Section 339-EE. Effect of other laws  


Latest version.
  • 1. All units of a property which shall
      be  submitted  to  the  provisions of this article shall be deemed to be
      cooperative interests in realty within  the  meaning  of  section  three
      hundred  fifty-two-e of the general business law. Article nine-A of this
      chapter shall not apply to the property or any unit. Article  eleven  of
      the  tax  law  shall  not  apply  to declarations or any lien for common
      charges provided for in this article.  Any  provision  of  the  multiple
      dwelling  law,  the  multiple  residence  law,  or  any  state  building
      construction code as to multiple residences pursuant to  the  provisions
      of  article eighteen of the executive law, requiring registration by the
      owner or other person having control of a  multiple  dwelling  shall  be
      deemed  satisfied  in the case of a property submitted to the provisions
      of  this  article  by  registration  of  the  board  of  managers,  such
      registration  to include the name of each unit owner and the designation
      of his or her unit; each unit  owner  shall  be  deemed  the  person  in
      control of the unit owned by him or her, and the board of managers shall
      be  deemed the person in control of the common elements, for purposes of
      enforcement of any such law or code, provided, however, that  all  other
      provisions  of  the  multiple  dwelling  law  or multiple residence law,
      otherwise applicable, shall be in full force and  effect,  and  provided
      further  that in a city with a population of one million or more persons
      registration required by a housing maintenance code of such  city  shall
      be  deemed  satisfied  in  the  case  of  a  property  submitted  to the
      provisions of this article by registration  of  the  board  of  managers
      which  need  not include the name of each unit owner and the designation
      of his or her unit.
        2. In the event the proceeds of a construction mortgage  were  applied
      to  construction  of a unit of a condominium submitted to the provisions
      of this article, or in the event that a unit submitted to the provisions
      of this act was subject  to  a  blanket  mortgage  whose  proceeds  were
      applied  exclusively  to  payment  of  the  construction  mortgage or to
      capital expenditures or expenses for the development or operation of the
      condominium, or to purchase of land or  buildings  for  the  condominium
      provided  that  such  purchase  was  no more than two years prior to the
      recording of the declaration of condominium, and  a  mortgage  recording
      tax was duly paid on such construction or blanket mortgage in accordance
      with  article  eleven  of  the  tax  law,  then,  as  each unit is first
      conveyed, there shall be allowed a credit against the mortgage recording
      taxes (except the special additional mortgage recording tax  imposed  by
      subdivision  one-a  of  section  two hundred fifty-three of the tax law)
      that would otherwise be payable  on  a  purchase  money  mortgage,  said
      credit to be in the amount resulting from the product of the purchaser's
      pro  rata percentage of interest in the common elements and the mortgage
      tax already paid on the construction or blanket  mortgage.    No  credit
      shall  be  allowed  under this subdivision (a) on account of the special
      additional mortgage  recording  tax  imposed  by  subdivision  one-a  of
      section  two  hundred  fifty-three of the tax law or (b) where the first
      condominium unit is sold more than two years after the  construction  or
      blanket mortgage was recorded.
        3.  Unless  specifically  exempted by a provision of this article, all
      property subject to the provisions of this article shall continue to  be
      subject  to all laws, rules and resolutions adopted by any county, city,
      town or village for the health, safety and welfare of its inhabitants or
      for regulation of the use of real property. Every county, city, town and
      village shall continue to have all enforcement powers  created  by  such
      laws,  rules or resolutions or the enabling acts of such laws, rules and
      resolutions and  may  exercise  those  enforcement  powers  against  any
      violation involving property subject to the provisions of this article.
    
        4. Any estimate of tax liability required by any rule adopted pursuant
      to  this  article  shall  not be binding upon any municipality or public
      official and any document containing such an estimate  shall  contain  a
      notice to that effect.