss payment pro-visions in favor of the Board of Managers and the Insurance Trustee
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'hereinafter set forth; and such other insurance as the Board ofManagers may determine. All such policies shall provide that theadjustment of loss shall be made by the Board of Managers with theapproval of the Insurance Trustee, and that the net proceeds there-of, if $60,000 or less, shall be payable to the Board of Managers,and if more than $60,000 shall be payable to the Insurance Trustee.
The fire insurance will commence with the closing of title tothe first Home in an amount as required by the mortgagee of suchHome and such amount will be increased upon the closing of title toall Homes and until the first meeting of the Board of Managersfollowing the first annual Home Owners meeting, such amount shallbe at least in the sum of $7,000,000.
All policies of physical damage shall contain waivers of subro-gation and of any reduction of pro-rata liability of the insurer asa result of any insurance carried by Home Owners or the invalidityarising from any acts of the insureds or any Home Owners, and shallprovide that such policies may not be cancelled or substantiallymodified without at least ten (10) days' prior written notice toall of the insured, including all mortgagees of Homes. Duplicateoriginals of all policies of physical damage insurance and allrenewals chereof, together with proof of payment of premium, shallbe delivered to all mortgagees of Homes at least ten (10) days priorto expiration of then current policies. Prior to obtaining anypolicy of fire insurance or any renewal thereof, and in any eventnot more than two years after the last appraisal of the Building,the Board of Managers shall obtain an appraisal from a fire insur-ance company or other entity of the replacement value of the
. Building, including all of the common elements appurtenant thereto,for the purpose of determining the amount of fire insurance to beeffected pursuant to this Section.
The Board of Managers shall also be required to obtain andmaintain, to the extent obtainable, public liability insurance insuch limits as the Board of Managers may from time to time determine,covering each member of the Board of Managers, the managing agentand each Home Owner. Such public liability coverage should alsocover cross liability claims of one insured against another. Untilthe first meeting of the Board of Managers following the first•an-nual Home Owners meeting, such public liability insurance shouldbe in a single limit of $300,000 covering all claims for bodilyinjury or property damage arising out of one occurrence. Suchpublic liability insurance shall commence on the closing of titleto the first Home.
Home Owners shall not be prohibited from carrying other insur-ance for their own benefit provided that such policies containwaivers of subrogation and further provided that the liability ofthe carriers issuing insurance procured by the Board of Managersshall not be affected or diminished by reason of any such addition-al insurance carried by any Home Owner.
Section 2. The Insurance Trustee. The Insurance Trustee shall be TheBank of New York, 48 Wall Street, New York, N.Y. 10015 unless and •until it shall be replaced by a bank or trust company located in
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187the State of New York, designated by the Board of Managers. All feesand d'sbursements of the insurance Trustee shall be paid b y the Boardof Managers and shall con="- •,-e a common ex pense of the Condominium.In the event the Insurance Trustee resi gns or falls to g ua -l if y , the
Mana g e r s steal_ des:h.:nate a new Insurance Trustee which shaIlbe a tank c- trust company located in the State of New York.
Section 3. Restoration or Reconstruction After Fire or Other Casualt y . In the event of damage to or destruction of the Build-in g s as a result of fire cr other casualty (unless 75% or more ofthe Buildin g s are destroyed or substantially damaged and 75% ormore of the Home ("v5rIers do not duly and prom ptly resolve to pro-ceed with repair or restoration), the Board of Managers shall ar-range for the prompt repair and restoration of the Buildings(including any damaged l h ;:nd an y kitchen or bathroom fixturesinitially insta)le,:i th,:reln ),v thc- Sponsor, but not includinc anywall, ceiling or door decorations or coverings or other furniture,furnJshincs, fixtures or ,-quipment instal l ed ..t7.-y home Owners intne Homes), and the Board cf Managers or the Insurance Trustee,as the case may be, shall dasburse the p roceeds: of all insurancer2o2.ic_ies to the contractors en gaued in such re pair and restorationIn :.ppropraate progress pa yments. Any cost of such repair andrestcran in excess of the insurance proceeds shall constitutea common expense and the Board of Mana gers may assess all theHome Owners for such deficit as part of the common charges.
If 751 or more of the Buildin g s are destroyed or substantiall ydamaged and 751 or more of the Home Owners dc not duly and promptlyresolve to proceed with repair. or restoration, the Pro perty shallbe subject to an action for partition at the suit of any HomeOwner or lienor, as if owned in common, in which event the netproceeds cf sale, to g ether with the net proceeds of insurancepolicies (or if there shall have been a repair or restoration pur-suant to the first paragraph of this Section 3, and the amount ofinsurance proceeds shall have exceeded the cost of such repair orrestoration, then the excess of . such insurance proceeds) shall bedivided by the Board of Managers or the Insurance Trustee, as thecase may be, among all the Home Owners in proportion to theirrespective common interests, after first paying out of the shareof each Home Owner the amount of any un paid liens on his Home, inthe order of the priority of such liens.
ARTICLE VIII. HOUSE RULES
In addition to the other provisions of these By-Laws, thefollowing house rules and regulations together with such additionalrules and regulations as ma y hereafter be adopted by the Board ofManagers shall govern the use of the Homes and the conduct of allresidents thereof.
Section 1. Owne rs of a Home, members of their families, theiremployees, guests and pets shall not use or permit the use of thePr emises in an y manner whiCh would be illegal or disturbin g or anuisance to other said Owners, or in such a wa y as to be injuriousto the reputation of the Condominium.
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Section 2. The common elements shall not be obstructed, littered,defaced or misused in any manner.
Section 3. Every Home Owner shall be liable for any and alldamage to the common elements and the propert y' of the Condominium,which shall be caused by said Home Owner or such other person forwhose conduct he is legally res pons i ble.
Section 4.
(a) Every Home Owner must perform p romptly all maintenance andrepair work to his own Home, which if omitted would affect the com-munity in its entirety or in a part belonging to other Home Owners,he being expressly responsible for the damages and liabilities thathis failure to do so may engender.
(P) All the repairs to internal installations of the Home loca-ted in and servicing onl y that Home, such as power, telephones, andsanitary installations shall be at the Home Owner's expense.
Section 5. No animals or r eptiles of any kind shall be raised,.bred or 1-_ept in an y Home or in the common elements, except thatdogs, cats or other household pets, not to exceed two per Home, maybe kept - in Homes, subject to the rules and regulations adopted bythe Board of Managers, provided that they are not kept, bred or •maintained for any commercial pu rposes; and Provided further thatan y such pet causing or creating a nu i sance or unreasonable dis-turbance or noise shall be permanently removed from the Propert ysubject to these restrictions upon three (3) da ys' written noticefrom the Board of Managers. In no event shall an y pet be permittedin any portion of the common elements unless carried or on a leash,or in any grass or garden p lot under any circumstances.
