42. The Rules and Regulations govern the use of the Units and Common Elements and may be amended from time to time by the Board of Managers.

Transcription

1 No Unit Owner or any visitor, guest, patient, employee or any client of a Unit Owner shall be allowed in any common heating, electrical or mechanical equipment area without the express permission of the Board of Managers. 18. All damage to the Buildings or Common Elements caused by the moving or carrying of any article therein shall be paid by the Unit Owner responsible for the presence of such article. 19. Any damage to the Building or equipment caused by Unit Owners, Unit Owner's guests, visitors, clients, patients or employees shall be repaired at the expense of the said Unit Owner. 20. No Unit Owner shall use or permit to be brought into the Building any flammable oils or fluids such as gasoline, kerosene, naphtha, benzene, or other explosives or articles deemed hazardous to life, limb, or property without in each case obtaining the written consent of the Board of Managers. 21. Except as provided above, the Unit Owner shall not be allowed to put the Unit Owner's name on any entry to the Building or entrance to any Unit, except in the proper places approved by the Board of Managers for such purposes. 22. No Unit Owner shall interfere in any manner with any portion of the heating or lighting apparatus which are part of the Common Elements and not part of the Unit Owner's Unit. 23. Complaints regarding the management of the Building or regarding the actions of other Unit Owners shall be made in writing to the Board of Managers or the Managing Agent. 24. No Unit shall be used or be occupied in such manner as to obstruct or interfere with the enjoyment of occupants or owners of adjoining Units; nor shall any nuisance or illegal activity be committed or permitted to occur in or about any Unit or upon any part of the Common Elements. 25. Certain parts of the Common Elements are intended for the purpose of affording pedestrian movement within the Condominium and of providing access to the Units. No part of the General Common Elements shall be obstructed in any way which may interfere with its use for the purposes herein-above described, nor shall any part of the General Common Elements be used for general storage purposes, except maintenance storage; nor shall anything be done thereon in any manner which shall increase the rate of hazard and liability insurance covering said area and improvements situated thereon. 26. The sidewalks, entrances, passages, public halls, corridors and stairways of or appurtenant to the Building shall not be obstructed or used for any purpose other than ingress to and egress from the Units. There shall be no playing or loitering in the entrances, passages, elevators, corridors, stairways, or fire towers, if any, of the Building. No vehicle belonging to a Unit Owner, to a family member of a Unit Owner, or to a guest, tenant, subtenant, licensee, invitee, employee, or agent of a Unit Owner shall be parked in such a manner as to impede or prevent ready access to any entrance to, or exit from the Building.

2 No immoral, improper, offensive, or unlawful use shall be made of the Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the Property, shall be eliminated, by and at the sole expense of the Unit Owners, or the Board of Managers if not caused by a Unit Owner, whichever shall have the obligation to maintain or repair such portion of the Property. 28. Nothing shall be done or kept in any Unit or in the Common Elements that will increase the rate of insurance for the Property without the prior written consent of the Board of Managers. No Unit Owner shall permit anything to be done or kept in his/her Unit or in the Common Elements that will result in the cancellation of insurance for the Property. 29. The agents of the Board of Managers or the Managing Agent, and any contractor or workman authorized by the Board of Managers or the Managing Agent, may enter any room or Unit at any reasonable hour of the day, on at least one day's prior notice to the Unit owner, for the purpose of inspecting such Unit for the presence of any vermin, insects, or other pests and for the purpose of taking such measures as may be necessary to control or exterminate any such vermin, insects, or other pests; however, such entry, inspection and extermination shall be done in a reasonable manner so as not to unreasonably interfere with the use of such Unit for its permitted purposes. 30. The Board of Managers or the Managing Agent shall retain a pass-key to each Unit. If any lock is altered or a new lock is installed, the Board of Managers or the Managing Agent shall be provided with a key thereto immediately upon such alteration or installation. If the Board of Managers or the Managing Agent must gain access to a Unit for emergency purposes and a Unit Owner has not furnished a key to the Board of Managers or Managing Agent as provided in this paragraph, then the affected Unit Owner shall be liable and responsible for any damage to the Common Elements or such Unit caused by the Board of Managers or Managing Agent in gaining access to such Unit. If the Unit Owner is not personally present to open and permit any entry to his Unit at any time when an entry therein is necessary or permissible under these Rules and Regulations or under the By-Laws, and has not furnished a key to the Board of Managers or the Managing Agent, then the Board of Managers or Managing Agent or their agents (but, except in an emergency, only when specifically authorized by an officer of the Condominium or any officer of the Managing Agent) may forcibly enter such Unit without liability for damages or trespass by reason thereof (if, during such entry, reasonable care is give to such Unit Owner's property). 31. If any key or keys are entrusted by a Unit Owner, by any family member thereof, or by his agent, servant, employee, licensee, or visitor to an employee of the Condominium or of the Managing Agent, whether for such Unit Owner's Unit or an automobile, trunk, or other item of personal property, the acceptance of the key shall be at the sole risk of such Unit Owner, and neither the Board of Managers nor the Managing Agent shall (except as provided in Rule 30 above) be liable for injury, loss, or damage of any nature whatsoever, directly or indirectly resulting therefrom or connected therewith.

