S T A T E O F N E W Y O R K
________________________________________________________________________
5752
2009-2010 Regular Sessions
I N A S S E M B L Y
February 19, 2009
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the general business law, in relation to the physical
condition of a building being converted to cooperative or condominium
ownership, to ensure the financial solvency of cooperative apartment
corporations, to amend provisions relating to non-eviction plans and
to provide for the election of shareholders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 352-e of the
general business law, as amended by chapter 1085 of the laws of 1968, is
amended to read as follows:
(a) It shall be illegal and prohibited for any person, partnership,
corporation, company, trust or association, or any agent or employee
thereof, to make or take part in a public offering or sale in or from
the state of New York of securities constituted of participation inter-
ests or investments in real estate, mortgages or leases, including
stocks, bonds, debentures, evidences of interest or indebtedness, limit-
ed partnership interests or other security or securities as defined in
section three hundred fifty-two of this article, when such securities
consist primarily of participation interests or investments in one or
more real estate ventures, including cooperative interests in realty,
unless and until there shall have been filed with the department of law,
prior to such offering, a written statement or statements, to be known
as an "offering statement" or "prospectus" concerning the contemplated
offering which shall contain the information and representations
required by [paragraph] PARAGRAPHS (b) AND (D) of this subdivision
unless the security offering is exempted hereunder or under SUBDIVISION
TWO OF section three hundred fifty-nine-f[, subdivision two,] of this
article by rule or action of the attorney general. The term "real
estate" as used in [the] THIS paragraph shall not include mineral, oil
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08854-01-9
A. 5752 2
or timber leases or properties, or buildings, structures, land or other
realty housing or containing business offices or industry, owned or
leased by the issuer, where the issuer is not primarily engaged in the
business of buying and selling such building or other realty or leases
or interests therein. The circulation or dissemination of a non-firm
offer (including circulation or dissemination of a preliminary prospec-
tus pursuant to section ten (b) of the securities act of nineteen
hundred thirty-three, and the rules thereto appertaining) shall not
constitute making or taking part in a public offering within the meaning
of this section.
S 2. Subdivision 1 of section 352-e of the general business law is
amended by adding a new paragraph (d) to read as follows:
(D) THE PHYSICAL CONDITION OF A BUILDING BEING CONVERTED TO COOPER-
ATIVE OR CONDOMINIUM OWNERSHIP. THE OFFERING STATEMENT, REFERRED TO IN
SUBDIVISION (A) OF THIS SECTION, SHALL PROVIDE THAT THE SPONSOR OF A
PLAN TO CONVERT A BUILDING OR BUILDINGS TO COOPERATIVE OR CONDOMINIUM
OWNERSHIP SHALL CAUSE TO BE CURED (I) ALL SERIOUS VIOLATIONS OF RECORD
OF LOCAL OR STATE LAW OR REGULATIONS REGARDING CONDITIONS IN THE BUILD-
ING OR GROUNDS OF THE REAL PROPERTY WHICH IS THE SUBJECT OF THE OFFER-
ING, EXISTING ON THE DATE OF EFFECTIVENESS OF THE PLAN, EXCEPT THOSE
WHICH, IF NOT CORRECTED, WOULD NOT LEAD TO DANGEROUS OR HAZARDOUS CONDI-
TIONS, AS CERTIFIED BY A REGISTERED ARCHITECT OR PROFESSIONAL ENGINEER
RETAINED BY THE SPONSOR, AND (II) ALL DANGEROUS AND HAZARDOUS CONDITIONS
IN SUCH REAL PROPERTY EXISTING ON THE DATE OF EFFECTIVENESS OF THE PLAN
WHICH A REGISTERED ARCHITECT OR PROFESSIONAL ENGINEER RETAINED BY THE
SPONSOR CERTIFIES ARE NOT IN COMPLIANCE WITH APPLICABLE STATE OR LOCAL
LAWS OR REGULATIONS.