Section 6. A Home Owner ma y not make any alterations to theexterior of the Home or any part of the common elements, including,without limiting the foregoing, cutting down or removing trees on'irrevocabl y restricted areas, w i thout the written consent of theBoard of Managers. An owner shall not make structural modifica-tions to the Home . or other alterations which would impair thestructural soundness of the Home without the written consent of amajority in common interest of the Home Owners. Consent may berequested through the management a gent, if any, or through thePresident of the Board of Managers, if no management agent isemployed. The Board of Managers shall have the obligation toanswer within sixty days and fa i lure to do so within the stipulatedtime shall mean that there is no objection to the proposed modifi-cation or alteration.
Section 7.
(1) No balcony, terrace or patio shall be enclosed, decoratedor covered by awning or otherwise without the prior written con-sent of the Board of Manacers or Managing Agent, nor shall an yexisting awning be replaced without sa i d prior written consent.
(2) No Home Owner sha l l paint the exterior surfaces of thewindcws and doors o penin g, out of his Home.
(3) No person shall park a vehicle in or otherwise obstructingress or egress to another Home Owner's irrevocably restrictedparking space or spaces.
(4) Balconies and patios shall be kept free from snow, ice andwater and the Home Owner shall not paint the balcon y or, exce pt asshall have been approved to in writing b y the Board of Managers orManagin g Agent, affix objects of an y kind to its walls.
(5) Each Home Owner shall k,,,ep his Home in a g ood state ofPreservation and cleanliness, and shall not swee p or throw or permitto be swept or thrown therefrom, or from the dnors, or windowsthereof, any dirt or other substance.
(6) No awning, storm and screen window or radio or televisionaerial shall be attached to or hun g from the exterior of the Homeexcept such as shall nave been approved in writin g by the Board ofManagers or the Managing Agent; not shall anything be pro
Dected
from any window of the Building without similar a pproval.
(7) No Home Owner or any of his agents, servants, emPloyees,
l icensees, or visitors shall at any time bring into or keep in hisHome any inflammable, combustible or explosive fluid, materia,chemical or substance, exce pt for normal household us
If any key or keys are entrusted by a Home Owner or by anymember of his family or by his agent, servant, employee, licenseeor visitor to an employee of the Board of Mana gers or of theManaging Agent, whether for such Home Owner's . Home or automobile,trunk or other item of personal property, the acceptance of thekey shall be at the so l e risk of such Home Owner_ and neither theBoard of Managers nor the Managing Agent shall be liable for in-jury, loss or damage of any nature whatsoever, directl y or in-directl y resulting therefrom or connected therewith.
(9) No Home Owner shall make or permit an y disturbing noisesin his Home, or do or permit anything to be done therein, whichwill interfere with the rights, comforts or conveniences of otherHome Owners. No Home Owner shall pla y upon or suffer to be playedupon any musical instrument, or operate or permit to be operateda phonograph or a radio or television set or other loud speakerin such Owner's Home between the hours of twelve o'clock midnightand the following seven o'clook a.m., if the same shall disturb orannoy other occupants of the Buildings, and in no event shallpractice or suffer to be practiced either vocal or instrumentalmusic between the hours of ten p.m. and the following nine a.m.
(10) No Home Owner shall post an advertisement or poster ofany kind in or on the Community except as authorized by the Boardof Managers or the Managing Agent.
(11) No repair of motor vehicles shall be made in any of theroadways, driveways or parking areas of the Condominium nor shallsuch areas be used for storage or long term parking (in excess offive days without use) of any automobile, boat, trailer, camper,bus, truck or commercial vehicle. Any such parking shall be sub-ject, in addition, to any restriction due to zoning or localordinance recuirements.
19.0
(12) No Home Owner shall move, remove, add or otherwise changethe landscaping in the Community orr erect a fence or gate in theCommunity without the prior written consent of the Board ofManagers, provided, however, that the Owner of a Home to which ayard area is irrevocably restricted in use shall be free to plantgrass, flowers, and low-lying shrubs without need of such consent.
(13) It is prohibited to hang garments, rugs, etc., from thewindows or from an y of the buildings or to string clothes lines onor over the common elements (inclUd i ng an y irrevocably restrictedareas).
(14) No sign of any kind shall be displayed to the public viewon or in an y Home, except a one-fami ly name or professional signof not more than two hundred fort y scuare inches, or one temporarysign of not more than five square feet, advertising the propertyfor sale or rent. No such sign shal l be illuminated except b ynon-flashing white light emanating from within or on the sign it-self and shielded from direct v i ew.
(15) No article shall be placed i n any of the halls or on anyof the staircase or fire tower land i ngs, nor shall an y fire exitbe obstructed in any manner. Nothing sha ll be hung or shaken fromthe doors, windows or balconies of the buildings.
(16) No public hall or elevator' vest i bu l e of the building shallbe decorated or-furnished by any Home Owner in any manner. -
(17) Home Owners, their families, guests,. servants, em p loyees,agents, visitors or licensees shall not at any time or for anyreason whatsoever enter u pon or attempt to enter upon the roof ofan y building.
(18) No bicycles, scooters or s i milar vehicles shall be taken:into or from the high rise building through the main entrance or beallowed in any of the elevators other than the elevator designatedby the Board of Managers or the Managing Agent for that purpose andno baby carriages or an y of the above-ment i oned vehicles shall beallowed to stand in the public halls, passageways, courts or otherpublic areas of the high rise buildin g .
(19) Water-closets and other water apparatus in the buildingshall not be used for any purpose other than those for which theywere designed, nor shall an y sweep i ngs, rubbish, rags or any otherarticle be thrown into the same. An y damage resulting from misuseof any water-closets or other apparatus i n a Home shall be repairedand paid for by the owner of such Home.
(20) No occupant of the buildin g shall send any employee of theBoard of Managers or of the Managing Aga. nt out of the buildings onan" private business.
(21) The agents of the Board c = Ilanage r s or the Managing Agent,and any contractor or workman authorized b y the Board of Managersor the Managing Agent may enter any room or Home in the buildings atany reasonable hour of the day for the pur pose of inspecting such
19 1
Home for the presence of any vermin, insects or other pests and for thepurpose of taking such measures as may be necessary to control or ex-terminate an y such vermin, insects or other pests.
(22) The Board ..of ManaGers or the !Lanaging A gent may retain a pass-key to each Home. The Home Owner shall not a l ter any l ock or r.lstall a
new lock on any door leading to his Home without the written consent ofthe Board of Managers or the Mana g ing A gent. If such consent is given,the Board of Managers or the Managing Agent shall be provided with akey.