3 No Unit Owner or other occupant of the Building shall engage any employee of the Condominium or of the Managing Agent for private business without prior written consent of the Board of Managers. 33. Any consent or approval given under these Rules and Regulations may be amended, modified, added to, or repealed at any time by resolution of the Board of Managers. Further, any consent or approval may, in the discretion of the Board of Managers or the Managing Agent, be conditional in nature. 34. Smoke detectors and carbon monoxide detectors must be installed in every Unit as required by the New York City Building Code. It is the obligation of the Unit Owner to maintain the alarms and make certain the units are in working order. 35. No Unit Owner shall enclose, erect a greenhouse or other structure or alter the rear yard, terrace, or balcony appurtenant to a Unit in such a way that will alter the conformity of the Building, without the prior written consent of the Board of Managers. 36. The Board of Managers or the Managing Agent may, from time to time, curtail or relocate any portion of the Common Elements devoted to storage or service purposes in the building Any curtains, shades, or other window treatments which are visible from the exterior of the Building must be either beige or white and must conform to such other specifications (including a new color) as the Board of Managers may establish from time to time. 38. The exterior and interior glass surfaces of all windows and patio doors located in any Unit will not be colored or painted and are to be washed and cleaned by the Unit Owner at such Unit Owner's sole cost and expense. The Board of Managers may from time to time enforce the responsibility of the Unit Owners to wash and clean the exterior surfaces of windows and patio doors located in their respective Units. The exterior glass surfaces of windows and patio doors, may at the option of the Board of Managers, be washed and cleaned by the Board of Managers and the cost thereof will be a Common Expense. 39. No pets other than dogs, caged birds, cats and fish may be kept in a Unit without the consent of the Board of Managers and none of the foregoing may cause a nuisance, health hazard, or unsanitary condition. Each Unit Owner who keeps any type of pet in his Unit will be required to: (1) indemnify and hold harmless the Board of Managers, all Unit Owners and the managing agent from all claims and expenses resulting from the acts of such pet; and (2) abide by any and all Rules and Regulations adopted by the Board of Managers. 40. The two stair egress doors within Units on floors two through nine shall not be obstructed by anything that would prevent the doors from opening and properly operating in the event of a fire or other emergent circumstance requiring the evacuation of the Unit or Building. 41. The corridor between the two stair egress doors within Units on floors two through nine shall also not be obstructed or closed off to permit either door from being accessed within the Unit.

4 The Rules and Regulations govern the use of the Units and Common Elements and may be amended from time to time by the Board of Managers. However, no amendment of the Rules and Regulations shall be applicable to any unit owned by the Sponsor unless agreed to by the Sponsor or a designee of the Sponsor, as the case may be.

