Preview
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 . ..-- RECEIVED NYSCEF: 12/08/2022
E. THE UNITS AND THEIR DIMENSIONS
The percentage of interest in the common elements
applicable to each u.nit, as shown in Schedule A, was determined
the Sponsor based on the floor space of each unit on the
by
date. hereof subject to the location of such space and the add i-
factors of relative value to other space in the Condo-
tional
minium, the uniqueness of each unit, the availability of Common
for exclusive or shared and the overall dimen-
Elements use,
sions of each unit.
Each unit will consist of the space and have the
approximate dimensions indicated on the floor plans to be filed
in the Register's Office of the City of New York, New York
county. Copies of these plans may be examined at the Selling
Agent'S office.
The floor plans were prepared by STV/Michael Lynn &
Associates, Architects, and the Sponsor believes the layouts
and dimensions of the units as shown thereon to be accurate.
Sponsor will have no or to pur-
The liability responsibility
chasers, nor will any purchaser be relieved from his Purchase
Agreement, by reason of any insubstantial inaCCuracy or error
in the floor plans.
The total floor area of all the units is approxi-
mately 69,285 square feet. The approximate square foot area of
each unit is shown beginning at page PP-17.
Common Elements
Each unit owner will have an undivided interest in
the common elements in. the respective percentages set forth in
Schedule A beginning at page F-1.
The common elements consist of the land within the
boundaries of the Property and all parts of the Building other
than the units founda-
themselves, including, generally, the
tions, roofs and supports and all apparatus, installations,
systems, equipment and facilities therein for the common use of
the units and the unit owners or which are or conve-
necessary
nient for the existence, maintenance or safety of the Property.
The common elements are divided into three separate categories:
(1) the Residential Limited Common Elements, which serve or
benefit exclusively the apartment units or the apartment unit
owners; (ii) the Commercial Limited Common Elements, which
serve or Commercial Unit or the Commer-
benefit exclusively the
clal Unit Owner; and (iii) the General Common Elements, which
serve or benefit all the units and their respective owners.
Each apartment unit owner has the right to use and the
enjoy
Residential Limited Common Elements with all other apartment
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
unit ovners, and all unit owners have the right to use and
Common Elements with each on
enjoy the General jointly other.
Residential Limited Common Elements ing
va1
the Residential Limited Common Elements The
Generally,
include, among other things, the following: (i) all columns,
beams and supports and all interior walls cle
girders, load-bearing
located on and above the second (ii) those portions of doo
floor;
the walls floors 2 through 12 and ten
exterior enclosing numbered
14 through 22 and the Penthouse beyond the unit side of the fing
glass or concealed block work or The
other concrete structural
bali
members of those walls (subject to the right of the owners of
un11
the Commercial Unit and the owners of any units resulting from
the subdivision thereof to install and maintain fixtures and
equipment thereon); (iii) all window frames and sills on floor
a tE
numbered 2 through 12 and 14 through 22 and the Penthouse; (iv)
tion
all concrete floor slabs and ceilings and all fire staircases,
apar
landings and stairs located on and above the floor numbered 2;
sent
(v) fire staircases, landings and stairs to the extent any are
Mana
located below the floor numbered 2 and are for the exclusive
eleva. a
use of the residential portion of the Building; (vi) the
tors and elevator service corridors serving the apartment units
Boar<
(including their shafts, pits and machine rooms and the floor
se
slab below the elevator pits); (vii) the residential entrance
and on the ground floor of the (viii) employ-
lobby Building;
ees' apart
locker rooms and toilets, hallway, compactor room, meter
terra
rooms, and storage rooms in the cellar and all other portions
nance
of the cellar that are not part of and do not specificall y risdi
serve the Commercial Unit; (ix) the superintendent's apartment;
(x) the roofs (subject to the right of the Commercial Unit
Comme
owner to install and maintain equipment thereon); (xi) electric
closets and electric closet vestibules, passages and corridors .
