§ 339-E — Definitions

New York § 339-E

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9-B: Condominium Act

Text

§ 339-e. Definitions. As used in this article, unless the context\notherwise requires:\n 1. "Building" means a multi-unit building or buildings, or a group of\nbuildings whether or not attached to each other, comprising a part of\nthe property.\n * 1-a. "Capital replacement" means a building-wide replacement of a\nmajor component of any of the following systems:\n (a) elevator;\n (b) heating, ventilation and air conditioning;\n (c) environmental and sustainability upgrades;\n (d) plumbing;\n (e) wiring;\n (f) window; or\n (g) a major structural replacement to the building; provided, however,\nthat major structural replacements made to cure code violations of\nrecord shall not be included.\n * NB Repealed November 5, 2031\n 2. "Common charges" means each unit's proportionate share of the\ncommon expenses in accordance with its common interest.\n 3. "Common elements," unless otherwise provided in the declaration,\nmeans and includes:\n (a) The land on which the building is located;\n (b) The foundations, columns, girders, beams, supports, main walls,\nroofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and\nentrances and exits of the building;\n (c) The basements, cellars, yards, gardens, recreational or community\nfacilities, parking areas and storage spaces;\n (d) The premises for the lodging or use of janitors and other persons\nemployed for the operation of the property;\n (e) Central and appurtenant installations for services such as power,\nlight, gas, hot and cold water, heating, refrigeration, air conditioning\nand incinerating;\n (f) The elevators, escalators, tanks, pumps, motors, fans,\ncompressors, ducts and in general all apparatus and installations\nexisting for common use;\n (g) Such facilities as may be designated as common elements in the\ndeclaration; and\n (h) All other parts of the property necessary or convenient to its\nexistence, maintenance and safety, or normally in common use.\n 4. "Common expenses" means and includes:\n (a) Expenses of operation of the property, and\n (b) All sums designated common expenses by or pursuant to the\nprovisions of this article, the declaration or the by-laws.\n 5. "Common interest" means the (i) proportionate, undivided interest\nin fee simple absolute, or (ii) proportionate undivided leasehold\ninterest in the common elements appertaining to each unit, as expressed\nin the declaration.\n 6. "Common profits" means the excess of all receipts of the rents,\nprofits and revenues from the common elements remaining after the\ndeduction of the common expenses.\n * 6-a. "Consummation of the preservation plan" means, in the context\nof a preservation plan for the conversion of residential rental property\nto condominium ownership that has been accepted for filing by the\ndepartment of law pursuant to section three hundred fifty-two-eeeee of\nthe general business law and subsequently amended to disclose that said\npreservation plan has been declared effective, (i) the recording of the\ndeclaration for the condominium and (ii) the closing of title to a\ndwelling unit with a purchaser under the preservation plan.\n * NB Repealed November 5, 2031\n 7. "Declaration" means the instrument by which the property is\nsubmitted to the provisions of this article, as hereinafter provided,\nand such instrument as from time to time amended, consistent with the\nprovisions of this article and of the by-laws.\n * 7-a. "Income-restricted rental unit", as used in section three\nhundred thirty-nine-mm of this article, means a unit that also meets the\ndefinition of "income-restricted rental unit" set forth in section three\nhundred fifty-two-eeeee of the general business law.\n * NB Repealed November 5, 2031\n 8. "Majority" of unit owners means either (i) more than fifty per cent\nin common interest in the aggregate, or (ii) more than fifty per cent in\nnumber of units in the aggregate, or (iii) more than fifty per cent in\nthe aggregate in both common interest and in number of units, as may be\nspecified herein or in the declaration or the by-laws with respect to\nany matter or matters. Any specified percentage of unit owners means (i)\nsuch percentage in common interest in the aggregate, or (ii) such\npercentage in number of units in the aggregate, or (iii) such percentage\nin common interest and such percentage in number of units, as may be\nspecified herein or in the declaration or the by-laws with respect to\nany matter or matters, provided, however, that different percentages in\ninterest and in number of units may be so specified.\n * 8-a. "Offeror", as used in section three hundred thirty-nine-mm of\nthis article, means the offeror of a preservation plan to convert\nresidential rental property to condominium ownership pursuant to section\nthree hundred fifty-two-eeeee of the general business law, together with\ntheir or its nominees, assignees and successors in interest.\n * NB Repealed November 5, 2031\n 9. "Operation of the property" means and includes the administration\nand operation of the property and the maintenance, repair and\nreplacement of, and the making of any additions and improvements to, the\ncommon elements.\n 10. "Person" means a natural person, corporation, partnership,\nassociation, trustee or other legal entity.