5 270 CERTIFICATION BY SPONSOR PURSUANT TO SEC.20.4(b) OF THE REGULATIONS ISSUED PURSUANT TO GENERAL BUSINESS LAW, ARTICLE 23-A, AS AMENDED New York State Department oflaw 120 Broadway. 23rct Floor New York, NY Attn: Re: Real Estate Financing Bureau 83 Walker Condominium 83 Walker Street New York, New York The undersigned certifies as follows: We are the Sponsor and the principals of the Sponsor, 83 Walker LLC, of the condominium offering plan for the captioned property. We understand that we have primary responsibility for compliance with the provisions of Article 23-A of the General Business Law, the regulations promulgated by the Department of Law in Part 20 and such other laws and regulations as may be applicable. We have read the entire offering plan. We have investigated the facts set forth in the offering plan and the underlying facts. We have exercised due diligence to form a basis for this certification. We certify that the offering plan does, and that documents submitted hereafter by me which amend or supplement the offering plan will: (i) set forth the detailed terms of the transaction and be complete, current and accurate; (ii) afford potential investors, purchasers and participants an adequate basis upon which to found their judgement; (iii) not omit any material fact; (iv) not contain any untrue statement of a material fact; (v) not contain any fraud, deception, concealment, suppression, false pretense or fictitious or pretended purchase or sale;, (vi) not contain any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing circumstances; (vii) not contain any representation or statement which is false, where I: (a) knew the truth; (b) with reasonable effort could have known the truth; (c) made no reasonable effort to ascertain the truth; or (d) did not have knowledge concerning the representation or statement made.

6 271 This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made. We understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law. Sworn to before me this \l':''day of 1-t :.-ch, WALKER LLC Sworn to before me this \l-tday of ~vel-.., 2017 ~~~~ - ~ Notary Public Cassandra Dillenberger BRENDA CAROL DIXON NOTARY PUBLIC-STATE OF NEW YORK No Qualified in Bronx County My Commission Expires November 04, 2017

7 272 CERTIFICATION OF SPONSOR'S ENGINEER PURSUANT TO SECTION 20.4(c) OF THE REGULATIONS ISSUED PURSUANT TO GENERAL BUSINESS LAW, ARTICLE 23-A AS AMENDED. December 9, 2016 New York State Department of Law 120 Broadway, 23'd Floor New York, NY Attn: Re: Real Estate Financing Bureau 83 Walker Street New York, NY I, the undersigned, a registered architect in the State of New York, certify as follows: The sponsor of the offering plan to convert the captioned property to condominium ownership retained my firm to prepare a report describing the construction of the property (the "Report"). I visually inspected the existing conditions of the property under construction on September 6, 2016, and 1 examined the building plans and specifications that were prepared by my firm, dated January 29, 2013 and prepared the Report dated December 9, 2016, a copy of which is intended to be incorporated into the offering plan so that prospective Purchasers may rely on the Report. I am a registered architect in the State in which the property is located. I understand that I am responsible for complying with Article 23-A of the General Business Law and the regulations promulgated by the Department of Law in Part 20 insofar as they are applicable to this Report. I have read the entire Report and investigated the facts set forth in the Report and the facts underlying it with due diligence to form a basis for this certification. This certification is made for the benefit of all persons to whom this offer is made. I certify that the Report: (i) sets forth in narrative form the description and/or physical condition of the entire property as it will exist upon completion of construction, provided that construction is in accordance with the plans and specifications that I examined; Morris Adjmi Architects 60 Broad Street. 32nd Floor New York. NY

8 273 Certificate of Sponsor's Engineer 83 Walker Street New York, Page 2 of 2 (ii) (iii) (iv) (v) (vi) in my professional opm1on affords potential investors, purchasers and participants an adequate basis upon which to found their judgment concerning the description and/or physical condition of the property as it will exist upon completion of construction, provided that construction is in accordance with the plans and specifications that I examined; does not omit any material fact; does not contain any untrue statement of a material fact; does not contain any fraud, deception, concealment, or suppression; does not contain any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing circumstances; (vii) does not contain any representation or statement which. is false, where 1: (a) (b) (c) (d) knew the truth; with reasonable effort, could have known the truth; made no reasonable effort to ascertain the truth; or did not have knowledge concerning the representation or statement made. I further certify that I am not owned or controlled by and have no beneficial interest in the sponsor and that my compensation for preparing this Repo rt is not contingent on the conversion of the property to a condominium or on the profitability or price of the offering. This statement is not intended as a guarantee or warranty of the physical condition of the property. Sworn to before me this.!l day of 'Dccemb<r, 2016 MORRIS ADJMI ARCHITECTS Morris Adjmi, R.A. Morris Adjmi Architects 60 Broad Street, 32nd Roor New York, NY

