Current through Register Vol. 46, No. 39, September 25, 2024
Each offering plan submitted pursuant to this Part must
include a comprehensive narrative description of the building(s) and property
owned or maintained by the HOA. For newly constructed buildings, the condition
of all items is presumed to be new and need not be stated; if the condition is
other than new, so state. For existing buildings, emphasis should be on present
condition of premises including deficiencies probably unknown to commercial
occupants, rather than the description of material make-up visually obvious.
The inspection of the property upon which the description is based must have
taken place within 180 days prior to submission of the offering plan to the
Department of Law. The Department of Law may in its discretion require a
further inspection and report. For existing buildings, the condition of all
systems and materials must be fully described. Such report(s) shall disclose
all defective conditions apparent upon inspection, and shall note any defective
condition which is hazardous or which requires immediate repair to prevent
further deterioration. Identify and describe all applicable items in the order
listed below.
(a) Describe the
location of the property.
(b)
Site.
Discuss:
(1) size
(acreage);
(2) number of buildings
and use;
(3) streets owned or
maintained by the HOA:
(i) paving (materials,
thickness, width and condition);
(ii) curbing (material and
condition);
(iii) catch basins,
drainage (location and condition);
(iv) street and sidewalk lighting (material,
type, location and condition);
(v)
whether streets will be built according to applicable governmental standards
for public streets and/or will be dedicated to the local governing
authority;
(4) drives,
sidewalks and ramps:
(i) paving (materials,
thickness, width and condition);
(ii) curbing (material and
condition);
(iii) catch basins,
drainage (location and condition).
(c)
Sub-soil conditions.
Describe (including water conditions):
(1) whether load-bearing capacity and
porosity is sufficient to support buildings;
(2) whether there is any moisture or seepage
and indicate whether corrective action is needed;
(3) whether there is any danger from
flooding, either due to water table in the area or overflow from other bodies
of water. Note potential for mudslides or erosion and what preventive action is
appropriate.
(d)
Landscaping and enclosures.
Generally describe the following. Where an item is not
specifically identifiable, it may be generally described,
e.g., "two rows of deciduous trees" rather than "12 poplar and
12 maple trees in two lines":
(1)
grass cover (type, location);
(2)
plantings (type, location);
(3)
trees (location);
(4) fencing
(type, location);
(5) gates (type,
location);
(6) garden walls (type,
location);
(7) retaining walls
(type, location);
(8) display pools
and foundations (location, materials).
(e)
Utilities.
Identify source or provider of each utility. Specifically
identify which are public utilities or regulated companies and which are solely
the obligation of the HOA.
(f)
Sewers.
(1) Sanitary sewage system.
Describe, including:
(i) sewage piping (materials);
(ii) sewage pumps (if any);
(iii) sewage disposal (public/private;
treatment; drainfield, sewer).
(2) Permit(s) required.
List and include date(s) obtained.
(3) Storm drainage system.
Describe system, method of disposal and materials
including:
(i) catch basins (number,
location);
(ii) yard and roof
drains (number, location);
(iii)
piping (materials);
(iv) eject or
sump pumps (describe in detail and describe conditions requiring
pumps).
(g)
Refuse disposal.
Describe, including:
(1) incinerator(s) (number, location,
capacity, type, manufacturer);
(2)
compactor(s) (number, location, capacity, type, manufacturer);
(3) approvals by authority having
jurisdiction (date of each approval);
(4) initial storage location (ultimate
storage location);
(5) pick-up
schedule and whether public or private provider.
(h)
Garages and parking areas.
Describe, where applicable:
(1) location of garages (description of
facility);
(2) location of parking
areas (number of spaces in each);
(3) surfaces (materials used, lighting,
fencing, etc.);
(4) parking
(attended or not attended);
(5)
garage ventilation (method and equipment);
(6) garage fire protection (method and
equipment);
(7) drainage.
Specify all applicable items in subdivisions (i) through
(q) of this section for each building:
(i)
Building size.
Specify:
(1) use,
e.g., clubhouse, gymnasium, sauna, pool filtration,
etc.;
(2) total height (approximate
total feet from ground level to highest part of roof);
(3) crawl spaces (floor to ceiling
height);
(4) number of cellars and
sub-cellars;
(5) number of floors
(actual);
(6) equipment rooms
(location and use);
(7) parapet
(height above roof).
(j)
Status of construction.
State:
(1) year
built;
(2) class of
construction;
(3) certificate of
occupancy, type and number;
(4)
alteration permit numbers and description of work done.
(k)
Structural system.