on the floors numbered 2 through 12 and 14 through 22 and the
incluc
Penthouse; (xii) residential trash chute; (xiii) all passages
ley,1
and corridors, mechanical and other rooms , areas and spaces
Unit a
located in the Building serving exclusively the apartment units
and fa
and which are not General Common Elements or Commercial Limite
ducts
Common Elements or part of any unit; (xiv) laundry rooms; (xv) fit ex
terraces and balconies and (xvi) all other apparatus, installa
owner
equipment and facilities in the (in-
tions, systems, Building
cluding shafts, pipes, ducts, vents, cables, conduits and
Genera
lines) which serve or benefit exclusively the apartment units
or the apartment unit owners.
element
The terrace or balcony appurtenant to an apartment
Commerc
unit will be for the exclusive use of the apartment unit owner
things
and his guests, invitees and lessees; provided, however, if the Pro
more than one apartment unit is appurtenant to a terrace or
passage
balcony, the owners of all the appurtenant apartment units will
spaces
have an equal right to the use of the entire terrace or bal-
limited
cony; and further provided, that with respect to the terraces
girders
E-2
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
on the twenty-third the Board of Managers and its em-
floor,
ployees and licensees shall have an easement for the purpose of
ingress and egress to maintain and repair the water ele-
tank,
vators and other equipment located on the roof of the Building.
The apartment unit owner appurtenant to the terrace or balcony
will have the obligation of keeping the terrace or balcony
clean and free from ice and snow and the terrace or balcony
doors in good and if several apartment units are appur-
repair,
tenant such unit owners will have the joint of keep-
obligation
,ing the terrace or balcony clean and free from ice and snow.
'The cost of replacing terraces and balconies and terrace and
balcony doors, when necessary, will be paid by all apartment
unit owners as a common expense.
Apartment unit owners whose units are appurtenant to
a terrace or shall have the right to construct parti-
balcony
tions upon such terrace or balcony provided, however, that all
apartment unit owners affected a partition shall have con-
by
sented to it in writing and further provided, that the Board of
Managers approves the construction of the partition. The right
of apartment unit owners to construct partitions on the roof of
the Building will be subject to an easement in favor of the
Board of and its employees and for pur-
Managers, licensees,
poses of maintaining and repairing the water tank, elevator and
other equipment located on the roof of the Building. Any
apartment unit owner who wishes to construct a partition on his
terrace or shall with all applicable ordi-
balcony comply laws,
nances and regulations of governmental authorities ju-
having
risdictio - -eef.
C ercial Limited Common Eleme ts
Generally, the Commercial Limited Common Elements
include, among other things, the following: (i) the street
level and cellar entrances to and exits from the Commercial
Unit and (ii) all apparatus, installations, systems, equipment
and facilities in the Building (including shafts, pipes, wires,
and lines) which serve or bene-
ducts, vents, cables, conduits
fit exclusively the Commercial Unit or the Commercial Unit
owner. .
General Common Elements
The General Common Elements consist of all common
elements other than Residential Limited Common Elements and
Commercial Limited Common Elements, and include, among other
things, the following: (i) the land within the boundaries of
the Property; (ii) all foundations and footings; (iii) all
passages and corridors, mechanical and other rooms, areas and
spaces located in the Building serving the units which are not
limited common elements or part of any unit; (iv) all columns,
girders, beams, supports and interior load-bearing walls, to
E-3
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
the extent located below the floor numbered 2; and (v) all
other parts of the Building and the apparatus, installations,
systems and all equipment and facilities in the (in-
Building
cluding shafts, pipes, wires, ducts, vents, cables, conduits
and lines) .which serve or benefit or are or conve-
necessary
nient for the existence, maintenance or safety of all the
units.
The cost of maintaining, repairing and replacing the
General Common Elements and alterations or im-
any additions,
provements thereto will be borne by all the unit owners and
will be included in their common The cost of main-
charges.
taining, repairing and replacing the Residential Limited Common
Elements and any additions, alterations or improvements thereto
will be borne entirely by the apartment unit owners. The cost
of maintaining, repairing and replacing the Commercial Limited
Common Elements and any additions, alterations or improvements
thereto will be bo.rne entirely by the owner of the Commercial
Unit.