(23) Home Owners will faithfully observe the following procedureswith respect to the use of the com pactor (a) wrap dust, floor and pow-dered waste in compact packages before depositing the same; (b) thorou ghl y
drain and wra p in paper all Garbage before depositinc the same; (c) re-frain from forcing large bundles into the flue; (d) crush into tightbundles all loose papers before placing the same in the hopper door; (e)cause a l l bundles of waste to slide out of the hopper; (f) refrain fromde positing waste of an ex plosive nature therein.
(24) All Homes sha l l be used for residential occu panc y onl y , pro-vided that, subject to all applicable Governmental laws and regulations,any Home may be used as a professional oifice of the Owner thereof residestherein.
The provisions .set forth above shall not be applicable to the Sponsor.The Sponsor, its nominees and a gents, shall have the right and privilegeto maintain ceneral and local sales offices in and about the Condomin-
- ium, including any model Homes located within the Condominium Buildingsor elsewhere throughout the project, and shall have the right andprivilege to have their representatives, em ployees and agents presenton the Condominium premises to show the Homes to prospective pur-chasers, to utilize the common elements, and, without limitation, todo any and all things necessary and incident to the sale of the Homes,
I
without charge or contribution other than in the form of commoncharge payments as otherwise provided for herein.
1J
1 The Sponsor shall have the ri g ht to continue to employ signs of its1 choice upon the Condominium premises in its efforts to market and sell
the Homes. Incident-to the rights and privileges provided for herein,the officers, employees, agents, contractors, guests and invitees ofthe Sponsor, its successors and assigns, shall-have the right of ingressand egress to and throughout the common elements of the Condominium.The last two paragraphs of this Article VIII may not be modified oramended without the written consent of the Sponsor so long as the
I Sponsor continues to own one or more unsold Homes.
ARTICLE IX. DEFAULT
In the event a Home Owner does not pa y any sums, charges ora ssessments required to be paid when due; the Board of Managers or
. Manager, acting in behalf of the Board shall notify the Home Ownerand the mortgagee, if any, of such Home. In such an instance theBoard may, at its sole option, declare the common charce assessmenton said Home Owner's Home for the balance of the fiscal year im 7
I
mediately due and payable. Prior to making any such declaration- following a default, the Board shall send notice to the delinquentHome Owner and the mortgagee, if an y , of such Home, giving theHome Owner a five day grace period in which to make his payment.Th p Rnp rA r... ,Inmn-,... .1-- , n- , ,,___
192
than twenty dollars to cover the additional burden to the Boardoccasioned by the lack of timely payment. Interest at the rate ofsix percent (6%) per annum may also be collected by the Board onthe common charge assessment from its due date to the date paymentis actually received from the Home Owner. If any sum, charge orassessment shall remain unpaid for 90 days after the giving ofnotice by the Board of Managers, or Managers, acting in behalf ofthe Board, that the payment is overdue, the Board may foreclose thelien encumbering the Home as a result of the non-payment of therequired monies set forth in the Declaration (subject to the lienof any first mortgage), in the same manner as the foreclosure ofa mortgage. In the event the owner of a Home does not pay theassessment required to be paid by him within ninety (90) days ofits due date, said sum shall bear interest at the rate of sixpercent (6%) per annum from its due date and said Home Owner shall beliable for the Condominium's reasonable costs and reasonableattorney's fees incurred by it incident to the collection or en-forcement of such lien.
Each Home Owner, for himself, his heir, successors and assignsagrees to the foregoing provisions relating to default, regardlessof the harshness of the remedy available to the Condominium andregardless of the availability of other, equally adequate legalprocedures. It is the intent of all Home Owners to give the Con-dominium a method and procedure which will enable it at all timesto operate on a business-like basis, to collect those monies dueand owing it from the Home Owners and to preserve each Home Owner'sright to enjoy his Home free from unreasonable restraint.
ARTICLE X. AMENDMENTS
These By-Laws may be altered, amended or added to at any dulycalled Home Owners meeting; provided: (1) that the notice of themeeting shall contain a full statement of the proposed amendment;(2) that the amendment shall be approved by eighty percent (80%)of the Home Owners in number and common interest and (3) saidamendment shall be set forth in a duly recorded amendment to theDeclaration. However, no amendment shall affect or impair thevalidity or priority of the Home Owner's interest and the in-terests of holders of a mortgage encumbering a Home or Homes.
ARTICLE XI. SELLING, MORTGAGING AND LEASING HOMES
Section 1. Selling and Leasing of Homes. No Home Owner mayconvey his Home or any interest therein by sale or lease except inthe manner set forth in this section.
Any Home Owner who receives a bona fide offer for the sale orlease of his Home and who desires to accept such offer shall givewritten notice by registered mail to the Board of Managers ofsuch offer and such intention together with the name and addressof the proposed purchaser or lessee and the terms of the sale orlease, together with an offer to sell or lease such Home to theBoard of Managers on the same terms and conditions as containedin such offer. The giving of such notice shall constitute a
193 -
warranty and representation by the Home Owner to the Board of Managersthat the Home Owner has received such offer, believes it to be bona fide,and intends to accept it.
Immediately upon receipt of such notice, the Board shall call aspecial Home Owners meeting to be held no more than five days after thereceipt of such a notice for the purpose of voting upon the offer containedin such notice. Within 10 days after receipt of such notice, the Boardmay elect to purchase or lease such Home by giving written notice by regis-tered mail to such Home Owner of its intention to buy or lease such Homeon the same terms and conditions as contained in the offer and as statedin the notice from the Home Owner. In the event the Board shall elect topurchase or lease such Home, the closing of title or lease shall be heldat the office of the attorneys for the Condominium 45 days after thegiving of notice by the Board of its election to accept said offer. Inthe event the Home is being sold, the Home Owner shall deliver at theclosing a duly executed bargain and sale deed with covenant againstgrantor's acts in form and substance similar to the standard form of theNew York Board of Title Underwriters. In the event the Home is beingleased, then at the closing the Home Owner shall execute and deliver tothe Board a lease on the same terms and conditions contained in the offerand notice sent by the Home Owner.
In the event the Board shall fail to accept said offer as aforesaid,- the Home Owner shall be free to contract to sell or lease such Home fora period of 60 days after the expiration of the period in which theBoard might have accepted such offer, to the offerer whose name appears inthe notice and on the same terms and conditions as set forth in such no-_tice. In the event of sale of the Home resulting from a failure of theBoard to accept such offer, the deed conveyed to the purchaser shall pro-vide that the grantee upon acceptance of the deed assumes all of the pro-visions of the Declaration and these By-Laws. In the event of a leaseof the. Home resulting from a failure of the Board to accept such offer,the lease conveyed to the lessee shall be consistent with the Declarationand these By-Laws and shall provide that it may not be modified, amended,extended, assigned or sublet without the prior consent in writing ofthe Board of Managers. Except as set forth herein, the form of suchlease shall be the then current form of a private dwelling house leaserecommended by the Real Estate Board of New York, Inc. with only suchmodifications as shall be approved in writing by the Board of Managers.In the event the Home Owner shall not sell or lease the Home withinsuch 60 day period, then he shall be again required to comply with allof the terms and provisions of this section before offering the homefor sale or lease.
