Preview
FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024
. TT 10 M4. o 14 aW40834 )l41 .1 4t)/M Ho
SCHEDULE C TO THE DECLARATION
CONDOMINIUM
BWLAWS
FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024
6 wT :11 a We won 9m to occ nwas ona sy con co
TABLE OF CONTENTS
1 Po
1 GENERAL
1.1 Purpose............................,,.,,,,,,,,,,,,,,,, 1
1.2 Applicabill of B -1.aws............,,,,,,,,,,,,,,,,,,, 1
1,3 Principal 0 ce ot Condominium ...........,,........, I
2 BOARD OF MANAGERS
2.1 Number, Term and QuallAcation,,,,,,,.,,,,,,,,,,,,,., 2
12 Powerand Duties,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3
2,3 Managing Agents and Managers......................., 11
a 2.4 First Bonnis ..........,,,,,,,,,,........,,,,,,,,,,,,,,, 12
2.5 Resignation and Removal...............,,,,,,,,,,,,,., 12
2.6 Vacancies ............................................, 13
2.7 O niation Meetings of the Residential and
ommercial Boards ...,,........,,....,,,,,,,,,,,,,, 13
2.8 Regular Meetliigs of Residential and Commemial Boards 13
2,9 Special Meetings of Residential and Commercial Boards 13
2,10 Resolutions of Residential Board and Commemial Board 14
2,11 Meetings of Condominium Board .......,,...,,,,,,,,,, 14
2,12 Walver of Notice ,,,,,.,,,,,,,,,,,.,,,,,,......,,.,,.., 14
. 2,13 Determinations by Boards; Quorums ,,,,,,,,,,,,,,,,,,, 14 .
2.14 Compensation........................................, 15
2,15 Liability of Boardsand Unit owners ...,,,.,,,,,,,,,,., 15
2.16 Mdelity Bonds,,,,,,,,,,,,,,,,,.,,,,,,,.,,,,,,,,,,,,, ,, 16
. 2,17 Committees ......,,,.....................,,,,.,,,,,, ,, 16
"
2,18 Principal Otlices of Boards .......,,..................., 16 7
2.19 Status of Boards ................,,...,,.,,,,,,,,,,,,,,, 16 .
2,20 Incorpontion of Boards...................,,,,,..,,,,,, 16
2.21 Boards as Agents ofUnit owners..........,,.....,,.,,, 17 R
2,22 Real Estatc Tax Proceedings .........................., 17
3 UNIT OWNERS
3.1 Annual Meetings.....,;.,,...,,,,,,,...,,,,,,,,,,...., 18
3.2 Place of Meetings,,,,,,,,,,,.............,,,,,,,,,,.... 19 7
3,3 Special Meetings. ....,,,,,,,,,,,............,,......., 19
3.4 Notice of Meetings and Actions Taken.....,,,,,......, 19
3.5 Adjoumment of Meetings,,,......,,,,,,,,,,,,,.,,,,,,, 20
3.6 Orderof Business....,,,,,,, ,,,,...................... 20 --
3.7 Title to Unit.5,,,,....................................., 20
3.8 Voting ..............................................., 20
3.9 Election of Board Members; Rights ofSponsor,,,,,...., 21
3.10 Majority of Unit Owners.............................., 21
3.11 Quorum.............................................., 22
3.12 Majorit Vote......................................... 22
3.13 Determnation of Unit owners........................, 22
4 OFFICERS
4,l Dealgnation .........................................., 22
FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024
Amon PNNIV3S187Ami49thA NYC19041(415)946.3300tSF`4% 9444 SY4 ADD3)4434%)00,48)/MF
FINANCIAL MQit
Attitl4 SettlOn
4,2 Election of Omcers ................... ................, 23
4.3 Removal of Omocrs................... .............,,,, 23
4,4 Presidents ............................................, 23
Vice Presidents
)
4.5 , , , ,,, ,, , ,,,........................ ,,,, 23
4.6 secretaries., m......................................., 24
4,7 Treasumrs.............,,,......................... ,,,, 24
4.8 Execution of Documents.............................., 24
4,9 Compensation of Omcers ............................,, 24
5 NOTICES
5,l Notices..............................................,, 25
5,2 Waiver of Service of Notice,,,,,,,,,, , ,,,,,.........,,, 25
6 OPERATION OF TrlE PROPERTY
6.1 Determination of Common Bxpenses and Fixing of
Common charges ................................... 25
6.2 Insurance.....................,,,, ,,.................., 28
6,3 Repatr and Reconstruction after Fire or Other Casualty 30
6,4 Payment of Common Chames,,,,,,,, , ,,.............., 32
6.5 Collection of Common charges ......................., 33
6,6 Delhult in Payment of Common Charges .............., 33
