NYSCEF DOC. NO. 9 Exhibit C
NYSCEF DOC. Amended NO. 9 February 15, 2012 House Rules of 451 West Broadway Cooperative, Inc. ENTRY HALL, STAIRWAY. BASEMENT STAIR. AND COMMON BASEMENT AREAS 1. All exits, including the stairs, hallways, and fire escapes must always be free of any obstructions. 2. Bicycles, scooters, baby carriages, shopping carts, etc. may never be left in any of the public passageways. 3. Children are prohibited from playing in the public passageways. 4. Access to the sprinkler system may never be blocked. 5. Basement common areas must be kept clear of personal belongings. BUILDING EXTERIOR 1. Nothing may be hung or shaken from the doors or windows. 2. Nothing may be placed on the exterior windowsills or fire escapes. 3. No awnings, signs, notices, advertisements or illuminations may be Inscribed on or exposed from the windows or any part of the building without written approval from the Lessor. 4. No radio or television aerials or dishes may be attached to or hung from the exterior of the building or Installed on the roof without written approval from the Lessor. CONSTRUCTION 1. Minor construction, repair work, or any other installation involving noise may only be conducted on weekdays (excluding legal holidays), and only between the hours of 9:00 a.m. and 5:00p.m. Major construction requires the authorization of the Board of Directors (see By-Law section 6.0317). 2. Neighbors directly above and below construction must be informed of any work involving noise or other disturbance before it occurs. 3. The entire building must be informed at least 24 hours in advance of a water shut-off by a notice on the bulletin board in the lobby or an e-mail detailing the approximate hours the water will be off. In the event of an emergency shut-off, try to contact neighbors by telephone. 4. The co-op's sprinkler company must be used. 5. When working on heating pipes, a plumber approved by the co-op must be used, and the co-op must be informed. HEALTH AND SAFETY 1. Smoking is absolutely prohibited In the public areas of the building. 2. Prior to using any potentially hazardous or irritating substances, such as pesticides, etc. notice must be posted at least 24 hours in advance detaillng the place and time of the usage, so neighbors can plan accordingly. Only water based polyurethane and paint may be used In this building. 3. It is the responsibility of each Lessee to take any reasonable steps to prevent infestation in the individual loft. The agents of the Lessor may enter any floor to determine whether any measures are necessary to prevent infestation or to exterminate any insects, vermin, or other pests. If the Lessor determines that reasonable steps have not been taken to avoid Infestation, and needs to take action to control or exterminate pests, the cost thereof shall be payable by the Lessee as an additional fee. NOISE AND COURTESY 1. No Lessee shall make or permit any disturbing noises or odors in the building, or otherwise do or permit anything to be done that interferes with the rights, comfort, or convenience of the other Lessees. 2. Any group tour, exhibition, auction, or other such gathering involving some 25 or more people to be held in any loft must be announced at least 24 hours in advance on the bulletin board in the entrance hall or by e-mail. 1
NYSCEF DOC. NO. Amended 9 February ls, 2012 3. Care should be taken to not monopolize the elevator, which must be available to all residents at all times. While the elevator is in steady use because of construction or moving, priority must be given to the needs of individual residents. GARBAGE AND RECYCLING When the rules for disposing or garbage and organizing recyclables are not followed, the building receives a ticket and must pay a fine! In the Interest of having clean common areas and a clean neighborhood please observe the following : 1. Garbage may never be left anywhere in the common areas of the building- this includes the elevator, the entrance hall, and the basement. 2. The garbage/recyclables collection schedule Is as follows: After 6 p.m., garbage in black plastic garbage bags may be placed on the curb directly across from our entrance on Tuesday, Thursday, and Sunday evenings, UNLESS the following day is a legal holiday, or if there is snow and there is likely to be plowing. Recycling goes out in translucent plastic bags only on Tuesday evenings. The requirements set out by the Department of Sanitation change from time to time. Therefore, each resident should go on-line for an update at www.nyc.gov /sanitation. GENERAL 1. Damage caused by any water leakage is the responsibility of the Lessee In whose floor the leak originated, unless originating from the heating system or the plumbing stacks, in which case the Lessor shall be responsible for repairing any damage. 