In order to purchase or lease any Home offered for sale or leasein accordance with this section, the affirmative vote of at least 80%of all the Home Owners cast at a special meeting called by the Boardof Managers shall be necessary.
No Home Owner shall in any event convey, mortgage, pledge,1. hypothecate, sell or lease his Home unless and until all unpaid
common charges assessed against his Home shall have been paid tothe Board of Managers. However, such unpaid common charges canbe paid out of the proceeds from the sale of a Home or by thegrantee. Further, a Home Owner may convey his Home and his com-_
mon interest appurtenant thereto, to the Board of Managers on 194
behalf of all Home Owners free of any cost to the Board or theHome Owners and upon such conveyance such Home Owner shall not beliable for any common charges thereafter accruing against suchHome.
Any sale or lease of any Home in violation of this sectionshall be voidable at the election of the Board.
In the event that the Board shall elect to purchase or leaseany such Home, the Board may thereupon assess all other HomeOwners for the cost of such purchase or lease. Such assessmentshall be a common charge apportioned among the other Home Ownerspro-rata according to the respective common interests appurtenantto the Homes owned by such Home Owners and shall be payable bythem within thirty (30) days of the notice of such assessment.
In the event the Board shall not elect to purchase or leaseany such Home in accordance with the provisions of this section,then, on the request of the Home Owner offering such Home forsale or lease, the Board shall issue a written statement attestingto the fact that such offer was made and declined by the Boardand includ 4 rig therein the terms and conditions of such offer.
The provisions of this section shall not apply to the ac-quisition or sale of a Home by a mortgagee who shall acquiretitle to such Home by foreclosure or by deed in lieu of fore-closure. Such provisions shall, however, apply to any purchaserfrom such mortgagee. The provisions of this section shall notapply to a Home owned by the Sponsor or its designee until a deedto such Home has been delivered to a purchaser thereof.
Whenever the term "Home" is referred to in this section, itshall include the Home, the Home Owner's undivided interest inthe common elements and the Home Owner's interest in any Homesacquired by the Board of Managers.
Section 2. Waiver of Partition Rights. The Home Owners waiveall of their voting rights concerning partition respecting anyHome acquired by the Board of Managers in accordance with thisArticle.
Section 3. Mortgaging of Homes. No Home Owner shall mortgagehis Home except by a mortgage loan granted by a federal or statesavings and loan association, savings or commercial bank, life in-surance company, pension fund, trust company, agency of the UnitedStates Government or of the State or City of New York, or otherinstitutional lender or a purchase money mortgage loan granted bythe Seller.
Section 4. Gifts, etc. Any Home Owner may convey or transferas Home by gift during his lifetime or devise his Home by will)r pass the same by intestacy, without restriction.
,RTICLE XII. CONDEMNATION
In the event all or part of the common elements are taken incridemmation or eminent domain proceedings, the award from such
195proceedings shall be paid to the Insurance Trustee if the awardis more than $60,000 and to the Board of Managers if the award is$60,000 or less, to be distributed in accordance with Section 3of Article VII but in the following amounts:
(a) so much of the award as is applicable to unrestrictedcommon elements, to the Home Owners pro-rata according to the re-spective common interests appurtenant to the Homes owned by suchHome Owners.
(b) so much of the award as is applicable to irrevocably re-stricted common elements, if any, to the Home Owner having generaluse of such common element.
In such eminent domain or condemnation proceeding, the Boardshall request that the award shall set forth the amount allocatedto unrestricted common elements and, if applicable, to eachirrevocably restricted common element. In the event the awarddoes not set forth such allocation, then the question of suchallocation shall be submitted to arbitration in accordance withthe Arbitration Statutes of the State of New York.
ARTICLE XIII. ADDITIONS, ALTERATIONS OR IMPROVEMENTSBY HOME OWNERS
No Home Owner shall make any structural addition, alterationor improvement in or to his Home without the prior written con-sent thereto of the Board of Managers. The Board of Managersshall have the obligation to answer any written request by aHome Owner for approval of a proposed structural addition, alter-ation or improvement in such Home Owner's Home within thirty (30)days after such request, and failure to do so within the stipu-lated time shall constitute a consent by the Board of Managersto the proposed addition, alteration or improvement. Any ap-plication to any real estate department or to any other govern-mental authority for a permit to make an addition, alterationor improvement in or to any Home shall be executed by the Boardof Managers only, without, however, incurring any liability onthe part of the Board of Managers or any of them to any contrac-tor, subcontraCtor or materialman on account of such addition,alteration or improvement, or to any person having any claim forinjury to person or damage to property arising therefrom. Theprovisions of this Article shall not apply to a Home owned bythe Sponsor or its designee until a deed to such Home has beendelivered to a purchaser thereof.
ARTICLE XIV. MISCELLANEOUS
Section 1. Insurance. Under no circumstances shall a HomeOwner permit or suffer anything to be done or left in his Homewhich will increase the insurance rates on his Home or any otherHome on the common elements.
Section 2. Severability. Should any of the covenants, termsor provisions herein imposed be void or become unenforceable bylaw or in equity, the remaining provisions of these By-Laws shall,nevertheless, be and remain in full force and effect.
196Section 3. Notice to Condominium. A Home Owner who mortgages
his Home, shall notify the Condominium through the ManagementAgent, if any, or the President of the Board of Managers in theevent there is no Management Agent, of the name and address of hismortgagee; and the Board of Managers shall maintain such informa-tion in a book entitled "Mortgagees of Homes."
Section 4. Notice of Unpaid Assessments. The Board ofManagers shall at the request of a mortgagee of a Home, reportany unpaid assessments due from the Home Owners of such Home.
Section 5. Examination of Books and Records. Every Home Owneror his representative and mortgagee shall be entitled to examinethe books and records of the Condominium at reasonable times uponnotice to the Board of Managers.
Section 6. Construction. Whereover the masculine singularform of the pronoun is used in these By-Laws, it shall be con-strued to mean masculine, feminine or neuter; singular or plural;wherever the context so requires.
Section 7. Compliance with Article 9-B. These By-Laws are setforth to comply with the requirements of Article 9-B of the RealProperty Laws of the State of New York. In case any of these By-Laws conflict with the provisions of said Statute or of the Dec-laration, the provisions of the Statute or of the Declaration,whichever the case may be, shall control.