E-4
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
RIGHTS AND OBLIGATIONS OF UNIT OWNERS
un it AND BOARD OF MANAGERS
The Declaration, By-laws and Rules and Regulations of
be v4 * Condominium appear in Part II of this Plan and should be
the
m at reviewed by purchasers and their attorneys.
Sale or Lease of Units by Unit Owners
'''~
ly a
3m Each apartment unit owner has the right to sell or
Cs lease his unit (subject to the consent, if required, of his
ortgagee, if any) provided that he first gives to the Board of
days'
s , Managers 30 prior written notice of the terms of any bona
fide sale or lease which he desires to make. The failure of
the Board of Managers to act within such 30-day period will be
to constitute approval. If the Board of Managers disap-
7 deemed
proves the transaction, it will, within such 30-day period,
either (a) produce a purchaser or lessee who will purchase or
lease the unit upon the same terms as stated in the unit own-
er's notice to the Board of Managers or (b) agree to purchase
or lease the unit on behalf of all other unit.owners upon the
same terms as stated in the unit owner's notice to the Board of
Managers. The Board of Managers, however, may not purchase or
a unit without the approval of a of the apart-
lease majority
"majority" By-
ment unit owners (as such term is defined in the
laws). If the Board of Managers does not have sufficient funds
on hand for the purchase or lease of a unit which has been
approved by a majority of the apartment unit owners, the Board
of Managers may either borrow such funds or may assess the
apartment unit owners therefor in proportion to their respec-
tive common interests. If the Board of Managers does not ei-
ther produce a purchaser or lessee for the apartment unit, or
agree to purchase or lease the apartment unit on behalf of all
other apartment unit owners as set forth above, within the
aforesaid 30-day period, the unit owner will have the right to
consummate the sale or lease on the terms submitted to the
Board of as more set forth in the Dec-
Managers specifically
laration and By-laws.
An apartment unit owner's right to sell or lease his
unit will be further subject to his current in the pay-
being
ment of common charges and all other sums owed to the Board of
Managers.
Any lease of an apartment unit will be in the form
recommended by The Real Estate Board of New York Inc., except
as otherwise provided the
in By-laws.
Leases by unit owners will not be subject to the Rent
Laws.
W-1
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
nit for foreclosure by the Board of Managers of a lien f
statutory
e rs and in unpaid common charges, if the proceeds of the foreclosure
of the fund are not sufficient for the payment of such unpaid common
for the charges,.the unpaid balance will be charged to all unit ow
pay
tant is as a common expense. If there is surplus fr
any remaining
Fund"). the proceeds of a foreclosure sale after the payment of th·
to indebtedness, all the expenses of the sale and all other 1
only
sums unpaid against the unit, the surplus will be paid to the unit owns
ye arises
/'
3ayment of Repai rs; Access by Board of Managers
liens for
first All maintenance , repairs and replacements to the
>n a
1rges. . General Common Elements and the Residential Limited Common
Any
against Elements of the Condominium, whether located inside or outs
and
notice the units (unless necessitated by the negligence, misuse or
>f
r New York neglect of a unit owner or his tenants or agents), will be
thereon by the Board of Managers, and the cost thereof will be a co
date expense payable by all unit owners, except that the owner o
Å the
within the Commercial Unit will have no obligation for payment of
ad
lien part of the cost of maintenance , repairs or replacements of
Î such
of Residential Limited Common Elements. All maintenance, repa
e Board
and replacements to the units, whether structural or nonstr
manner as
tural, ordinary or extraordinary, other than to the General
action may
Common Elements and Residential Limited Common Eleme•nts con
1npai
tained therein, will be made by the respective unit owners
their expense. All maintenance, repairs and replacements o)
the Commercial Limited Common Elements will be made by the
owner of the Commercial Unit at its sole expense.