6,7 Foreclosure of Liens for Unpaid Cominon Chames..,,,, 34
6.8 Statement of Common Charges ......................., 34
6,9 Maintent.nce and Repairs .....,, , ,,,, ................., 34
6,10 Violations of Maintenance Obligations................,, 36
6,11 Structural Alterations, Additions, 1mprovements and
Repatr of Units.,,,.,,, ,,,,,, ,, , ,,,..........,,, ,,,,. 38
6,12 Alterations, Additions Improvements or Repairs to
Common Elements................................., 38
6.13 Expansion of Certain common Elements.............., 39
6,14 Restrictions on Uec of Units .........................., 40
6.15 Use of Commou Elements ............................, 41
6,16 Other Provisions as to Use ,,,,,,, ,,,, , ,,,,........,,,,, 41
6,17 Right to Access...,,, , ,.,,,,................, , , ,,, , ,,,, 42
6.18 Rules and Regulations , , , ,,,,, , ,, , ,,.................., 43
6,19 Water Charges, Sewer Rents and Real Estatc Taxes ,,,,. 43
6,20 Gas .....................,,,,.,,,,,,, ,,..............., 44
6,21 Steam................,,,,,,,,,,, ,,,, , ,,............... 44
6.22 Electricity ............................................, 44
6,23 Utilities servin the Common Elements ...........,,,,. 44
6,24 Abatement a Et0oinment of Violations by Unit
Owners ..........., ,, , ,, ,,,,...,,, ,,,,,,,,,,,, , ,,,,, 45
M
M
7 MORTOAGES
7,l Notice to Boartis ............,,, ,,,,, ,,,,, ,..........., 46
7,2 Notice of Default and Unpaid Common Charges,, , ,,.,, 46
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7,3 Performance by Permitted Mortgagees,,,,,,,...., ,,,,,, 47
7.4 Examination of Booka ,,,,,,,,.,,,,,,,,,,,,,,,,...,,,,, 47
7,5 Representativen of Mortgagees,,.,,,, ,,,,,,,,,,,,,,,,,.. 47
7,6 Consent of Mortgagees,,.,,,,,,,,,,,,,,,.,,,,..,,,,,,,, 48
8 SELLING, LEASINO AND MORTOAGING OF UNITS
p 8,l Selling and Leasing ...........,,,,,,,.....,,,,,,,,,,,,, 48
8,2 Consentof Residential Unit ownera to Purchase or Lease
of Residential Units by Residential Board ..........., 51
B.3 No Severance of Ownership,,,,,,,,,,,,,,,,,,, ,,,,,.,, , 51
B.4 Release by Residential Board ofRight of First Refbsal 52
8.5 Certificatc of Teimination of Right of First Refusal ...., 52
8.6 Financing ofPurchaseof Residential Unita by Residential
Boastt.............................................., 52
8,7 Exceptions ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, ,, 52
8,8 Gifts and Devises, ctc................................., 53
. 8.9 Waiver of Right of Partition with Respect to Units
. Acquired on Behalfof Unit owners as Tenants-in-
Cominon .........................................., 53
8,10 Payments of Assessments; Estoppel letter ,,,.......,,,, 53
8,11 Mortgage of Units...................................., 53
9 CONDEMNATION 54
10 RECORDS AND AUDITS
10.1 Records.............................................., 55
10,2 Audits ..............................................., 55
. 10.3 Availability of Documents ............................, 55
11 ARBlTRATION
11,l General Procedure,,,,,,......................,,.,,,, 55
11.2 Costs and Expenses .,,,,, ,,,....,,,,,,,...........,,,,, 56
11.3 Agreement by Parties.................................. 56
12 MISCELLANEOUS
12,l Waiver.-..,,,,,,....,, ,,,,,,,,......................., 56
12,2 Captions ,,....,,...............,,,.......,,,........., $6
12,3 Certain References...................................., $6
12.4 Severability..........................................., 57
12.5 insurance Trustee.........,,,,,............,,.,,,....., 57
12.6 Successors and Assigns................................, 57
12.7 Covenant of Further Assurances........................ 57
13 AMENDMENTS TO BY-LAWS
13.1 Amendments by Unit Owners.......................... 58
13,2 Ameildments Affecting Sponor or its Designee........., 59
FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024
.
ArtMe $"cdmi
Perm I t ted Mort gag es ............ $9
13,3 Amendments Affecting
CONCERNING COMMERCIAL SECTION 60
14 AMENDMENTS
AND REGULATIONS OF THE
SCHEDULE A RULES
RESIDENTIAL SECTION OF CENTRAL
CONDIMINIUM 60
PARK PLACB
.