I
80sms682
THIRDAMENDMENT TO
DECLARATION OF CONDOMINIUMAND BY-LAWS
Premises known as
HAYDEN ON THE HUDSON4455 Douglas Avenue
Riverdale, Bronx, New York 10463
Pursuant to Article 9-B of the Real PropertyLaw of the State of New York
Name: HAYDEN ON THE HUDSON CONDOMINIUM
Date of Amendment: February 24, 1993
Prepared by: Stuart M. Saft, Esq.WOLF HALDENSTEIN ADLER FREEMAN & HERZ270 Madison AvenueNew York, New York 10016
The land affected by the within instrumentlies in Section 19, Block 5923, Lots 1075-1177
on the Tax Map of New YorkCity and State of New York
6k41Ns.01.4 Notary Public
80sms682
THIRDAMENDMENT TO
DECLARATION OF CONDOMINIUMAND BY-LAWS OF
HAYDEN ON THE HUDSON CONDOMINIUM
Hayden On The Hudson Condominium, with an address at 4455Douglas Avenue, Riverdale, New York 10463;
NOTICE IS HEREBY GIVEN that at the Annual Meeting of theHome Owners of Hayden On The Hudson Condominium held on July 1,1992, the Home Owners adopted the following amendments to theCondominium By-Laws:
1. Amend and Restate Article VI, Section 2 of the By Lawsas indicated on the attached Exhibit.
2. Amend and Restate Article IX of the By Laws asindicated on the attached Exhibit.
The original Declaration of Condominium and By-Laws weremade by Hayden Place Apartments on March 29, 1978 and recorded onApril 11, 1978 in Reel 357, page 1684 of the City Register inBronx County, which Declaration was amended by an Amendmentrecorded on July 28, 1978 in Reel 367, Page 861 of the CityRegister of Bronx County, and was further amended by Amendmentdated April 30, 1979 and recorded on March 11,1980 in Reel 413,Page 833 of the City Register in Bronx County.
This Amendment was authorized by a vote of over 80% of theHome Owners in number and common interests as required by the By-Laws.
HAYDEN ON THE HUDSON CONDOMINIUM
Secretary
STATE OF NEW YORK )) SS:
COUNTY OF bkoli4 )kti
. On the "0-16) day of February, 1993 before me personally came$ s Lf 1.1 AtAV to me known, who, being by me duly
sworn, did depose and say that he resides at 4455 Douglas Avenue,Bronx, New York; that he is the Secretary for the Board ofManagers of Hayden On The Hudson Condominium, the unincorporatedassociation described in and which executed the foregoinginstrument; that he has signed by order of the Board of Managersof said association.
LEONARD MARGIDNotary PubIle, State of New Yolk
No. 03-2527100Quntlfled In Bronx County
rtitleate Wed In New York CountIIvonwnission EXIthet Jan. 31,199
80sms633
HAYDEN ON THE HUDSON CONDOMINIUM
AMENDMENTS TO BY-LAWS
ARTICLE VI. FINANCES
[Notes New language is underlined.)
Section 2. Assessments. The Board of Managers shall, fromtime to time, but at least annually, fix and determine the budgetrepresenting the sum or sums necessary and adequate for thecontinued operation of the Condominium and shall send a copy ofthe budget and any supplement to the budget to every Home Ownerand mortgagee. They shall determine the total amount required,including the operational items such as insurance, repairs,reserves, betterments, maintenance of the common elements, andother operating expenses as well as charges to cover any deficitsfrom prior years. The total annual requirements shall beassessed as a single sum against all Homes and pro-rated againsteach of said Homes according to the respective common interestsappurtenant to such Home. This proration of assessments shallremain constant regardless of the percentage of the buildingsquare footage included in each Home or the common elementsrestricted to the use of the Home Owner of said Home. All ofsaid assessments shall be payable monthly in advance as orderedby the Board of Managers. In the event of a default in thepayment of a monthly common charge assessment by any Home Owner,the Board, at its sole option, may declare the common chargeassessment on said Home Owner's Home for the balance of thefiscal year immediately due and payable. Prior to making anysuch declaration following a default, the Board shall send noticeto the delinquent Home Owner and the mortgagee, if any, of suchHome giving the Home Owner a five day grace period in which tomake his payment. The Board may charge the delinquent Home Ownera fee of not more than twenty dollars the first month and $50 permonth for each additional month that the common charge orassessment remains unpaid to cover the additional burden to theBoard occasioned by the lack of timely payment. Interest mayalso be collected on the common charge assessment from its duedate to the date payment is actually received. Specialassessments, should such be required, shall be levied and paid inthe same manner as hereinabove provided for regular assessments.The Home Owner agrees to pay promptly when due the monthly andall special assessments assessed against his own Home. Any HomeOwner who fails to timely pay any assessment imposed by theCondominium upon his Home to meet any community expense shall beliable for any expenses incurred by the Condominium in collectingsaid assessment, including interest at the rate of 2% per month from the due date of any unpaid assessment, and reasonableattorney's fees. The Board shall take action to collect anycommon charges due from any Home Owner which remain unpaid 30days from its due date by way of foreclosure of the lien on such
Home in accordance with Section 339 of the Real Property Law or _by a suit to recover a money judgment. A suit to recover a moneyjudgment for unpaid common charges shall be maintainable withoutforeclosing or waiving the lien securing the same.
No Home Owner shall be liable for any common charges whichaccrue against his own Home subsequent to a sale, transfer, orother conveyance by him or his Home in accordance with these By-Laws and the Declaration. A purchaser of a Home (including amortgagee or a purchaser at a foreclosure sale) shall be liablefor the payment. of all common charges assessed against the Homeand unpaid at the time of the purchase.
ARTICLE IX. DEFAULT
In the event a Home Owner does not pay any sums, charges orassessments required to be paid when due, the Board of Managersor Manager, acting in behalf of the Board shall notify the HomeOwner and the mortgagee, if any, of such Home. In such aninstance the Board may, at its sole option, declare the commoncharge or assessment on said Home Owner's Home for the balance ofthe fiscal year immediately due and payable. Prior to making anysuch declaration following a default, the Board shall send noticeto the delinquent Home Owner and the mortgagee, if any, of suchHome, giving the Home Owner a five day grace period in which tomake his payment. The Board may charge the delinquent Home Ownera fee of not more than twenty dollars the first month and $50 permonth for each additional month that the common char ge or assessment remains unpaid to cover the additional burden to theBoard occasioned by the lack of timely payment. Interest at therate of two percent (2%) per month may also be collected by theBoard on the common charge or assessment from its due date to thedate payment is actually received from the Home Owner. If anysum, charge or assessment shall remain unpaid for 30 days afterthe giving of notice by the Board of Managers, or Manager, actingin behalf of the Board, that the payment is overdue, the Boardmay foreclose the lien encumbering the Home as a result of thenon-payment of the required monies set forth in the Declaration(subject to the lien of any first mortgage) in the same manner asthe foreclosure of a mortgage. In the event the owner of a Homedoes not pay the assessment, required to be paid by him withinthirty (30) days of its due date, said sum shall bear interest atthe rate of two percent (2%) per month from its due date and saidHome Owner shall be liable for the Condominium's reasonable costsand reasonable attorney's fees incurred by it incident to thecollection or enforcement of such lien.