The Board of Managers will have the right of reasc
>ayment of
able access to any unit for the purpose of making any repair
or becoming
or replacements to any of the General Common Elements or Res
insfer or
- dential Limited Common Elements contained therein or elsewhe
in the Building or to remedy any condition which would resul
a by
in damage to any other unit or the common elements, or which
the By
would violate the provisions of any mortgage covering anothe
he terms
to. unit or for the purpose of complying with any laws, orders,
nit
to rules or regulations of any governmental body having jurisdi
emerits,
tion thereof. Such right of access will be exercised in suc.
manner as will not unreasonably interfere with the use of th
n v 1 be
units or with the normal conduct of business by the occupant
>urchaser
of the Commercial Unit, but no prior notice will be required
tun oa
a the event the Board of Managers determines that action is ims
aa
diately necessary for the preservation or safety of the Condc
i rst
unit minium or its property, or the units, or for the safety of
nd the
charges Condominium residents or other persons, or required to avoid
unon
he suspension of any necessary service to the Condominium.
a first
>y
foreclo-
t
Additions, Alterations and Improvements by Board of Managers
te date of
· fore-
at a
Whenever, in the judgment of the Board of Managers,
in charges
the General Common Elements require additions, alterations,
int of a
W-7
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
QQ.
BY-LAWS
The 315 Seventh Avenue Condominium
315 Seventh Avenue
New York, New York 10001
(Part 2 of the Declaration)
Kronish, Lieb, Weiner & Hellman
Attorneys for Sponsor
1345 Avenue of the Americas
New York, New York 10105
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
22
set forth in these By-laws (but subject to the terms and condi-
tions of leases of the Commercial Unit in effect from time to
time): (a) upon reasonable notice to the unit owner, to enter
the unit in which, or as to which, such violation or breach
exists and to summarily abate and remove, at the expense of the
defaulting unit owner, any structure, thing or condition that
may exist therein contrary to the intent and meaning of the
(provided,'
provisions hereof however, that no prior notice
shall be required in the event that the Board of Managers shall
determine that action is for the pres-
immediately necessary
ervation or safety of the Property or for the safety of the
residents of the Condominium or other persons or required to
avoid the suspension of service to the Condomin-
any necessary
ium); or (b) to enjoin, abate or remedy by appropriate legal
proceedings, either at law or in equity, the continuance of any
such breach.
Section 11. Maintenance and Repairs. (a) All main-
tenance of and repairs to structural or nonstruc-
any unit,
tural, ordinary or extraordinary, (other than maintenance of
and repairs to General Common Elements or Residential Lim-
any
ited Common Elements contained therein and not necessitated by
the negligence, misuse or neglect of the owner of such unit)
shall be made by the owner of such unit. Each unit owner shall
be responsible for all damages to any and all other units
and/or to the common elements that his failure so to do may
engender.
(b) All maintenance, repairs and replacements to the
General Common Elements, whether located inside or outside of
the units (unless necessi-tated by the negligence, misuse or
neglect of a unit owner, in which case such expense shall be
charged to such unit owner), shall be made by the Board of
Managers and be charged to all the unit owners as a common
expense.
(c) All maintenance, repairs and replacements to the
Residential Limited Common Elements, whether located inside or
outside of the units (unless necessitated by the negligence,
misuse or neglect of a unit owner, in which case, such expense
shall be charged to such unit owner), shall be made by the
Board of Managers and charged to all apartment unit owners as 0
common expense.
(d) All maintenance, repairs, and replacements to
the Commercial Limited Common Elements, whether structural or
non-structural, ordinary or extraordinary, will be made by the
owner of the Commercial Unit at its sole expense. .