Describe materials used. Include details of
foundation(s).
(l) Exterior
of buildings:
(1) Walls: List materials type
of construction, method of construction. For New York City buildings, if Local
Law 10 applies, state the results of the inspection. If Local Law 10 is
inapplicable, so state. If insulated, specify "R" factor and
material.
(2) Windows: Specify type
and materials in all parts of the building including sills, screens, window
guards, lintels, storm sash, hardware, single or double glazing and
caulking.
(3) Parapets and copings:
State type of materials and how secured in place.
(4) Chimneys and caps: Indicate number,
location and material of each chimney for boilers, incinerators and fireplaces.
If fireplaces are not usable for wood fires, disclose this fact
conspicuously.
(5) Balconies and
terraces.
Describe:
(i) deck
finish (material);
(ii) balustrade
(type, material);
(iii) railings
(material);
(iv) coping
(material);
(v) soffits
(material);
(vi) doors to balconies
and terraces (type, material).
(6) Exterior entrances.
Describe:
(i)
exterior doors and frames (material, type, lock);
(ii) vestibule doors and frames (material,
type, lock);
(iii) exterior stairs
(material, location);
(iv) railings
(material, location);
(v) mail
boxes (type, location);
(vi)
lighting (type, location).
(7) Service entrances.
Describe:
(i) doors
and frames (material, type, lock);
(ii) gates (material, type, lock);
(iii) exterior stairs (material,
location);
(iv) railings
(materials, location).
(8) Roof and roof structures.
Describe:
(i) type
roofs for all areas:
(a) materials;
(b) insulation ("R" factor);
(c) surface finish;
(d) bond or guarantee, provide
details;
(e) flashing materials
including counter flashing.
(ii) drains:
(a) number;
(b) material and type;
(c) gutters and leaders (type,
material);
(iii)
skylights (location, type, material).
(iv) bulkheads:
(a) stairs (materials);
(b) elevator (materials);
(c) other;
(v) metal work at roof levels:
(a) exterior, metal stairs
(materials);
(b) vertical ladders,
including gooseneck (material);
(c)
railings (material);
(d) hatches to
roof (type, material);
(e)
other;
(vi) rooftop
facilities (describe in detail).
(9) Fire escapes.
Specify whether sufficient to meet or exceed local codes
(describe at each floor):
(i) location
(describe how attached and supported);
(ii) floors covered;
(iii) drop ladder;
(iv) type;
(v) materials.
(10) Yard and courts.
Describe each yard or court including front, rear and
interior areas, listing methods of access:
(i) paving (material);
(ii) drainage (type and material);
(iii) railings (material);
(iv) stairs (material);
(v) fencing (type and material);
(vi) walls (type and material).
(m)
Interiors of
building(s).
(1) Interior stairs.
Describe:
(i)
number of stairs of each type;
(ii)
enclosure (construction and interior finishes);
(iii) stair construction (steel, concrete,
wood);
(iv) stringers
(material);
(v) treads
(material);
(vi) risers
(material);
(vii) guard rails
(material);
(viii) balustrade
(material).
(2) Interior
doors and frames.
Describe material, type, location or each and state whether
fireproof or whether they exceed fire/safety standard:
(i) unit entrance and interior doors and
frames;
(ii) corridor doors and
frames;
(iii) stair hall doors and
frames;
(iv) roof doors, basement
doors and frames.
(3)
Elevators.
Describe:
(i)
number of passenger and service elevators;
(ii) manufacturer, age of each and
capacity;
(iii) type of operation
for each elevator by elevator number;
(iv) automatic (type of controls);
(v) floors served;
(vi) type (hydraulic, gearless);
(vii) doors (sliding, swinging, manual,
automatic);
(viii) location of
machine rooms;
(ix) DC to motor
(manufacturer);
(x) AC to
motor-generator set (manufacturer);
(xi) other.
(4) Elevator cabs.
Describe:
(i) kind
(manufacturer);
(ii) floor
(material);
(iii) walls
(material);
(iv) ceiling
(material);
(v) lighting.
(n)
Plumbing and drainage.
(1) Water
supply.
Describe system, pumps, storage and location.
(2) Fire protection system.
Describe:
(i)
standpipes (material, size, location);
(ii) hose racks, hoses and nozzles
(location);
(iii) sprinkler heads
(type system, location);
(iv)
siamese connection (type, location).
(3) Water storage tank(s) and enclosures.
Describe:
(i)
number, type, location of each;
(ii) material (interior, exterior and roof of
tank);
(iii) access to tank
(e.g., vertical, gooseneck ladder);
(iv) capacity (total gallons);
(v) capacity (fire reserve).