2. The lawyer, accountant, building manager, and any other consultants working for the co-op may only be contacted directly by an officer of the co-op on co-op business. Please 3. pass any concerns or questions on to the officers. The Managing Agent may be contacted directly in cases of emergency. 4. The lawyer, accountant, building manager, handyman, superintendent, etc., may be asked to perform private business for a Lessee, but the co-op will not pay for such private services rendered. 5. The Lessor shall have the right from time to time to curtail or relocate any basement storage space. 6. Any consent or approval given under these house rules shall be revocable at any time. 7. These house rules may be added to, amended, or repealed at any time by resolution of the board of directors of the Lessor. Any proposed changes must be posted one month in advance of the meeting in which they are to be discussed. ROOF 1. Sublessees may not use the roof. 2. Co-op members and their families may use the roof. 3. No cooking or fires of any kind are allowed on the roof. 4. Cigars, pipes, and cigarettes are not allowed on the roof. 5. Nothing sharp that could even conceivably damage the roof (high heels, cleats, etc.) is allowed on the roof. 6. Everyone must remain on the paving stones and not venture on to the tar paper. 7. All garbage must be brought down from the roof when leaving. 8. Hatch and/or roof door must be locked securely when leaving the roof. Hallway door at landing must be locked. Elevator key to sixth floor must be locked. 9. No one under 16 is permitted on the roof without an adult. 10. Small, quiet parties are permitted, provided co-op members are informed 24 hours in advance and parties end at 11 p.m. 11. No one may install any plantings on roof without the approval of the lessor (the co-op). All plantings must be placed only in small planters or boxes of plastic, ceramic, or other materials that are appropriate. They must be able to be easily removed from the roof in the 2
NYSCEF DOC. Amended NO. 9February 15, 2012 event of repair work to the roof or any of the structures associated with it. Planters may only be placed on the existing paving stones or tables that the lessor has provided for this purpose. GUESTS and ROOMMATES 1. Guests (relatives and friends) may stay in the lofts of shareholders at any time for reasonable periods that can be considered visits, not residence. Such a guest may reside in a loft for up to 30 days without the shareholder in residence. 2. The shareholder will notify the Board of Directors of the name(s) of guests and the dates of their visit by posting a notice on the lobby bulletin board or by e-mail. 3. Shareholders may share their space with a roommate under the following conditions: a. The shareholder must notify the Board of Directors of their Intention to share their space with a roommate. b. The shareholder must share the loft contemporaneously with the roommate and may not take up residence at another location. c. With the exception of married couples or domestic partners or an adult with his/her child, only one roommate Is permitted at a given time. d. Roommates must share a single common kitchen with the shareholder. 4. It Is the responsibility of the shareholder to introduce the roommate to other coop members either Individually or, preferably, at the first Board meeting following the commencement of their residence. 5. Roommates or guests are not permitted to use the roof or basement for any purpose unless accompanied by the shareholder. 6. The shareholder shall be responsible for the compliance of the House Rules by roommates and guests. SUBLETS 1. A shareholder wishing to sublet must follow the Co-op's "Sublet Guidelines." 2. The following sublease agreement will be used by all shareholders: Standard Form of Cooperative Apartment Sublease, The Real Estate Board of New York, Inc. 1998, available from the managing agent. 3. Limitations on subletting are as follows : a. The names of not more than two subtenants are allowed on a sublease. b. Only one unrelated person is allowed to live with the sublease holder; this person must be identified in the sublet application form and may be interviewed by the Board of Directors at the time the sublet application is made. If a unit is to be sublet to a family, the maximum number of inhabitants Is five; each member of the family must be identified on the sublet application form and may be interviewed at the Board's discretion. c. No further subletting or occupancy by any unapproved persons is permitted. Subtenants may not allow guests or friends to reside in or use the sublet unit at any time while the subtenant is absent. Only those individuals whose names appear on the sublet application form and who have been approved by the Board of Directors may be Issued keys to the premises. Under no circumstances may a subtenant give or Joan keys to friends or guests who are unknown or unapproved by the Board of Directors. d. Units may be subleased no more than three times within any five year period. e. The term of a sublease may be no longer than one year with the right to apply for renewal. f. Approvals of renewals shall be determined by consent of each of the contiguous neighbors and a majority vote of the Board of Directors. g. Applications for renewal must be made In writing to the Board of Directors at least two weeks prior to the beginning of the renewal period. A copy of the proposed renewal of sublease agreement must be submitted to the Board of 3