Each Home Owner, for himself, his heir, successors andassigns agrees to the foregoing provisions relating to default,regardless of the harshness of the remedy available to theCondominium and regardless of the availability of other, equallyadequate legal procedures. It is the intent of all Home Owners
-2-
to give the Condominium a method and procedure which will enableit at all times to operate on a business-like business, tocollect those monies due and owing it from the Home Owner and topreserve each Home Owner's right to enjoy his Home free fromunreasonable restraint.
Michael J. W lfe
STATE OF NEW YORK) SS.:
COUNTY OF NEW YORK
Michael J. Wolfe, being duly sworn, deposes and says:That he is the managing agent of Hayden-on-Hudson Condominium.,and has offices at 1 West 64th Street, New York, N.Y.: that onthe sixteenth day of April 1993, he caused a notice of the changeof the Third Amendment to Declaration of Condominium By-Laws ofHayden-on-Hudson Condominium, a copy of which is attachedhereto, (a) to be delivered to each owner of record of saidHayden-on-Hudson Condominium at the main building, 4455 DouglasAvenue, Riverdale, N.Y., for which such address was the lastknown address of such Owners as the same appeared on the books ofsaid Condominium Association, and (b) for such Shareholders whohave another address appearing on the books of the Corporation,caused such notice to be mailed to such Shareholders bydepositing in a mailbox maintained by the U.S. Postal Service, anenvelope containing such notice, addressed to such Shareholdersat their last known addresses, with proper postage applied.
Subscribed and sworn to before methis 21st day of April, 1993
ROSA BLSNOTARY PUBLIC, State of Nt'
a.uNo. 03-473283fre In Bronx Corft
Coreo txpira May 3D, 1
Recycled/RecyclablePrinted with vegetable oil based inks on recycled paper (minimum 50% postconsumer) process chlorine free.
If you think your home has high levels of lead:
� Get your young children tested for lead, even ifthey seem healthy.
� Wash children’s hands, bottles, pacifiers, and toysoften.
� Make sure children eat healthy, low-fat foods.
� Get your home checked for lead hazards.
� Regularly clean floors, window sills, and other surfaces.
� Wipe soil off shoes before entering house.
� Talk to your landlord about fixing surfaces withpeeling or chipping paint.
� Take precautions to avoid exposure to lead dustwhen remodeling or renovating (call 1-800-424-LEAD for guidelines).
� Don’t use a belt-sander, propane torch, hightemperature heat gun, scraper, or sandpaper onpainted surfaces that may contain lead.
� Don’t try to remove lead-based paint yourself.
Simple Steps To Protect Your Family From Lead Hazards
ProtectYourFamilyFromLead InYourHome
United States EnvironmentalProtection Agency
United StatesConsumer ProductSafety Commission
United StatesDepartment of Housingand Urban Development
Many houses and apartments built before 1978 havepaint that contains high levels of lead (called lead-based paint). Lead from paint, chips, and dust can
pose serious health hazards if not taken care of properly.
OWNERS, BUYERS, and RENTERS areencouraged to check for lead (see page 6)before renting, buying or renovating pre-1978 housing.
Federal law requires that individuals receive certain information before renting, buying, or renovating pre-1978 housing:
LANDLORDS have to disclose known infor-mation on lead-based paint and lead-basedpaint hazards before leases take effect.Leases must include a disclosure aboutlead-based paint.
SELLERS have to disclose known informa-tion on lead-based paint and lead-basedpaint hazards before selling a house. Salescontracts must include a disclosure aboutlead-based paint. Buyers have up to 10days to check for lead.
RENOVATORS disturbing more than 2 squarefeet of painted surfaces have to give youthis pamphlet before starting work.
Are You Planning To Buy, Rent, or Renovatea Home Built Before 1978?
IMPORTANT!
Lead From Paint, Dust, andSoil Can Be Dangerous If Not
Managed Properly
FACT: Lead exposure can harm young children and babies even before theyare born.
FACT: Even children who seem healthy canhave high levels of lead in their bodies.
FACT: People can get lead in their bodies bybreathing or swallowing lead dust, or byeating soil or paint chips containinglead.
FACT: People have many options for reducinglead hazards. In most cases, lead-basedpaint that is in good condition is not ahazard.
FACT: Removing lead-based paint improperlycan increase the danger to your family.
If you think your home might have lead hazards, read this pamphlet to learn some
simple steps to protect your family.
1
2
People can get lead in their body if they:
� Breathe in lead dust (especially duringrenovations that disturb painted surfaces).
� Put their hands or other objects covered with lead dust in their mouths.
� Eat paint chips or soil that containslead.
Lead is even more dangerous to childrenunder the age of 6:
� At this age children’s brains and nervoussystems are more sensitive to the dam-aging effects of lead.
� Children’s growing bodies absorb morelead.
� Babies and young children often puttheir hands and other objects in theirmouths. These objects can have leaddust on them.
Lead is also dangerous to women ofchildbearing age:
� Women with a high lead level in theirsystem prior to pregnancy would exposea fetus to lead through the placentaduring fetal development.
Lead Gets in the Body in Many Ways
Childhoodlead poisoningremains amajor environmen-tal healthproblem inthe U.S.
Even childrenwho appearhealthy canhave danger-ous levels oflead in theirbodies.
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Lead’s Effects
It is important to know that even exposureto low levels of lead can severely harm children.
In children, lead can cause:
� Nervous system and kidney damage.
� Learning disabilities, attention deficitdisorder, and decreased intelligence.
� Speech, language, and behavior problems.
� Poor muscle coordination.
� Decreased muscle and bone growth.
� Hearing damage.
While low-lead exposure is most common, exposure to high levels of lead can have devastating effects onchildren, including seizures, uncon-sciousness, and, in some cases, death.
Although children are especially susceptible to lead exposure, lead can be dangerous for adults too.
In adults, lead can cause:
� Increased chance of illness duringpregnancy.
� Harm to a fetus, including brain damage or death.
� Fertility problems (in men and women).
� High blood pressure.
� Digestive problems.
� Nerve disorders.
� Memory and concentration problems.
� Muscle and joint pain.
Brain or Nerve Damage
Slowed Growth
Hearing Problems
ReproductiveProblems(Adults)
DigestiveProblems
Lead affectsthe body inmany ways.
