§ 339-EE — Effect of other laws

New York § 339-EE

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

Text

§ 339-ee. Effect of other laws. 1. All units of a property which shall\nbe submitted to the provisions of this article shall be deemed to be\ncooperative interests in realty within the meaning of section three\nhundred fifty-two-e of the general business law. Article nine-A of this\nchapter shall not apply to the property or any unit. Article eleven of\nthe tax law shall not apply to declarations or any lien for common\ncharges provided for in this article. Any provision of the multiple\ndwelling law, the multiple residence law, or any state building\nconstruction code as to multiple residences pursuant to the provisions\nof article eighteen of the executive law, requiring registration by the\nowner or other person having control of a multiple dwelling shall be\ndeemed satisfied in the case of a property submitted to the provisions\nof this article by registration of the board of managers, such\nregistration to include the name of each unit owner and the designation\nof his or her unit; each unit owner shall be deemed the person in\ncontrol of the unit owned by him or her, and the board of managers shall\nbe deemed the person in control of the common elements, for purposes of\nenforcement of any such law or code, provided, however, that all other\nprovisions of the multiple dwelling law or multiple residence law,\notherwise applicable, shall be in full force and effect, and provided\nfurther that in a city with a population of one million or more persons\nregistration required by a housing maintenance code of such city shall\nbe deemed satisfied in the case of a property submitted to the\nprovisions of this article by registration of the board of managers\nwhich need not include the name of each unit owner and the designation\nof his or her unit.\n 2. In the event the proceeds of a construction mortgage were applied\nto construction of a unit of a condominium submitted to the provisions\nof this article, or in the event that a unit submitted to the provisions\nof this act was subject to a blanket mortgage whose proceeds were\napplied exclusively to payment of the construction mortgage or to\ncapital expenditures or expenses for the development or operation of the\ncondominium, or to purchase of land or buildings for the condominium\nprovided that such purchase was no more than two years prior to the\nrecording of the declaration of condominium, and a mortgage recording\ntax was duly paid on such construction or blanket mortgage in accordance\nwith article eleven of the tax law, then, as each unit is first\nconveyed, there shall be allowed a credit against the mortgage recording\ntaxes (except the special additional mortgage recording tax imposed by\nsubdivision one-a of section two hundred fifty-three of the tax law)\nthat would otherwise be payable on a purchase money mortgage, said\ncredit to be in the amount resulting from the product of the purchaser's\npro rata percentage of interest in the common elements and the mortgage\ntax already paid on the construction or blanket mortgage. No credit\nshall be allowed under this subdivision (a) on account of the special\nadditional mortgage recording tax imposed by subdivision one-a of\nsection two hundred fifty-three of the tax law or (b) where the first\ncondominium unit is sold more than two years after the construction or\nblanket mortgage was recorded.\n 3. Unless specifically exempted by a provision of this article, all\nproperty subject to the provisions of this article shall continue to be\nsubject to all laws, rules and resolutions adopted by any county, city,\ntown or village for the health, safety and welfare of its inhabitants or\nfor regulation of the use of real property. Every county, city, town and\nvillage shall continue to have all enforcement powers created by such\nlaws, rules or resolutions or the enabling acts of such laws, rules and\nresolutions and may exercise those enforcement powers against any\nviolation involving property subject to the provisions of this article.\n 4. Any estimate of tax liability required by any rule adopted pursuant\nto this article shall not be binding upon any municipality or public\nofficial and any document containing such an estimate shall contain a\nnotice to that effect.\n