iV
FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024
RC)tFINANCIAl. IATF.ul 464At NYCtoolf (tit) M4,3000W)ar44 13:39SY4,IPR00mt3WC(100,48)/NJQ
PRINTER5 SEQ.1
BWLAWS OF CENTRAL VARK PLACE CONDOMINIUM
ARTICLIC 1
General
1, 1 Purpose. The purpose of these By-Laws is to set forth the rules and
. . procedures concerning the conduct of the affairs of Central Park Place
Condominium he "Condomhilum"). The Condominium covers the property
'
(the "Prope consistirag of approximately 10,04 1 square feet of land (the
"Land") wh ch forms a part of Block 1048, Lot 29 on the Tax Map of the
Borou h of Manhattan, City, County and State of New York, the building and
other mprovements now or hereafter to be construed thereon (hereinaher
.. collectively called the "Building"), including, without limitation, the Units and
. the Common Elements, all easements, rights and appurtenancer, belonging
thereto, and all other property, above-grade or below.grade, real, personal or
mixed, intended for use in connection therewith, all of which have been
submitted to the provisions of Article 9-B of the Real Property law of the State
of New York the recordi of a Declaration (which, as the same may be
amended from t me to time, is erein called the "Declaration") in the New York
. County othee of the Register of The City of New York ("City Register's Ofnce"),
W together with these By-IAws. All terms used herein including, but not limited
designee" Sponsor"
.. . to, "Sponsor's or its and "Sponsor or a designce of that are
. not separately denned therein, shall have the meanings given to those terma in
the Declaration and 1u the Condominium Offering Plan, as amended, for the
Property,
. 1.2 AppucaMlity of By.Laws. These By-laws are appilcable to the
. Property and to the use and occupancy thereof, All present and future Unit
Owners, mortga ces, lessces, sublessees and occupants of Units and emplo ecs
and guests of Un t Owners, as well as all other persons who may use the facil ties
0.'the Property in any manner, are and shall be subject to the Declaration, these
By-Laws and the Rules and Regulations (as hereinafter defined), The
acceptance of a deed or conveyance, or the succeeding to title to, or the
execution of a lease or sublease for, or the act of occupancy of, a Unit, or any
other part or sub-division of the Property, including common clements, shall
constitute an agreement that the provisions of these By-Laws, the Rules and
Regulations and the Declaration are accepted, ratified, and will be complied
with,
1.3 Principal Ofice qf Condominium. The principal oface of the
Condominium shall be located within the Property, or at such other place within
the Borough of Manhattan convenient thereto as may be designated
reasonably
from time to time by the Condominium Board (as hereinafter defined),
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024
W AmcH M cle PAWres m su thh It NYC19011GlR) 48-3000)4M4 3339 SY4(PHQ03))
4354C000,48)/WQ
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ARTICLE 2
Boards of Managers
2,l Number, Term and Qual`cation.
. 2, I-1 From and after the holding of the Arst annual meeting of Residential
Unit Owners as provided in 3,1, and as more particularly set forth in 2,2, the
affairs of the Condominium shall be governed b a board of managers of the .
Condominium (the "Condominium Board"), wh ch Board shall consist of five
. persons: three of whom shall be elected by the members of the Residential
Board, which shall itself be elected by the Residential Unit Owners and shall
. consist of seven persons: and two of whom shall be elected by the Cominercial
Board, which shall itself be elected by the Commerolal Unit Owners and shall
) .
consist of three persons,
the Sponsor
For so long as Sponsor owns one or more Residential
shall be entitled to have at least one representative or
Units,
. designee serve on tlie Residential Board, The Residential Boald shall represent
the Residential Unit Owners and shall perfbrm such other duties and Ibiiations
as are more particularly set forth in 2,2.2,2, The Commercial Board shall .
. reprcsont the Commercial Unit Owners arid shall perform such other functions . d
. and duties as are more particularl set forth lii 2.2-2,3, The Condominium
. Board, Commercial Board ar4d Res dential Board are herein sometimes referred
"Boards" "Board,"
.1i to collectively as the and individually as a
. 2,1-2 Each of the Residential Section's and Commercial Section's members 7
. of the Residential Board and the Commercial lioard, exce t for the First Board
.0 as provided in 2.4, and except as otherwisc provided here n, shall be elected at
the separate annual meetings of 1) Residential Unit Owners and 2) Commercial .
. Unit Owners, respectively, and shall serve until the next annual meeting thereof
and until successors have been clected and qualined, There shall be no Umit on
. the number of successive terms a Board member may serve, Each of the
Residential Section and Commercial Section's members of the Condominium .
. Board, except for the First Board as provided in 2,4, shall be clected at separate
annual meetings of the 1) Commercial Board and 2) Residential Board
respectively (which annual meetings shall be held tio later than 10days following
the election of the Commercial Boani and the Residential Board, respective ),
. and shall nerve until the next annual meeting of the Commercial Board and to
Residential Board therefor, respectively, and until successors have been cIceted
and quallAcd, p
2, I-3 Except for Boatti members clected or designated by Sponsor or its
desigiice, (s) all members of the Residential Board shall be cither Residential
Unit Owners or oIncers, directors, shareholders, partners, principals, employees
or beneficiaries of corporations, partnerships, fiduciaries or any other entitles
which own Residential Units, Permitted Mortgagees, or family members of any 7
of the foregoing, and (b) all members of the Commercial Board shall be cither
Commercial Owners or any person designated by the Commercial Unit Owners
or ofacers, directors, shareholders, partners, principals, employees or
2
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PMTEM W Eul 454 k. NYC10011(4)t) 944000 144w40t) 31 SY4MOD3)14444C(10M4)hUQ
AMCH FINANCIAl. $14.4
beneficiaries of corporations, partnerships, fiduciaries or any other entitles that
may own Commercial Units, Permitted Mortga ecs of the Commercial Units,
7 lessett of a portion of a Commetcial Unit, or mily members of any of the
foregoing, Other than Board members clected or designated by Sponsor or Its
designee, no Doard member shall continue to serve aher he ceases to be qualified
Mortgagee"
as set forth above, As used herein the term "Permitted means the
. holder of an mortgage ("Permitted Mortgage") of a Unit or Unita that is
permitted to placed thereon pursuant to these By-Laws,
· 2,2 Powers and Dudes.