9 274 KYROUS REALTY GROUP, Real Estate Management INC. January 19, 2017 New York State Department of Law Real Estate Financing Bureau 120 Broadway, 23rd Floor New York, NY Re: 83 Walker Condominium 83 Walker Street. New York, NY The undersigned, Harriet Kyrous, certifies as follows: The sponsor of the.condominium offering plan for the above-captioned property retained my firm to review Schedules Band B-1 for the 83 Walker Condominium containing projections of income and expenses for the first year of condominium operation. I have managed residential real estate in New York City for in excess of 20 years, 17 years as principal of my own property management firm. I have been involved in all aspects of property management including, but not limited to: budgeting, accounting, repair planning and supervision, and maintenance supervision. Below is a partial listing of properties my firm manages or I have managed over my career. 425 West 24th Street- 96 Unit Cooperative 40 West 22nd Street - 15 Unit Cooperative 74 Fifth Avenue- 36 Unit Cooperative 139 East 66th Street- 21 Unit Cooperative East 72nd Street- 20 Unit Cooperative 362 West Broadway- 7 Unit Cooperative Murray Street- 10 Unit Cond-op 66 West 84th Street-29 Unit Cooperative 380 Lenox Avenue -77 Unit Condominium 206 East 18th Street -7 Unit Cooperative 36 West 35th Street- 37 Unit Cooperative 243 West 98th Street- 30 Unit Condominium West 46th Street- 30 Unit Cooperative 2235 Frederick Douglass Boulevard- 73 Unit Condominium 125 Central Park North- 20 Unit Condominium 263 West 38th Street Suite 15E New York, NY Phone: Fax:

10 Bradhurst A venue- 26 Unit Condominiwn 352 Cathedral Parkway- 25 Unit Condominium 3 81 Lenox A venue - 29 Unit Condominium 500 Greenwich Street - 18 Unit Condominium 130 Bradhurst Avenue -133 Unit Condominiwn 34 East loth Street- 18 Unit Condominium 71 Wolcott Street, Brooklyn, NY- 60 Unit Condominium 106 West I 16th Street-32 Unit Condominium 126 West 11th Street-28 Unit Cooperative 129 West 22"d Street-16 Unit Cooperative 152 East 118th Street-57 Unit Cooperative 320 West 84th Street-38 Unit Cooperative 321 West I loth Street-69 Unit Condominium 350 West 23rd Street-14 Unit Condominium 477 Broome Street-20 Unit Cooperative Kent Avenue, Brooklyn, NY-36 Unit Condominium 1820 Madison A venue-27 Unit Cooperative 1885 Lexington A venue-29 Unit Cooperative I understand that I am responsible for complying with Article 23-A of the General Business Law and the regulations promulgated by the Department of Law in Part 20 insofar as they are applicable to Schedules B and B-1. I have reviewed the Schedules B and B-1 and investigated the fact set forth in the Schedules with and the facts underlying it with due diligencein order to form a basis for this certification. I also have relied on my experience in managing residential buildings. I certify that the projections in Schedules B and B-1 appear reasonable and adequate under existing circumstances, and the projected income appears to be sufficient to meet the anticipated operating expenses for the projected first year of condominium operation. I certify that the Schedules B and B-1 : (i) sets forth in detail the projected income and expenses for the first year of condominium operation; (ii) affords potential investors, purchasers and participants an adequate basis upon which to found their judgment concerning the first year of condominium operation; (iii) does not omit any material fact; (iv) does not contain any untrue statement of a material fact; (v) does not contain any fraud, deception, concealment, or suppression; (vi) does not contain any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing circumstances; (vii) does not contain any representation or statement which is false, where I: (a) knew the truth; (b) with reasonable effort could have known the truth; (c) made no reasonable effort to ascertain the truth; or -2-

11 276 (d) did not have knowledge concerning the representation or statement made. I further certify that I am not owned or controlled by the sponsor. I understand that a copy of this certification is intended to be incorporated intothe offering plan. This statement is not intended as a guarantee or warranty of the income and expenses for the first year of condominium operation. This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made. I understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law. Duly sworn to before me this 1-lr~day oro-l11tttj, 2017 ~ Harriet Kyrous, Pr ~ JOANNE K. NARRIDO NOTARY PUBUC, STATE OF NEW YORK Registraflon No. 01NA QuaUfiad In New York County Commission Expires August 24, 20~ -3-