(4) Water pressure and
how maintained.
(o)
Heating.
Describe:
(1)
capacity for heating and distributing domestic hot water in terms of gallons,
usage and recovery rates. Describe heating system's adequacy to maintain
comfortable conditions under anticipated weather conditions, specifying
internal temperature and ambient temperature used in calculations;
(2) number of boilers or heating units and
description;
(3) manufacturer and
age of boiler(s) or heating units (model, capacity);
(4) manufacturer and age of burners
(model);
(5) type of
controls;
(6) radiators, piping,
ducting, insulation, valves, pumps;
(7) fuel (for oil give type and
grade);
(8) location of oil or gas
tank, materials, enclosure;
(9)
capacity of oil or gas tank.
(p)
Air conditioning.
Describe cooling system's adequacy to maintain comfortable
conditions under anticipated weather conditions, specifying internal
temperature and base ambient temperature used in calculations. Include (or
specify):
(1) type of
system;
(2) central system (give
manufacturer, model and capacity);
(3) cooling towers, condensers (roof top,
self-contained units, including number, location and description);
(4) Individual units (window/sleeve - specify
number, capacity, special electrical requriements).
(q)
Electrical system.
Specify:
(1)
service entrances to main service switchgear (amperes, voltage, phases, wire
protective equipment);
(2)
compartment switch gear (location and floor of sectional meter boards and
transformers supplying power to the meter boards);
(3) intercommunication and/or door signal
systems;
(4) whether wiring is
copper, aluminum, or both; if it is both, provide details.
(r)
Television reception
facilities.
(Master antennae, cable TV, antennae by tenants, security
closed circuit TV.)
(s)
Recreation facilities where not already described above as part of
building.
(If on roof, specify support system.)
(1) Swimming pools (material, size, including
length, width, depth and maximum capacity):
(i) enclosure or fencing (material, including
roof);
(ii) pumping and filter
system (describe material);
(iii)
approval by local authority;
(iv)
decking (material, size, finish);
(v) diving boards.
(2) Tennis courts:
(i) type (clay, macadam, turf);
(ii) number and size;
(iii) lighting (number and type);
(iv) fencing or enclosure (including distance
between fence or enclosure and all sides of court).
(3) Other (e.g., golf
courses, boating facilities, etc.).
(t)
General information.
Describe any fire or smoke safety devices installed.
(u)
Additional information
required.
Include the following in Part II of the plan. Maps and
plans must be easily readable. Fold out maps or plans should be used when
needed.
(1) A site plan showing all
roads, the outside dimension of all buildings and clearly designated common
areas including parking, recreation and refuse disposal areas. Differentiate
sections or phases of the HOA.
(2)
An area map showing the location of the homeowners association property with
respect to its surroundings.
(3) If
individual homes or lots cannot be easily identified from the site plan,
include a plot plan.
(4) For all
buildings described, include floor plans which show dimensions of
rooms.
(5) State whether site plan
and/or subdivision map have been approved by the local governmental agencies
whose approvals are required; list special conditions, if any, which are part
of said approvals.
(v)
Asbestos.
With respect to structures or buildings on common areas
which are not newly constructed, state whether asbestos containing material
(ACM) is present in the insulation or fireproofing material anywhere in the
building(s). Sponsor shall perform such tests as are necessary to make such
determination. In the event that ACM is present, sponsor shall have a person
who is qualified to render an opinion on asbestos, prepare a report on the
asbestos in the building(s) (the asbestos report). Such asbestos report shall
contain at least the following information:
(1) The qualification of the person preparing
the report.
(2) A detailed
inventory of the asbestos in each building or structure and in all other areas
of the property, including the location, amount of ACM, type and concentration
of asbestos in the ACM, and condition. State whether the presence of any of the
ACM poses an immediate health or safety hazard.
(3) Recommendations for handling each and
every item of the asbestos inventory, i.e., removal,
enclosure, encapsulation, or leaving undisturbed.
(4) How the recommendations should be
implemented. Include, if applicable, whether use of certain rooms or structures
will be limited and the projected duration thereof. State whether the work must
be performed in compliance with applicable laws.
(5) A recommendation protocol for the future
handling and maintenance of asbestos which will remain in the building, whether
encapsulated, enclosed or left undisturbed.
(w)
Lead-based paint.
Include records, reports, violations and any other
information known or available to the sponsor or its agents concerning the
presence of lead-based paint and/or lead-based paint
hazards.
