On August 11, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
The Board Of Managers Of Kensico Arms Condominium, A Condominium Created Pursuant To Article 9-B Of The Real Property Law, On Behalf Of Its Unit Owners,
and
Frances Sorrentino,
for Commercial - Contract
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 11/01/2022 02:14 PM INDEX NO. 63399/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/01/2022
"D"
EXHIBIT
FILED: WESTCHESTER COUNTY CLERK 11/01/2022 02:14 PM INDEX NO. 63399/2022
INDEX NO. 63399/2022
FILED:
NYSCEF DOC.WESTCHESTER
NO. 13 COUNTY CLERK 08/11/2022 02:01 PH RECEIVED NYSCEF: 11/01/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/11/2022
that such proceeds are or are not sufficient to pay the estimated costs
of the work (as the case may be).
Section 4. Payment of Comon Charges. All Unit Owners shall
be obligated to pay the common charges assessed by the Board of Managers
pursuant to the provisions of Section 1 of this Article VI at such time
or times as the Board of Managers shall determine.
No Unit Owner shall be liable for the payment of any part of
the common charges assessed against his or her Unit subsequent to a
sale, transfer or other conveyance by him or her (made in accordance
with the provisions of Section 1 of Article VIII of these By-Laws) of
such Unit, together with the "Appurtenant as defined in Sec-
Interests",
tion 1 of Article VIII hereof. In addition,- any Unit Owner may, subject
to the terms and conditions specified in these By-Laws, provided that
his or her Unit is free and clear of liens and encumbrances other than
permissible mortgages and the statutory liens for unpaid common charges,
convey his or her Unit, together with the Appurtenant Interests to the
Board of Managers, or its designee, corporate or otherwise, on behalf of
all other Unit Owners, and in such event be exempt from connon charges
thereafter accruing. A purchaser of a Unit shall be liable for the pay-
ment of common charges assessed and unpaid against such Unit prior to
the acquisition by him or her of such Unit, except that, to the extent
permitted a mortgagee or other purchaser of a Unit at a foreclo-
by law,
sure sale of such Unit shall not be liable for, and such Unit shall not
be subject to a lien for, the payment of common charges assessed prior
to the foreclosure sale.
Section 5. Assessment Roll and Collection of Assessments. An
assessment roll shall be maintained in a set of accounting books duly
approved a certified public accountant in which there shall be an ac-
by
count for each Unit.
The Board of Managers shall take prompt action to collect any
common charge due from any Unit Owner which remains unpaid for more than
30 days after the due date for payment thereof.
Section 6. Default in Payment of Common Charges. In the
event any Unit Owner shall fail to make prompt payment of his or her
common charges, such Unit Owner shall be obligated to pay interest at
the highest legal rate on such unpaid common charges computed from the
attorneys'
due date thereof, together with all expenses, including fees,
paid or incurred by the Board of Managers in any proceeding brought to
collect such unpaid common charges or in an action to foreclose the lien
on such said unpaid Common charges. The Board of Man-
Unit arising from
agers shall have the right and obligation to attempt to recover such
common charges, together with interest thereon, and the expenses of the
attorneys' in an action to recover the same
proceeding, including fees
brought against such Unit Owner, or foreclosure of the lien on such
by
Unit granted by Section 339-z of the Real Property Law of the State of
New York, in the manner provided in Section 339-aa thereof.
Section 7. Foreclosure of Liens for Unpaid Common Charges.
In action brought the Board of Managers to foreclose a lien on a
any by
-115 -
Document Filed Date
November 01, 2022
Case Filing Date
August 11, 2022
Category
Commercial - Contract
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FILED: WESTCHESTER COUNTY CLERK 11/01/2022 02:14 PM INDEX NO. 63399/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/01/2022 "D" EXHIBIT FILED: WESTCHESTER COUNTY CLERK 11/01/2022 02:14 PM INDEX NO. 63399/2022 INDEX NO. 63399/2022 FILED: NYSCEF DOC.WESTCHESTER NO. 13 COUNTY CLERK 08/11/2022 02:01 PH RECEIVED NYSCEF: 11/01/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/11/2022 that such proceeds are or are not sufficient to pay the estimated costs of the work (as the case may be). Section 4. Payment of Comon Charges. All Unit Owners shall be obligated to pay the common charges assessed by the Board of Managers pursuant to the provisions of Section 1 of this Article VI at such time or times as the Board of Managers shall determine. No Unit Owner shall be liable for the payment of any part of the common charges assessed against his or her Unit subsequent to a sale, transfer or other conveyance by him or her (made in accordance with the provisions of Section 1 of Article VIII of these By-Laws) of such Unit, together with the "Appurtenant as defined in Sec- Interests", tion 1 of Article VIII hereof. In addition,- any Unit Owner may, subject to the terms and conditions specified in these By-Laws, provided that his or her Unit is free and clear of liens and encumbrances other than permissible mortgages and the statutory liens for unpaid common charges, convey his or her Unit, together with the Appurtenant Interests to the Board of Managers, or its designee, corporate or otherwise, on behalf of all other Unit Owners, and in such event be exempt from connon charges thereafter accruing. A purchaser of a Unit shall be liable for the pay- ment of common charges assessed and unpaid against such Unit prior to the acquisition by him or her of such Unit, except that, to the extent permitted a mortgagee or other purchaser of a Unit at a foreclo- by law, sure sale of such Unit shall not be liable for, and such Unit shall not be subject to a lien for, the payment of common charges assessed prior to the foreclosure sale. Section 5. Assessment Roll and Collection of Assessments. An assessment roll shall be maintained in a set of accounting books duly approved a certified public accountant in which there shall be an ac- by count for each Unit. The Board of Managers shall take prompt action to collect any common charge due from any Unit Owner which remains unpaid for more than 30 days after the due date for payment thereof. Section 6. Default in Payment of Common Charges. In the event any Unit Owner shall fail to make prompt payment of his or her common charges, such Unit Owner shall be obligated to pay interest at the highest legal rate on such unpaid common charges computed from the attorneys' due date thereof, together with all expenses, including fees, paid or incurred by the Board of Managers in any proceeding brought to collect such unpaid common charges or in an action to foreclose the lien on such said unpaid Common charges. The Board of Man- Unit arising from agers shall have the right and obligation to attempt to recover such common charges, together with interest thereon, and the expenses of the attorneys' in an action to recover the same proceeding, including fees brought against such Unit Owner, or foreclosure of the lien on such by Unit granted by Section 339-z of the Real Property Law of the State of New York, in the manner provided in Section 339-aa thereof. Section 7. Foreclosure of Liens for Unpaid Common Charges. In action brought the Board of Managers to foreclose a lien on a any by -115 -