2,2-1 The Boards shall collectivel have the powers and duties necessary for
. 3 or incidental to the administration o the afIhirs of the Condominhim (except
powers and duties that by law, the Declaration or these By-laws may not be
E. delegated to the Boaids by the Unit Owners), All determinations, however, that
. (a) affect only the Realdential Section, and do not adversel affect the
Commercial Section or the u e of the Commercial Section for ts permitted
purposes, shall be made by the Residential Board or (b) affect only the
. Commercial Section and do not adversely affect the Residential Section or the
use of Residential Units for their perrnitted purposes, shall be made by the
. Commercial Board, All other determinations with res et to the administration M
of the affairs of the Condominium including, without 1 mitation, determinations
. that (1) relate to the Residential Section and adversely affect the Commerclai
Scotton or (11) relate to the Commercial Section and adversely affect the ". .
Residential Section or (111) relate to or affect the Ocneral Common Elements,
shall be made by the Condominium Board, Any dispute between the
".. Residential Board and the Commercial Board with respect to whether the
Residemial Board or the Commercial Board shall be entitled to make an .
determination shall be settled by Arbitration (as hercinaher defined), provide , 7
however, that no such dispute with respect to whether the determination of one
adversely affects the other shall tr deemed to exist unles.s the objecting party
speclAes the Brounds for its objection in writing to the other rty within ten
of'
days of receipt by it notice of such determination. In addit on, any dispute
between the Residcutial Board and the Commercial Board with respect to any
matter the determination of which is entitled to be made by the Condominium
Board shall be settled by Arbitration, which Arbitration shall be determined on
the basis of what is in the best interest of the Condominium, As used herein the
"Arbitration"
term means arbitration conducted in accordance with the
affect"
provisions of Article 11 and the term "adversely shall mean the uses
prohibited by 6,16,
2,2-2 Subject to the provisions of 2,2-1 and without limiting the generality
thercor, o4
2.2.2, 1 The Condominium Board shall be entitled to make determinations
with respect to the following matters:
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SEQ4
. EEl l 393PG 49
2,2-2, l(a) Operation, care, upkeep, maintenance, repair and replacomont
of the General Common Elements,
2,2-2, l(b) The amoum of General Common Charges (as hereinafter
defined),
2,2-2. l(c) Collection of Genemi Common Charges tirom the Residential
. Boaixt and the Commercial Board
2,2-2, l(d) Employment and dismissal of the personnel necessary for the
maintenance and operation of the General Common Elements,
2,2-2, l(e) Adoption of, and amendments and additions to, the General
Rules and Regulations (as hereinafter denned),
. 2.2-2, l(f) Making additions and improvements to, or alterations of, the
General Common Elements,
2,2-2, l(g) Making repairs and restorations of the General Common
.. Elements or parts thereof damaged or destroyed by Are or other casualty or
u. . necessitated as a result of condemnation or eminent domain proceedings,
2,2-2,1(h) Enforcing obligations of Unit Owucts, the Commercial Board
and the Residential Board, , 4
2,2-2, l(1) Le ing fines against Unit Owners, the Commercial Board or the
. Residential Board or violations of the General Rules and Regulations (any such
fines shall constitute Geneml Common Charges payable by the Unit Owner or
Board against which they arc )cvied).
I
2,2-2, l(j) Opening and maintaining tank accounts ott behalf of the
Condominium (with respect to matters within its jurisdiction as provided in
these By-1.aws) and designating the signatories required therefor,
2,2-2, l(k) A)ustlrig and settling insurance claims (and executin and
delivering releases in connection therewith) if the loss involves botÎi the
Residential Section and the Commercial Scotton or the General Common
Elements as set forth in 6,2.
2.2-2, l(1) Borrowing money on behalf of the Condominium when required
in connection with the operation, care, upkeep and maintenance of, or the
making of repaits, replacements, res?.orations or ad:litions to or alterations of,
the General Common Elements, provided, however, that (1) the consent of at
least 66 2/3% in common interest of all Unit Owners shall be required for any
ot'
borrowings in excess the aggregate amount of $30,000 in any one fiscal year
(regardless of the balance of any loans outstanding from previous cars) and (11)
no 11en to secure repayment of any sum borrowed may be creat on any Unit
4
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. REEL I 393N 1 S0
or its appurtenant interest in the Common Elements without the consent of the
owner ofsuch Unit, lfany sum borrowed by the Condominium Board ursuant
to the authority contained in this subparagraph 2,2-2,l(1) is not repal by said
. Boani, a Unit Owner who pays to the creditor such proportion thereof as his
p interest in the Common Elements bears to the interest of all the Unit Owners in
the Common Elements shall be entitled to obtain from the creditor a release of
any judgment or other lien that said creditor has filed or has the right to Ale
t against such Unit Owner's Unit,
2.2-2,1(m) Organizing corporations to act as designees of the
Condominium Board with respect to such matters as such Board may
determine,
2,2.2, l(n) Execution, acknowledgment and delivent of (1) any declaration
. or other instrument affecting the Property that the Condominium Board deems 7
necessary or appropriate to comply with any law, ordinance, regulation, zoning
, resolution or requirement of the Department of Buildings, the CI Planning ;
Commission, the Board of Standants and A peals, or any of cr public
authority, applicable to the maintenance, demol tion, construction, alteration, .