QQ-27
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022
23
. Section 12. Limited Common Elements. The
1- limited
common elements are comprised of the Residential Limited Common
Elements and the Commercial Limited Common Elements, all of
which are defined and described in Paragraph 7 of the Declara-
tion.
the
t
Section 13. Use of Units. In order to provide for
congenial occupancy of the Property and for the protection of
the values of the units, the use of the shall be re-
Property
stricted to and shall be in accordance with the pro-
following
visions:
in- (a) The apartment units shall be used for residences
only, except that they may be used for professional offices by
a resident thereof with the prior written consent of the Board
any of if permitted While the or
Managers, by law. Sponsor its
designee owns any apartment unit, it shall have the right to
use such apartment unit for general and sales office purposes ,
ain-
as models and for other promotional purposes in connection with
Preview
FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 . ..-- RECEIVED NYSCEF: 12/08/2022 E. THE UNITS AND THEIR DIMENSIONS The percentage of interest in the common elements applicable to each u.nit, as shown in Schedule A, was determined the Sponsor based on the floor space of each unit on the by date. hereof subject to the location of such space and the add i- factors of relative value to other space in the Condo- tional minium, the uniqueness of each unit, the availability of Common for exclusive or shared and the overall dimen- Elements use, sions of each unit. Each unit will consist of the space and have the approximate dimensions indicated on the floor plans to be filed in the Register's Office of the City of New York, New York county. Copies of these plans may be examined at the Selling Agent'S office. The floor plans were prepared by STV/Michael Lynn & Associates, Architects, and the Sponsor believes the layouts and dimensions of the units as shown thereon to be accurate. Sponsor will have no or to pur- The liability responsibility chasers, nor will any purchaser be relieved from his Purchase Agreement, by reason of any insubstantial inaCCuracy or error in the floor plans. The total floor area of all the units is approxi- mately 69,285 square feet. The approximate square foot area of each unit is shown beginning at page PP-17. Common Elements Each unit owner will have an undivided interest in the common elements in. the respective percentages set forth in Schedule A beginning at page F-1. The common elements consist of the land within the boundaries of the Property and all parts of the Building other than the units founda- themselves, including, generally, the tions, roofs and supports and all apparatus, installations, systems, equipment and facilities therein for the common use of the units and the unit owners or which are or conve- necessary nient for the existence, maintenance or safety of the Property. The common elements are divided into three separate categories: (1) the Residential Limited Common Elements, which serve or benefit exclusively the apartment units or the apartment unit owners; (ii) the Commercial Limited Common Elements, which serve or Commercial Unit or the Commer- benefit exclusively the clal Unit Owner; and (iii) the General Common Elements, which serve or benefit all the units and their respective owners. Each apartment unit owner has the right to use and the enjoy Residential Limited Common Elements with all other apartment FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 unit ovners, and all unit owners have the right to use and Common Elements with each on enjoy the General jointly other. Residential Limited Common Elements ing va1 the Residential Limited Common Elements The Generally, include, among other things, the following: (i) all columns, beams and supports and all interior walls cle girders, load-bearing located on and above the second (ii) those portions of doo floor; the walls floors 2 through 12 and ten exterior enclosing numbered 14 through 22 and the Penthouse beyond the unit side of the fing glass or concealed block work or The other concrete structural bali members of those walls (subject to the right of the owners of un11 the Commercial Unit and the owners of any units resulting from the subdivision thereof to install and maintain fixtures and equipment thereon); (iii) all window frames and sills on floor a tE numbered 2 through 12 and 14 through 22 and the Penthouse; (iv) tion all concrete floor slabs and ceilings and all fire staircases, apar landings and stairs located on and above the floor numbered 2; sent (v) fire staircases, landings and stairs to the extent any are Mana located below the floor numbered 2 and are for the exclusive eleva. a use of the residential portion of the Building; (vi) the tors and elevator service corridors serving the apartment units Boar< (including their shafts, pits and machine rooms and the floor se slab below the elevator