\n * 10-a. "Preservation plan", as used in section three hundred\nthirty-nine-mm of this article, means an offering statement or\nprospectus submitted to the department of law pursuant to section three\nhundred fifty-two-eeeee of the general business law for the conversion\nof a building or group of buildings or development from rental status to\ncondominium ownership, wherein the offeror documents that it has entered\ninto a regulatory agreement with a relevant housing finance agency in\nwhich it agreed to an extended affordability term for the\nincome-restricted rental units.\n * NB Repealed November 5, 2031\n 11. "Property" means and includes the land, the building and all other\nimprovements thereon, (i) owned in fee simple absolute, or (ii) in the\ncase of a condominium devoted exclusively to non-residential purposes,\nheld under a lease or sublease, or separate unit leases or subleases,\nthe unexpired term or terms of which on the date of recording of the\ndeclaration shall not be less than thirty years, or (iii) in the case of\na qualified leasehold condominium, held under a lease or sublease, or\nseparate unit leases or subleases, the unexpired term or terms of which\non the date of recording of the declaration shall not be less than fifty\nyears, and all easements, rights and appurtenances belonging thereto,\nand all other property, personal or mixed, intended for use in\nconnection therewith, which have been or are intended to be submitted to\nthe provisions of this article.\n * 11-a. "Purchaser under the preservation plan", when used in section\nthree hundred thirty-nine-mm of this article, means a bona fide\npurchaser under the preservation plan shall refer to a person who\npurchases a dwelling unit from the offeror pursuant to the terms of a\npreservation plan that has been accepted for filing by the attorney\ngeneral. A person or entity that acquires dwelling units and assumes\ncertain obligations of the offeror shall not be considered a purchaser\nunder the preservation plan.\n * NB Repealed November 5, 2031\n 12. "Qualified leasehold condominium" means any leasehold interest in\nreal property intended to be used for either residential purposes,\ncommercial purposes, industrial purposes or any combination of such\npurposes, together with any fee simple absolute or leasehold interest in\nthe buildings and all other improvements which have been or at any time\nhereafter may be erected upon such real property, which has been or is\nintended to be submitted to the provisions of this article, provided\nthat, on the date of the recording of the declaration: (i) the battery\npark city authority or the Roosevelt Island operating corporation is the\nholder of the tenant's interest in such leasehold interest or (ii) the\nQueens West development corporation is the holder of the landlord's\ninterest in such leasehold interest or (iii) the Brooklyn bridge park\ndevelopment corporation is the holder of the landlord's interest in such\nleasehold interest, or (iv) the New York city educational construction\nfund is the holder of the landlord's interest in such leasehold interest\nfor property located in the borough of Manhattan, in the city of New\nYork, bounded on the east by Second Ave, on the west by Third Avenue, to\nthe north by East Fifty-seventh Street, and to the south by East\nFifty-sixth Street.\n * 12-a. "Qualified owner", as used in section three hundred\nthirty-nine-mm of this article, shall refer to a unit owner that also\nmeets the definition of "qualified owner" as set forth in section three\nhundred fifty-two-eeeee of the general business law.\n * NB Repealed November 5, 2031\n * 12-b. "Relevant housing finance agency", as used in section three\nhundred thirty-nine-mm of this article, shall have the same meaning as\nset forth in section three hundred fifty-two-eeeee of the general\nbusiness law.\n * NB Repealed November 5, 2031\n 13. "Recording officer" and "recording" or "recorded" shall have the\nmeanings stated in section two hundred ninety of this chapter.\n * 13-a. "Total price", when used in section three hundred\nthirty-nine-mm of this article, means the sum of the cost of all units\nin the offering, but excluding any income-restricted rental units owned\nor to be transferred to a qualified owner, at the last price which was\noffered to tenants in occupancy prior to the effective date of the\npreservation plan regardless of the number of sales made.\n * NB Repealed November 5, 2031\n 14. "Unit" means a part of the property intended for any type of use\nor uses, and with an exit to a public street or highway or to a common\nelement or elements leading to a public street or highway, and may\ninclude such appurtenances as garage and other parking space, storage\nroom, balcony, terrace and patio, but in no event may utility facilities\nsuch as those for water or sewerage treatment or power generation appear\nas single units.\n 15. "Unit designation" means the number, letter or combination thereof\nor other official designations conforming to the tax lot number, if any,\ndesignating the unit in the declaration and on the floor plans.\n 16. "Unit owner" means the person or persons owning a unit in fee\nsimple absolute or, in the case either (i) of a condominium devoted\nexclusively to non-residential purposes, or (ii) a qualified leasehold\ncondominium, owning a unit held under a lease or sublease.\n