repair or restoration of the Building, or (11) any consent, covenant, restdction
easement or declaration affectin the Property that the Condominium Board
deems necessary or appropriate. he provisions of this subpnragraph 2,2-2,1(n)
are subject to the provisions of Article 17 of the Dec
Preview
FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 . TT 10 M4. o 14 aW40834 )l41 .1 4t)/M Ho SCHEDULE C TO THE DECLARATION CONDOMINIUM BWLAWS FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 6 wT :11 a We won 9m to occ nwas ona sy con co TABLE OF CONTENTS 1 Po 1 GENERAL 1.1 Purpose............................,,.,,,,,,,,,,,,,,,, 1 1.2 Applicabill of B -1.aws............,,,,,,,,,,,,,,,,,,, 1 1,3 Principal 0 ce ot Condominium ...........,,........, I 2 BOARD OF MANAGERS 2.1 Number, Term and QuallAcation,,,,,,,.,,,,,,,,,,,,,., 2 12 Powerand Duties,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3 2,3 Managing Agents and Managers......................., 11 a 2.4 First Bonnis ..........,,,,,,,,,,........,,,,,,,,,,,,,,, 12 2.5 Resignation and Removal...............,,,,,,,,,,,,,., 12 2.6 Vacancies ............................................, 13 2.7 O niation Meetings of the Residential and ommercial Boards ...,,........,,....,,,,,,,,,,,,,, 13 2.8 Regular Meetliigs of Residential and Commemial Boards 13 2,9 Special Meetings of Residential and Commercial Boards 13 2,10 Resolutions of Residential Board and Commemial Board 14 2,11 Meetings of Condominium Board .......,,...,,,,,,,,,, 14 2,12 Walver of Notice ,,,,,.,,,,,,,,,,,.,,,,,,......,,.,,.., 14 . 2,13 Determinations by Boards; Quorums ,,,,,,,,,,,,,,,,,,, 14 . 2.14 Compensation........................................, 15 2,15 Liability of Boardsand Unit owners ...,,,.,,,,,,,,,,., 15 2.16 Mdelity Bonds,,,,,,,,,,,,,,,,,.,,,,,,,.,,,,,,,,,,,,, ,, 16 . 2,17 Committees ......,,,.....................,,,,.,,,,,, ,, 16 " 2,18 Principal Otlices of Boards .......,,..................., 16 7 2.19 Status of Boards ................,,...,,.,,,,,,,,,,,,,,, 16 . 2,20 Incorpontion of Boards...................,,,,,..,,,,,, 16 2.21 Boards as Agents ofUnit owners..........,,.....,,.,,, 17 R 2,22 Real Estatc Tax Proceedings .........................., 17 3 UNIT OWNERS 3.1 Annual Meetings.....,;.,,...,,,,,,,...,,,,,,,,,,...., 18 3.2 Place of Meetings,,,,,,,,,,,.............,,,,,,,,,,.... 19 7 3,3 Special Meetings. ....,,,,,,,,,,,............,,......., 19 3.4 Notice of Meetings and Actions Taken.....,,,,,......, 19 3.5 Adjoumment of Meetings,,,......,,,,,,,,,,,,,.,,,,,,, 20 3.6 Orderof Business....,,,,,,, ,,,,...................... 20 -- 3.7 Title to Unit.5,,,,....................................., 20 3.8 Voting ..............................................., 20 3.9 Election of Board Members; Rights ofSponsor,,,,,...., 21 3.10 Majority of Unit Owners.............................., 21 3.11 Quorum.............................................., 22 3.12 Majorit Vote......................................... 22 3.13 Determnation of Unit owners........................, 22 4 OFFICERS 4,l Dealgnation .........................................., 22 FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 Amon PNNIV3S187Ami49thA NYC19041(415)946.3300tSF`4% 9444 SY4 ADD3)4434%)00,48)/MF FINANCIAL MQit Attitl4 SettlOn 4,2 Election of Omcers ................... ................, 23 4.3 Removal of Omocrs................... .............,,,, 23 4,4 Presidents ............................................, 23 Vice Presidents ) 4.5 , , , ,,, ,, , ,,,........................ ,,,, 23 4.6 secretaries., m......................................., 24 4,7 Treasumrs.............,,,......................... ,,,, 24 4.8 Execution of Documents.............................., 24 4,9 Compensation of Omcers ............................,, 24 5 NOTICES 5,l Notices..............................................,, 25 5,2 Waiver of Service of Notice,,,,,,,,,, , ,,,,,.........,,, 25 6 OPERATION OF TrlE PROPERTY 6.1 Determination of Common Bxpenses and Fixing of Common charges ................................... 25 6.2 Insurance.....................,,,, ,,.................., 28 6,3 Repatr and Reconstruction after Fire or Other Casualty 30 6,4 Payment of Common Chames,,,,,,,, , ,,.............., 32 6.5 Collection of Common charges ......................., 33 6,6 Delhult in Payment of Common Charges .............., 33 6,7 Foreclosure of Liens for Unpaid Cominon Chames..,,,, 34 6.8 Statement of Common Charges ......................., 34 6,9 Maintent.nce and Repairs .....,, , ,,,, ................., 34 6,10 Violations of Maintenance Obligations................,, 36 6,11 Structural Alterations, Additions, 1mprovements and Repatr of Units.,,,.,,, ,,,,,, ,, , ,,,..........,,, ,,,,. 38 6,12 Alterations, Additions Improvements or Repairs to Common Elements................................., 38 6.13 Expansion of Certain common Elements.............., 39 6,14 Restrictions on Uec of Units .........................., 40 6.15 Use of Commou Elements ............................, 41 6,16 Other Provisions as to Use ,,,,,,, ,,,, , ,,,,........,,,,, 41 6,17 Right to Access...,,, , ,.,,,,................, , , ,,, , ,,,, 42 6.18 Rules and Regulations , , , ,,,,, , ,, , ,,.................., 43 6,19 Water Charges, Sewer Rents and Real Estatc Taxes ,,,,. 43 6,20 Gas .....................,,,,.,,,,,,, ,,..............., 44 6,21 Steam................,,,,,,,,,,, ,,,, , ,,............... 