pits); (vii) the residential entrance and on the ground floor of the (viii) employ- lobby Building; ees' apart locker rooms and toilets, hallway, compactor room, meter terra rooms, and storage rooms in the cellar and all other portions nance of the cellar that are not part of and do not specificall y risdi serve the Commercial Unit; (ix) the superintendent's apartment; (x) the roofs (subject to the right of the Commercial Unit Comme owner to install and maintain equipment thereon); (xi) electric closets and electric closet vestibules, passages and corridors . on the floors numbered 2 through 12 and 14 through 22 and the incluc Penthouse; (xii) residential trash chute; (xiii) all passages ley,1 and corridors, mechanical and other rooms , areas and spaces Unit a located in the Building serving exclusively the apartment units and fa and which are not General Common Elements or Commercial Limite ducts Common Elements or part of any unit; (xiv) laundry rooms; (xv) fit ex terraces and balconies and (xvi) all other apparatus, installa owner equipment and facilities in the (in- tions, systems, Building cluding shafts, pipes, ducts, vents, cables, conduits and Genera lines) which serve or benefit exclusively the apartment units or the apartment unit owners. element The terrace or balcony appurtenant to an apartment Commerc unit will be for the exclusive use of the apartment unit owner things and his guests, invitees and lessees; provided, however, if the Pro more than one apartment unit is appurtenant to a terrace or passage balcony, the owners of all the appurtenant apartment units will spaces have an equal right to the use of the entire terrace or bal- limited cony; and further provided, that with respect to the terraces girders E-2 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 on the twenty-third the Board of Managers and its em- floor, ployees and licensees shall have an easement for the purpose of ingress and egress to maintain and repair the water ele- tank, vators and other equipment located on the roof of the Building. The apartment unit owner appurtenant to the terrace or balcony will have the obligation of keeping the terrace or balcony clean and free from ice and snow and the terrace or balcony doors in good and if several apartment units are appur- repair, tenant such unit owners will have the joint of keep- obligation ,ing the terrace or balcony clean and free from ice and snow. 'The cost of replacing terraces and balconies and terrace and balcony doors, when necessary, will be paid by all apartment unit owners as a common expense. Apartment unit owners whose units are appurtenant to a terrace or shall have the right to construct parti- balcony tions upon such terrace or balcony provided, however, that all apartment unit owners affected a partition shall have con- by sented to it in writing and further provided, that the Board of Managers approves the construction of the partition. The right of apartment unit owners to construct partitions on the roof of the Building will be subject to an easement in favor of the Board of and its employees and for pur- Managers, licensees, poses of maintaining and repairing the water tank, elevator and other equipment located on the roof of the Building. Any apartment unit owner who wishes to construct a partition on his terrace or shall with all applicable ordi- balcony comply laws, nances and regulations of governmental authorities ju- having risdictio - -eef. C ercial Limited Common Eleme ts Generally, the Commercial Limited Common Elements include, among other things, the following: (i) the street level and cellar entrances to and exits from the Commercial Unit and (ii) all apparatus, installations, systems, equipment and facilities in the Building (including shafts, pipes, wires, and lines) which serve or bene- ducts, vents, cables, conduits fit exclusively the Commercial Unit or the Commercial Unit owner. . General Common Elements The General Common Elements consist of all common elements other than Residential Limited Common Elements and Commercial Limited Common Elements, and include, among other things, the following: (i) the land within the boundaries of the Property; (ii) all foundations and footings; (iii) all passages and corridors, mechanical and other rooms, areas and spaces located in the Building serving the units which are not limited common elements or part of any unit; (iv) all columns, girders, beams, supports and interior load-bearing walls, to E-3 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 the extent located below the floor numbered 2; and (v) all other parts of the Building and the apparatus, installations, systems and all equipment and facilities in the (in- Building cluding shafts, pipes, wires, ducts, vents, cables, conduits and lines) .which serve or benefit or are or conve- necessary nient for the existence, maintenance or safety of all the units. The cost of maintaining, repairing and replacing the General Common Elements and alterations