13 CRR-NY 22.7NY-CRR
13 CRR-NY 22.7
13 CRR-NY 22.7
22.7 Description of HOA property and specifications or building condition.
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.
13 CRR-NY 22.7
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.