44 6.22 Electricity ............................................, 44 6,23 Utilities servin the Common Elements ...........,,,,. 44 6,24 Abatement a Et0oinment of Violations by Unit Owners ..........., ,, , ,, ,,,,...,,, ,,,,,,,,,,,, , ,,,,, 45 M M 7 MORTOAGES 7,l Notice to Boartis ............,,, ,,,,, ,,,,, ,..........., 46 7,2 Notice of Default and Unpaid Common Charges,, , ,,.,, 46 FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 7,3 Performance by Permitted Mortgagees,,,,,,,...., ,,,,,, 47 7.4 Examination of Booka ,,,,,,,,.,,,,,,,,,,,,,,,,...,,,,, 47 7,5 Representativen of Mortgagees,,.,,,, ,,,,,,,,,,,,,,,,,.. 47 7,6 Consent of Mortgagees,,.,,,,,,,,,,,,,,,.,,,,..,,,,,,,, 48 8 SELLING, LEASINO AND MORTOAGING OF UNITS p 8,l Selling and Leasing ...........,,,,,,,.....,,,,,,,,,,,,, 48 8,2 Consentof Residential Unit ownera to Purchase or Lease of Residential Units by Residential Board ..........., 51 B.3 No Severance of Ownership,,,,,,,,,,,,,,,,,,, ,,,,,.,, , 51 B.4 Release by Residential Board ofRight of First Refbsal 52 8.5 Certificatc of Teimination of Right of First Refusal ...., 52 8.6 Financing ofPurchaseof Residential Unita by Residential Boastt.............................................., 52 8,7 Exceptions ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, ,, 52 8,8 Gifts and Devises, ctc................................., 53 . 8.9 Waiver of Right of Partition with Respect to Units . Acquired on Behalfof Unit owners as Tenants-in- Cominon .........................................., 53 8,10 Payments of Assessments; Estoppel letter ,,,.......,,,, 53 8,11 Mortgage of Units...................................., 53 9 CONDEMNATION 54 10 RECORDS AND AUDITS 10.1 Records.............................................., 55 10,2 Audits ..............................................., 55 . 10.3 Availability of Documents ............................, 55 11 ARBlTRATION 11,l General Procedure,,,,,,......................,,.,,,, 55 11.2 Costs and Expenses .,,,,, ,,,....,,,,,,,...........,,,,, 56 11.3 Agreement by Parties.................................. 56 12 MISCELLANEOUS 12,l Waiver.-..,,,,,,....,, ,,,,,,,,......................., 56 12,2 Captions ,,....,,...............,,,.......,,,........., $6 12,3 Certain References...................................., $6 12.4 Severability..........................................., 57 12.5 insurance Trustee.........,,,,,............,,.,,,....., 57 12.6 Successors and Assigns................................, 57 12.7 Covenant of Further Assurances........................ 57 13 AMENDMENTS TO BY-LAWS 13.1 Amendments by Unit Owners.......................... 58 13,2 Ameildments Affecting Sponor or its Designee........., 59 FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 . ArtMe $"cdmi Perm I t ted Mort gag es ............ $9 13,3 Amendments Affecting CONCERNING COMMERCIAL SECTION 60 14 AMENDMENTS AND REGULATIONS OF THE SCHEDULE A RULES RESIDENTIAL SECTION OF CENTRAL CONDIMINIUM 60 PARK PLACB . iV FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 RC)tFINANCIAl. IATF.ul 464At NYCtoolf (tit) M4,3000W)ar44 13:39SY4,IPR00mt3WC(100,48)/NJQ PRINTER5 SEQ.1 BWLAWS OF CENTRAL VARK PLACE CONDOMINIUM ARTICLIC 1 General 1, 1 Purpose. The purpose of these By-Laws is to set forth the rules and . . procedures concerning the conduct of the affairs of Central Park Place Condominium he "Condomhilum"). The Condominium covers the property ' (the "Prope consistirag of approximately 10,04 1 square feet of land (the "Land") wh ch forms a part of Block 1048, Lot 29 on the Tax Map of the Borou h of Manhattan, City, County and State of New York, the building and other mprovements now or hereafter to be construed thereon (hereinaher .. collectively called the "Building"), including, without limitation, the Units and . the Common Elements, all easements, rights and appurtenancer, belonging thereto, and all other property, above-grade or below.grade, real, personal or mixed, intended for use in connection therewith, all of which have been submitted to the provisions of Article 9-B of the Real Property law of the State of New York the recordi of a Declaration (which, as the same may be amended from t me to time, is erein called the "Declaration") in the New York . County othee of the Register of The City of New York ("City Register's Ofnce"), W together with these By-IAws. All terms used herein including, but not limited designee" Sponsor" .. . to, "Sponsor's or its and "Sponsor or a designce of that are . not separately denned therein, shall have the meanings given to those terma in the Declaration and 1u the Condominium Offering Plan, as amended, for the Property, . 1.2 AppucaMlity of By.Laws. These By-laws are appilcable to the . Property and to the use and occupancy thereof, All present and future Unit Owners, mortga ces, lessces, sublessees and occupants of Units and emplo ecs and guests of Un t Owners, as well as all other persons who may use the facil ties 0.'the Property in any manner, are and shall be subject to the Declaration, these By-Laws and the Rules and Regulations (as hereinafter defined), The acceptance of a deed or conveyance, or the succeeding to title to, or the execution of a lease or sublease for, or the act of occupancy of, a Unit, or any other part or sub-division of the Property, including common clements, shall constitute an agreement that the provisions of these By-Laws, the Rules and Regulations and the Declaration are accepted, ratified, and will be complied with, 1.3 Principal Ofice qf Condominium. The principal oface of the Condominium shall be located within the Property, or at such other place within the Borough of Manhattan convenient thereto as may be designated reasonably from time to time by the Condominium Board (as hereinafter defined), FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 W AmcH M cle PAWres m su thh It NYC19011GlR) 48-3000)4M4 3339 SY4(PHQ03)) 4354C000,48)/WQ 3504 ARTICLE 2 Boards of Managers 2,l Number, Term and Qual`cation. . 