NYSCEF DOC. NO. Amended 9 February 15, 2012 Directors at that time and approval of any renewal is at the sole discretion of the Board of Directors. h. No more than four short-term sublets may occur at a given time. Short-term sublets are those having a term of three (3) months or less. i. Priority will be given to applications of shareholders who have sublet the least number of times. 4. When there are emergency or extraordinary circumstances, a shareholder who is ineligible to sublet or ineligible to extend an existing sublet may petition the Board of Directors for permission to sublet or to continue subletting. Upon review of the petition, the Board of Directors may waive these requirements upon clear and convincing evidence of hardship or in the interests of fairness; however, the applicant and subtenant must still comply with the Corporations's Proprietary Lease and House Rules. 5. Shareholders are fully responsible for compliance by their respective subtenants and their guests and employees with all applicable requirements set forth In the Proprietary Lease, Bylaws and House Rules ("Governing Documents") of the Corporation, and are fully liable for the conduct of their subtenants. 6. Prior to the commencement of a sublease, the unit owner shall submit to the Corporation a security deposit equal to one month's rental to be held in escrow until the end of the sublease period. The Board of Directors may, at its discretion, withhold all or any portion of this security deposit to cover any fines, penalties or damages incurred by the unit owner as a result of any breach of the requirements set forth in the Corporation's Documents. 7. A unit owner shall be subject to a monthly sublease surcharge of $7 per corporate share during the sublease period, payable to the Corporation, together with the shareholder's monthly maintenance fee, which amount Is determined by the Board of Directors and may be adjusted at its discretion. 8. Any unit owner whose subtenant(s) violate any term or regulation set forth in the Governing Documents will be notified in writing by the managing agent, with copies to the subtenant and the Corporation. If, after notification, the subtenant violates the Governing Documents a second time, a fine of $500 will be imposed by the Corporation to be deducted Immediately from the security deposit. If violations continue or other violations occur, the subtenant shall be fined the same amount for each new violation. Documentation of violations and fines will be made in writing by the managing agent with copies to the subtenant, unit owner, and Corporation. Any shareholder who defaults under the Proprietary Lease shall receive a termination notice. Amendments 1. All shareholders shall Install in their respective loft units primary water and gas shutoff valves to service such units and to be located In a reasonably accessible location; such valves shall be maintained by each shareholder so as to be in working condition at all times. 2. Any washing machines used or installed in a loft unit shall only be used or installed if such machine has a drain pan with leak detector and motorized ball shutoff valves, all of which shall be maintained by each shareholder in working order and good condition. 3. Each shareholder shall permit access to Lessor (i.e., to the cooperative corporation or Its managing agent) to inspect all laundry dryer ventwork from time to time for fire hazards and shareholder shall be responsible for cleaning/remediation. 4
NYSCEF DOC. Amended NO. 9February 15, 2012 4. Each shareholder shall permit access to Lessor (i.e., to the cooperative corporation or its managing agent) to Inspect all fireplace chimneys from time to time for fire hazards and shareholder shall be responsible for cleaning/remediation. 5. All shareholders shall be required to carry homeowner's insurance to cover their Improvements In their respective loft units with a minimum of $100,000 in addition to a minimum of $1,000,000 of personal liability coverage. Evidence of coverage shall be provided to the Lessor (I.e., to the cooperative corporation or Its managing agent) annually, or as requested from time to time. 5