or im- any additions, provements thereto will be borne by all the unit owners and will be included in their common The cost of main- charges. taining, repairing and replacing the Residential Limited Common Elements and any additions, alterations or improvements thereto will be borne entirely by the apartment unit owners. The cost of maintaining, repairing and replacing the Commercial Limited Common Elements and any additions, alterations or improvements thereto will be bo.rne entirely by the owner of the Commercial Unit. E-4 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 RIGHTS AND OBLIGATIONS OF UNIT OWNERS un it AND BOARD OF MANAGERS The Declaration, By-laws and Rules and Regulations of be v4 * Condominium appear in Part II of this Plan and should be the m at reviewed by purchasers and their attorneys. Sale or Lease of Units by Unit Owners '''~ ly a 3m Each apartment unit owner has the right to sell or Cs lease his unit (subject to the consent, if required, of his ortgagee, if any) provided that he first gives to the Board of days' s , Managers 30 prior written notice of the terms of any bona fide sale or lease which he desires to make. The failure of the Board of Managers to act within such 30-day period will be to constitute approval. If the Board of Managers disap- 7 deemed proves the transaction, it will, within such 30-day period, either (a) produce a purchaser or lessee who will purchase or lease the unit upon the same terms as stated in the unit own- er's notice to the Board of Managers or (b) agree to purchase or lease the unit on behalf of all other unit.owners upon the same terms as stated in the unit owner's notice to the Board of Managers. The Board of Managers, however, may not purchase or a unit without the approval of a of the apart- lease majority "majority" By- ment unit owners (as such term is defined in the laws). If the Board of Managers does not have sufficient funds on hand for the purchase or lease of a unit which has been approved by a majority of the apartment unit owners, the Board of Managers may either borrow such funds or may assess the apartment unit owners therefor in proportion to their respec- tive common interests. If the Board of Managers does not ei- ther produce a purchaser or lessee for the apartment unit, or agree to purchase or lease the apartment unit on behalf of all other apartment unit owners as set forth above, within the aforesaid 30-day period, the unit owner will have the right to consummate the sale or lease on the terms submitted to the Board of as more set forth in the Dec- Managers specifically laration and By-laws. An apartment unit owner's right to sell or lease his unit will be further subject to his current in the pay- being ment of common charges and all other sums owed to the Board of Managers. Any lease of an apartment unit will be in the form recommended by The Real Estate Board of New York Inc., except as otherwise provided the in By-laws. Leases by unit owners will not be subject to the Rent Laws. W-1 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 nit for foreclosure by the Board of Managers of a lien f statutory e rs and in unpaid common charges, if the proceeds of the foreclosure of the fund are not sufficient for the payment of such unpaid common for the charges,.the unpaid balance will be charged to all unit ow pay tant is as a common expense. If there is surplus fr any remaining Fund"). the proceeds of a foreclosure sale after the payment of th· to indebtedness, all the expenses of the sale and all other 1 only sums unpaid against the unit, the surplus will be paid to the unit owns ye arises /' 3ayment of Repai rs; Access by Board of Managers liens for first All maintenance , repairs and replacements to the >n a 1rges. . General Common Elements and the Residential Limited Common Any against Elements of the Condominium, whether located inside or outs and notice the units (unless necessitated by the negligence, misuse or >f r New York neglect of a unit owner or his tenants or agents), will be thereon by the Board of Managers, and the cost thereof will be a co date expense payable by all unit owners, except that the owner o Å the within the Commercial Unit will have no obligation for payment of ad lien part of the cost of maintenance , repairs or replacements of Î such of Residential Limited Common Elements. All maintenance, repa e Board and replacements to the units, whether structural or nonstr manner as tural, ordinary or extraordinary, other than to the General action may Common Elements and Residential Limited Common Eleme•nts con 1npai tained therein, will be made by the respective unit owners their expense. All maintenance, repairs and replacements o) the Commercial Limited Common Elements will be made by the owner of the Commercial Unit at its sole expense. The Board of Managers will have the right of reasc >ayment of able access to any unit for the purpose of making any repair or becoming or replacements to any of the General