2, I-1 From and after the holding of the Arst annual meeting of Residential Unit Owners as provided in 3,1, and as more particularly set forth in 2,2, the affairs of the Condominium shall be governed b a board of managers of the . Condominium (the "Condominium Board"), wh ch Board shall consist of five . persons: three of whom shall be elected by the members of the Residential Board, which shall itself be elected by the Residential Unit Owners and shall . consist of seven persons: and two of whom shall be elected by the Cominercial Board, which shall itself be elected by the Commerolal Unit Owners and shall ) . consist of three persons, the Sponsor For so long as Sponsor owns one or more Residential shall be entitled to have at least one representative or Units, . designee serve on tlie Residential Board, The Residential Boald shall represent the Residential Unit Owners and shall perfbrm such other duties and Ibiiations as are more particularly set forth in 2,2.2,2, The Commercial Board shall . . reprcsont the Commercial Unit Owners arid shall perform such other functions . d . and duties as are more particularl set forth lii 2.2-2,3, The Condominium . Board, Commercial Board ar4d Res dential Board are herein sometimes referred "Boards" "Board," .1i to collectively as the and individually as a . 2,1-2 Each of the Residential Section's and Commercial Section's members 7 . of the Residential Board and the Commercial lioard, exce t for the First Board .0 as provided in 2.4, and except as otherwisc provided here n, shall be elected at the separate annual meetings of 1) Residential Unit Owners and 2) Commercial . . Unit Owners, respectively, and shall serve until the next annual meeting thereof and until successors have been clected and qualined, There shall be no Umit on . the number of successive terms a Board member may serve, Each of the Residential Section and Commercial Section's members of the Condominium . . Board, except for the First Board as provided in 2,4, shall be clected at separate annual meetings of the 1) Commercial Board and 2) Residential Board respectively (which annual meetings shall be held tio later than 10days following the election of the Commercial Boani and the Residential Board, respective ), . and shall nerve until the next annual meeting of the Commercial Board and to Residential Board therefor, respectively, and until successors have been cIceted and quallAcd, p 2, I-3 Except for Boatti members clected or designated by Sponsor or its desigiice, (s) all members of the Residential Board shall be cither Residential Unit Owners or oIncers, directors, shareholders, partners, principals, employees or beneficiaries of corporations, partnerships, fiduciaries or any other entitles which own Residential Units, Permitted Mortgagees, or family members of any 7 of the foregoing, and (b) all members of the Commercial Board shall be cither Commercial Owners or any person designated by the Commercial Unit Owners or ofacers, directors, shareholders, partners, principals, employees or 2 FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 PMTEM W Eul 454 k. NYC10011(4)t) 944000 144w40t) 31 SY4MOD3)14444C(10M4)hUQ AMCH FINANCIAl. $14.4 beneficiaries of corporations, partnerships, fiduciaries or any other entitles that may own Commercial Units, Permitted Mortga ecs of the Commercial Units, 7 lessett of a portion of a Commetcial Unit, or mily members of any of the foregoing, Other than Board members clected or designated by Sponsor or Its designee, no Doard member shall continue to serve aher he ceases to be qualified Mortgagee" as set forth above, As used herein the term "Permitted means the . holder of an mortgage ("Permitted Mortgage") of a Unit or Unita that is permitted to placed thereon pursuant to these By-Laws, · 2,2 Powers and Dudes. 2,2-1 The Boards shall collectivel have the powers and duties necessary for . 3 or incidental to the administration o the afIhirs of the Condominhim (except powers and duties that by law, the Declaration or these By-laws may not be E. delegated to the Boaids by the Unit Owners), All determinations, however, that . (a) affect only the Realdential Section, and do not adversel affect the Commercial Section or the u e of the Commercial Section for ts permitted purposes, shall be made by the Residential Board or (b) affect only the . Commercial Section and do not adversely affect the Residential Section or the use of Residential Units for their perrnitted purposes, shall be made by the . Commercial Board, All other determinations with res et to the administration M of the affairs of the Condominium including, without 1 mitation, determinations . that (1) relate to the Residential Section and adversely affect the Commerclai Scotton or (11) relate to the Commercial Section and adversely affect the ". . Residential