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Many homes built before 1978 have lead-based paint. The federal governmentbanned lead-based paint from housing in1978. Some states stopped its use evenearlier. Lead can be found:
� In homes in the city, country, or suburbs.
� In apartments, single-family homes, andboth private and public housing.
� Inside and outside of the house.
� In soil around a home. (Soil can pick uplead from exterior paint or other sourcessuch as past use of leaded gas in cars.)
To reduce your child's exposure to lead,get your child checked, have your hometested (especially if your home has paintin poor condition and was built before1978), and fix any hazards you may have.Children's blood lead levels tend to increaserapidly from 6 to 12 months of age, andtend to peak at 18 to 24 months of age.
Consult your doctor for advice on testingyour children. A simple blood test candetect high levels of lead. Blood tests areusually recommended for:
� Children at ages 1 and 2.
� Children or other family members whohave been exposed to high levels of lead.
� Children who should be tested underyour state or local health screening plan.
Your doctor can explain what the test resultsmean and if more testing will be needed.
Get yourchildren andhome testedif you thinkyour homehas high lev-els of lead.
Checking Your Family for Lead
Where Lead-Based Paint Is Found
In general,the older yourhome, themore likely ithas lead-based paint.
Lead-based paint is usually not a hazard ifit is in good condition, and it is not on animpact or friction surface, like a window. Itis defined by the federal government aspaint with lead levels greater than or equalto 1.0 milligram per square centimeter, ormore than 0.5% by weight.
Deteriorating lead-based paint (peeling,chipping, chalking, cracking or damaged)is a hazard and needs immediate attention.It may also be a hazard when found on sur-faces that children can chew or that get alot of wear-and-tear, such as:
� Windows and window sills.
� Doors and door frames.
� Stairs, railings, banisters, and porches.
Lead dust can form when lead-based paint is scraped, sanded, orheated. Dust also forms when painted surfaces bump or rub togeth-er. Lead chips and dust can get on surfaces and objects that peopletouch. Settled lead dust can re-enter the air when people vacuum,sweep, or walk through it. The following two federal standards havebeen set for lead hazards in dust:
� 40 micrograms per square foot (µg/ft2) and higher for floors,including carpeted floors.
� 250 µg/ft2 and higher for interior window sills.
Lead in soil can be a hazard when children play in bare soil orwhen people bring soil into the house on their shoes. The followingtwo federal standards have been set for lead hazards in residentialsoil:
� 400 parts per million (ppm) and higher in play areas of bare soil.
� 1,200 ppm (average) and higher in bare soil in the remainder ofthe yard.
The only way to find out if paint, dust and soil lead hazards exist isto test for them. The next page describes the most common meth-ods used.
Lead frompaint chips,which youcan see, andlead dust,which youcan’t alwayssee, can bothbe serious hazards.
Identifying Lead Hazards
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You can get your home tested for lead inseveral different ways:
� A paint inspection tells you whether yourhome has lead-based paint and where itis located. It won’t tell you whether or notyour home currently has lead hazards.
� A risk assessment tells you if your homecurrently has any lead hazards from leadin paint, dust, or soil. It also tells you whatactions to take to address any hazards.
� A combination risk assessment andinspection tells you if your home has any lead hazards and if your home hasany lead-based paint, and where thelead-based paint is located.
Hire a trained and certified testing profes-sional who will use a range of reliablemethods when testing your home.
� Visual inspection of paint condition and location.
� A portable x-ray fluorescence (XRF)machine.
� Lab tests of paint, dust, and soilsamples.
There are state and federal programs inplace to ensure that testing is done safely,reliably, and effectively. Contact your stateor local agency (see bottom of page 11) formore information, or call 1-800-424-LEAD(5323) for a list of contacts in your area.
Home test kits for lead are available, butmay not always be accurate. Consumersshould not rely on these kits before doingrenovations or to assure safety.
Checking Your Home for Lead
Just knowingthat a homehas lead-based paintmay not tellyou if there is a hazard.
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If you suspect that your house has leadhazards, you can take some immediatesteps to reduce your family’s risk:
� If you rent, notify your landlord ofpeeling or chipping paint.
� Clean up paint chips immediately.
� Clean floors, window frames, windowsills, and other surfaces weekly. Use amop or sponge with warm water and ageneral all-purpose cleaner or a cleanermade specifically for lead. REMEMBER:NEVER MIX AMMONIA AND BLEACHPRODUCTS TOGETHER SINCE THEYCAN FORM A DANGEROUS GAS.
� Thoroughly rinse sponges and mopheads after cleaning dirty or dustyareas.
� Wash children’s hands often, especial-ly before they eat and before nap timeand bed time.
� Keep play areas clean. Wash bottles,pacifiers, toys, and stuffed animals regularly.
� Keep children from chewing windowsills or other painted surfaces.
� Clean or remove shoes beforeentering your home to avoidtracking in lead from soil.
� Make sure children eat nutritious, low-fat meals high in iron and calcium, such asspinach and dairy products.Children with good diets absorbless lead.
What You Can Do Now To Protect Your Family
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In addition to day-to-day cleaning and goodnutrition:
� You can temporarily reduce lead hazardsby taking actions such as repairing dam-aged painted surfaces and planting grassto cover soil with high lead levels. Theseactions (called “interim controls”) are notpermanent solutions and will need ongo-ing attention.
� To permanently remove lead hazards,you should hire a certified lead “abate-ment” contractor. Abatement (or perma-nent hazard elimination) methodsinclude removing, sealing, or enclosinglead-based paint with special materials.Just painting over the hazard with regularpaint is not permanent removal.
Always hire a person with special trainingfor correcting lead problems—someonewho knows how to do this work safely andhas the proper equipment to clean up thoroughly. Certified contractors will employqualified workers and follow strict safetyrules as set by their state or by the federalgovernment.
Once the work is completed, dust cleanupactivities must be repeated until testingindicates that lead dust levels are below thefollowing:
� 40 micrograms per square foot (µg/ft2)for floors, including carpeted floors;
� 250 µg/ft2 for interior windows sills; and
� 400 µg/ft2 for window troughs.
Call your state or local agency (see bottomof page 11) for help in locating certifiedprofessionals in your area and to see iffinancial assistance is available.
Reducing Lead Hazards In The Home
Removinglead improperlycan increasethe hazard toyour familyby spreadingeven morelead dustaround thehouse.
Always use a professional whois trained toremove lead hazards safely.
Take precautions before your contractor oryou begin remodeling or renovating any-thing that disturbs painted surfaces (suchas scraping off paint or tearing out walls):
� Have the area tested for lead-basedpaint.
� Do not use a belt-sander, propanetorch, high temperature heat gun, dryscraper, or dry sandpaper to removelead-based paint. These actions createlarge amounts of lead dust and fumes.Lead dust can remain in your homelong after the work is done.