Common Elements or Res insfer or - dential Limited Common Elements contained therein or elsewhe in the Building or to remedy any condition which would resul a by in damage to any other unit or the common elements, or which the By would violate the provisions of any mortgage covering anothe he terms to. unit or for the purpose of complying with any laws, orders, nit to rules or regulations of any governmental body having jurisdi emerits, tion thereof. Such right of access will be exercised in suc. manner as will not unreasonably interfere with the use of th n v 1 be units or with the normal conduct of business by the occupant >urchaser of the Commercial Unit, but no prior notice will be required tun oa a the event the Board of Managers determines that action is ims aa diately necessary for the preservation or safety of the Condc i rst unit minium or its property, or the units, or for the safety of nd the charges Condominium residents or other persons, or required to avoid unon he suspension of any necessary service to the Condominium. a first >y foreclo- t Additions, Alterations and Improvements by Board of Managers te date of · fore- at a Whenever, in the judgment of the Board of Managers, in charges the General Common Elements require additions, alterations, int of a W-7 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 QQ. BY-LAWS The 315 Seventh Avenue Condominium 315 Seventh Avenue New York, New York 10001 (Part 2 of the Declaration) Kronish, Lieb, Weiner & Hellman Attorneys for Sponsor 1345 Avenue of the Americas New York, New York 10105 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 22 set forth in these By-laws (but subject to the terms and condi- tions of leases of the Commercial Unit in effect from time to time): (a) upon reasonable notice to the unit owner, to enter the unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting unit owner, any structure, thing or condition that may exist therein contrary to the intent and meaning of the (provided,' provisions hereof however, that no prior notice shall be required in the event that the Board of Managers shall determine that action is for the pres- immediately necessary ervation or safety of the Property or for the safety of the residents of the Condominium or other persons or required to avoid the suspension of service to the Condomin- any necessary ium); or (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach. Section 11. Maintenance and Repairs. (a) All main- tenance of and repairs to structural or nonstruc- any unit, tural, ordinary or extraordinary, (other than maintenance of and repairs to General Common Elements or Residential Lim- any ited Common Elements contained therein and not necessitated by the negligence, misuse or neglect of the owner of such unit) shall be made by the owner of such unit. Each unit owner shall be responsible for all damages to any and all other units and/or to the common elements that his failure so to do may engender. (b) All maintenance, repairs and replacements to the General Common Elements, whether located inside or outside of the units (unless necessi-tated by the negligence, misuse or neglect of a unit owner, in which case such expense shall be charged to such unit owner), shall be made by the Board of Managers and be charged to all the unit owners as a common expense. (c) All maintenance, repairs and replacements to the Residential Limited Common Elements, whether located inside or outside of the units (unless necessitated by the negligence, misuse or neglect of a unit owner, in which case, such expense shall be charged to such unit owner), shall be made by the Board of Managers and charged to all apartment unit owners as 0 common expense. (d) All maintenance, repairs, and replacements to the Commercial Limited Common Elements, whether structural or non-structural, ordinary or extraordinary, will be made by the owner of the Commercial Unit at its sole expense. . QQ-27 FILED: NEW YORK COUNTY CLERK 12/08/2022 01:35 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/08/2022 23 . Section 12. Limited Common Elements. The 1- limited common elements are comprised of the Residential Limited Common Elements and the Commercial Limited Common Elements, all of which are defined and described in Paragraph 7 of the Declara- tion. the t Section 13. Use of Units. In order to provide for congenial occupancy of the Property and for the protection of the values of the units, the use of the shall be re- Property stricted to and shall be in accordance with the pro- following visions: in- (a) The apartment units shall be used for residences only, except that they may be used for professional offices by a resident thereof with the prior written consent of the Board any of if permitted While the or Managers, by law. Sponsor its designee owns any apartment unit, it shall have the right to use such apartment unit for general and sales office purposes , ain- as models and for other promotional purposes in connection with