Section or (111) relate to or affect the Ocneral Common Elements, shall be made by the Condominium Board, Any dispute between the ".. Residential Board and the Commercial Board with respect to whether the Residemial Board or the Commercial Board shall be entitled to make an . determination shall be settled by Arbitration (as hercinaher defined), provide , 7 however, that no such dispute with respect to whether the determination of one adversely affects the other shall tr deemed to exist unles.s the objecting party speclAes the Brounds for its objection in writing to the other rty within ten of' days of receipt by it notice of such determination. In addit on, any dispute between the Residcutial Board and the Commercial Board with respect to any matter the determination of which is entitled to be made by the Condominium Board shall be settled by Arbitration, which Arbitration shall be determined on the basis of what is in the best interest of the Condominium, As used herein the "Arbitration" term means arbitration conducted in accordance with the affect" provisions of Article 11 and the term "adversely shall mean the uses prohibited by 6,16, 2,2-2 Subject to the provisions of 2,2-1 and without limiting the generality thercor, o4 2.2.2, 1 The Condominium Board shall be entitled to make determinations with respect to the following matters: FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 M A cu FlHANCIAPRINUM HT W 45thso NYC10011(3 H43000 144ee48t339 aft R00304386C000.4M/100 SEQ4 . EEl l 393PG 49 2,2-2, l(a) Operation, care, upkeep, maintenance, repair and replacomont of the General Common Elements, 2,2-2, l(b) The amoum of General Common Charges (as hereinafter defined), 2,2-2. l(c) Collection of Genemi Common Charges tirom the Residential . Boaixt and the Commercial Board 2,2-2, l(d) Employment and dismissal of the personnel necessary for the maintenance and operation of the General Common Elements, 2,2-2, l(e) Adoption of, and amendments and additions to, the General Rules and Regulations (as hereinafter denned), . 2.2-2, l(f) Making additions and improvements to, or alterations of, the General Common Elements, 2,2-2, l(g) Making repairs and restorations of the General Common .. Elements or parts thereof damaged or destroyed by Are or other casualty or u. . necessitated as a result of condemnation or eminent domain proceedings, 2,2-2,1(h) Enforcing obligations of Unit Owucts, the Commercial Board and the Residential Board, , 4 2,2-2, l(1) Le ing fines against Unit Owners, the Commercial Board or the . Residential Board or violations of the General Rules and Regulations (any such fines shall constitute Geneml Common Charges payable by the Unit Owner or Board against which they arc )cvied). I 2,2-2, l(j) Opening and maintaining tank accounts ott behalf of the Condominium (with respect to matters within its jurisdiction as provided in these By-1.aws) and designating the signatories required therefor, 2,2-2, l(k) A)ustlrig and settling insurance claims (and executin and delivering releases in connection therewith) if the loss involves botÎi the Residential Section and the Commercial Scotton or the General Common Elements as set forth in 6,2. 2.2-2, l(1) Borrowing money on behalf of the Condominium when required in connection with the operation, care, upkeep and maintenance of, or the making of repaits, replacements, res?.orations or ad:litions to or alterations of, the General Common Elements, provided, however, that (1) the consent of at least 66 2/3% in common interest of all Unit Owners shall be required for any ot' borrowings in excess the aggregate amount of $30,000 in any one fiscal year (regardless of the balance of any loans outstanding from previous cars) and (11) no 11en to secure repayment of any sum borrowed may be creat on any Unit 4 FILED: NEW YORK COUNTY CLERK 04/10/2024 08:46 AM INDEX NO. 153299/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/10/2024 . REEL I 393N 1 S0 or its appurtenant interest in the Common Elements without the consent of the owner ofsuch Unit, lfany sum borrowed by the Condominium Board ursuant to the authority contained in this subparagraph 2,2-2,l(1) is not repal by said . Boani, a Unit Owner who pays to the creditor such proportion thereof as his p interest in the Common Elements bears to the interest of all the Unit Owners in the Common Elements shall be entitled to obtain from the creditor a release of any judgment or other lien that said creditor has filed or has the right to Ale t against such Unit Owner's Unit, 2.2-2,1(m) Organizing corporations to act as designees of the Condominium Board with respect to such matters as such Board may determine, 2,2.2, l(n) Execution, acknowledgment and delivent of (1) any declaration . or other instrument affecting the Property that the Condominium Board deems 7 necessary or appropriate to comply with any law, ordinance, regulation, zoning , resolution or requirement of the Department of Buildings, the CI Planning ; Commission, the Board of Standants and A peals, or any of cr public authority, applicable to the maintenance, demol tion, construction, alteration, . repair or restoration of the Building, or (11) any consent, covenant, restdction easement or declaration affectin the Property that the Condominium Board deems necessary or appropriate. he provisions of this subpnragraph 2,2-2,1(n) are subject to the provisions of Article 17 of the Dec