� Temporarily move your family (espe-cially children and pregnant women)out of the apartment or house until the work is done and the area is prop-erly cleaned. If you can’t move yourfamily, at least completely seal off thework area.
� Follow other safety measures toreduce lead hazards. You can find outabout other safety measures by calling 1-800-424-LEAD. Ask for the brochure“Reducing Lead Hazards WhenRemodeling Your Home.” This brochureexplains what to do before, during, and after renovations.
If you have already completed renova-tions or remodeling that could havereleased lead-based paint or dust, getyour young children tested and followthe steps outlined on page 7 of thisbrochure.
Remodeling or Renovating a Home WithLead-Based Paint
If not conductedproperly, certain typesof renova-tions canrelease leadfrom paintand dust intothe air.
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� Drinking water. Your home might haveplumbing with lead or lead solder. Callyour local health department or watersupplier to find out about testing yourwater. You cannot see, smell, or tastelead, and boiling your water will not getrid of lead. If you think your plumbingmight have lead in it:
• Use only cold water for drinking andcooking.
• Run water for 15 to 30 secondsbefore drinking it, especially if youhave not used your water for a fewhours.
� The job. If you work with lead, youcould bring it home on your hands orclothes. Shower and change clothesbefore coming home. Launder your workclothes separately from the rest of your family’s clothes.
� Old painted toys and furniture.
� Food and liquids stored in lead crystalor lead-glazed pottery or porcelain.
� Lead smelters or other industries thatrelease lead into the air.
� Hobbies that use lead, such as makingpottery or stained glass, or refinishingfurniture.
� Folk remedies that contain lead, such as“greta” and “azarcon” used to treat anupset stomach.
Other Sources of Lead
While paint, dust,and soil are themost commonsources of lead,other leadsources also exist.
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The National Lead Information CenterCall 1-800-424-LEAD (424-5323) to learnhow to protect children from lead poisoningand for other information on lead hazards.To access lead information via the web, visitwww.epa.gov/lead andwww.hud.gov/offices/lead/.
EPA’s Safe Drinking Water HotlineCall 1-800-426-4791 for information aboutlead in drinking water.
Consumer Product Safety Commission (CPSC) Hotline
To request information on lead inconsumer products, or to report anunsafe consumer product or a prod-uct-related injury call 1-800-638-2772, or visit CPSC's Web site at:www.cpsc.gov.
Health and Environmental AgenciesSome cities, states, and tribes havetheir own rules for lead-based paintactivities. Check with your local agency tosee which laws apply to you. Most agenciescan also provide information on finding alead abatement firm in your area, and onpossible sources of financial aid for reducinglead hazards. Receive up-to-date addressand phone information for your local con-tacts on the Internet at www.epa.gov/leador contact the National Lead InformationCenter at 1-800-424-LEAD.
For More Information
For the hearing impaired, call the Federal Information Relay Service at 1-800-877-8339 to access any of
the phone numbers in this brochure.
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EPA Regional Offices
Region 1 (Connecticut, Massachusetts,Maine, New Hampshire, Rhode Island,Vermont)
Regional Lead ContactU.S. EPA Region 1Suite 1100 (CPT)One Congress StreetBoston, MA 02114-2023 1 (888) 372-7341
Region 2 (New Jersey, New York,Puerto Rico, Virgin Islands)
Regional Lead ContactU.S. EPA Region 22890 Woodbridge AvenueBuilding 209, Mail Stop 225Edison, NJ 08837-3679(732) 321-6671
Region 3 (Delaware, Maryland,Pennsylvania, Virginia, Washington DC,West Virginia)
Regional Lead ContactU.S. EPA Region 3 (3WC33)1650 Arch StreetPhiladelphia, PA 19103(215) 814-5000
Region 4 (Alabama, Florida, Georgia,Kentucky, Mississippi, North Carolina,South Carolina, Tennessee)
Regional Lead ContactU.S. EPA Region 461 Forsyth Street, SWAtlanta, GA 30303(404) 562-8998
Region 5 (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin)
Regional Lead ContactU.S. EPA Region 5 (DT-8J)77 West Jackson BoulevardChicago, IL 60604-3666(312) 886-6003
EPA Regional Offices
Region 6 (Arkansas, Louisiana, NewMexico, Oklahoma, Texas)
Regional Lead ContactU.S. EPA Region 61445 Ross Avenue, 12th FloorDallas, TX 75202-2733(214) 665-7577
Region 7 (Iowa, Kansas, Missouri,Nebraska)
Regional Lead ContactU.S. EPA Region 7(ARTD-RALI)901 N. 5th StreetKansas City, KS 66101(913) 551-7020
Region 8 (Colorado, Montana, NorthDakota, South Dakota, Utah, Wyoming)
Regional Lead ContactU.S. EPA Region 8999 18th Street, Suite 500Denver, CO 80202-2466(303) 312-6021
Region 9 (Arizona, California, Hawaii,Nevada)
Regional Lead Contact U.S. Region 975 Hawthorne StreetSan Francisco, CA 94105(415) 947-4164
Region 10 (Alaska, Idaho, Oregon,Washington)
Regional Lead ContactU.S. EPA Region 10Toxics Section WCM-1281200 Sixth AvenueSeattle, WA 98101-1128(206) 553-1985
Your Regional EPA Office can provide further information regard-ing regulations and lead protection programs.
CPSC Regional Offices
Eastern Regional CenterConsumer Product Safety Commission201 Varick Street, Room 903New York, NY 10014(212) 620-4120
Central Regional CenterConsumer Product Safety Commission230 South Dearborn Street, Room 2944Chicago, IL 60604(312) 353-8260
Western Regional CenterConsumer Product Safety Commission1301 Clay Street, Suite 610-NOakland, CA 94612(510) 637-4050
HUD Lead Office
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Please contact HUD's Office of Healthy Homes and Lead HazardControl for information on lead regulations, outreach efforts, andlead hazard control and research grant programs.
U.S. Department of Housing and Urban DevelopmentOffice of Healthy Homes and Lead Hazard Control451 Seventh Street, SW, P-3206Washington, DC 20410(202) 755-1785
Your Regional CPSC Office can provide further information regard-ing regulations and consumer product safety.
U.S. EPA Washington DC 20460 EPA747-K-99-001U.S. CPSC Washington DC 20207 June 2003U.S. HUD Washington DC 20410
This document is in the public domain. It may be reproduced by an individual ororganization without permission. Information provided in this booklet is basedupon current scientific and technical understanding of the issues presented andis reflective of the jurisdictional boundaries established by the statutes governingthe co-authoring agencies. Following the advice given will not necessarily pro-vide complete protection in all situations or against all health hazards that canbe caused by lead exposure.