THE OFFERING PLAN MUST FURTHER PROVIDE THAT IF ANY SUCH VIOLATIONS OR
RECORD REFERRED TO IN SUBPARAGRAPH (I) OF THIS PARAGRAPH OR DANGEROUS OR
HAZARDOUS CONDITIONS REFERRED TO IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
ARE NOT CORRECTED BY THE CLOSING DATE, THE SPONSOR SHALL PLACE IN ESCROW
A SUM OF MONEY WHICH IS CERTIFIED BY A REGISTERED ARCHITECT OR PROFES-
SIONAL ENGINEER RETAINED BY THE SPONSOR AS SUFFICIENT TO COVER THE
REMAINING COST OF CORRECTION. THE SPONSOR MAY EXPEND THE ESCROW MONEY TO
CURE SUCH VIOLATIONS OR DANGEROUS OR HAZARDOUS CONDITIONS. IN THE EVENT
THAT THE CORRECTIVE WORK IS NOT COMPLETED WITHIN ONE YEAR OF THE CLOSING
DATE, THE SUM IN ESCROW SHALL BE TURNED OVER TO THE COOPERATIVE CORPO-
RATION OR CONDOMINIUM BOARD OF MANAGERS AND USED TO COMPLETE THE WORK.
ANY ESCROW MONEY REMAINING AFTER ALL REQUIRED WORK IS COMPLETED SHALL BE
RETURNED TO THE SPONSOR. WHERE THE SPONSOR PLACES INTO A RESERVE FUND AN
AMOUNT IN EXCESS OF THAT REQUIRED BY STATE AND LOCAL LAW WHICH IS
SPECIFICALLY ALLOCATED AND ADEQUATE TO CURE SUCH PARTICULAR VIOLATION OF
RECORD OR DANGEROUS OR HAZARDOUS CONDITION, NO MONEY NEEDS TO BE PLACED
IN ESCROW FOR SUCH VIOLATION OR DANGEROUS OR HAZARDOUS CONDITION. IF THE
SUM IN ESCROW OR SPECIFICALLY ALLOCATED IN A RESERVE FUND IS NOT SUFFI-
CIENT TO CURE SUCH VIOLATIONS OF RECORD OR DANGEROUS OR HAZARDOUS CONDI-
TIONS THE SPONSOR SHALL REMAIN LIABLE TO CURE SUCH VIOLATIONS OR DANGER-
OUS OR HAZARDOUS CONDITIONS.
S 3. Section 352-k of the general business law is amended by adding a
new subdivision 1-a to read as follows:
1-A. EVERY BROKER-DEALER WHO IS ALSO AN OFFEROR OF PARTICIPATION
INTERESTS IN REAL ESTATE, AND WHO IS REQUIRED TO FILE AN OFFERING STATE-
MENT OR PROSPECTUS WITH THE DEPARTMENT OF LAW, PURSUANT TO SECTION THREE
HUNDRED FIFTY-TWO-E OF THIS ARTICLE, SHALL HAVE AND MAINTAIN A NET CAPI-
TAL, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF THIS SECTION, EQUAL
TO NOT LESS THAN FIVE PERCENT OF THE TOTAL AMOUNT OF THE OFFERING FOR
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EACH VENTURE FOR WHICH AN OFFERING STATEMENT IS FILED. AT LEAST
ONE-FIFTH OF SUCH NET CAPITAL SHALL BE IN THE FORM OF CASH EQUIVALENTS.
THE ATTORNEY GENERAL IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE
RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
S 4. The general business law is amended by adding a new section 352-m
to read as follows:
S 352-M. CONVERSION TO COOPERATIVE CORPORATION; ESCROW REQUIRED.
EVERY OFFEROR OF PARTICIPATION INTERESTS IN REAL ESTATE, WHERE THE OFFER
CONSISTS OF COOPERATIVE INTERESTS IN RESIDENTIAL RENTAL PROPERTY BEING
CONVERTED TO A COOPERATIVE CORPORATION FORM OF OWNERSHIP SHALL BE
REQUIRED TO MAINTAIN FUNDS IN ESCROW TO SECURE PAYMENT OF ONGOING FINAN-
CIAL OBLIGATIONS AFTER THE CLOSING AT WHICH THE COOPERATIVE FORM OF
OWNERSHIP COMMENCES. WHERE THE OFFEROR HAS SOLD SHARES ALLOCATED TO MORE
THAN TWENTY-FIVE PERCENT OF THE UNITS OFFERED PRIOR TO OR CONCURRENTLY
WITH SUCH CLOSING, THE OFFEROR SHALL PLACE IN ESCROW AN AMOUNT EQUAL TO
NOT LESS THAN TWENTY-FOUR TIMES THE DIFFERENCE BETWEEN THE MONTHLY MAIN-
TENANCE DUE AND THE MONTHLY RENT DUE ON THE UNITS OF WHICH THE SPONSOR
IS THE PROPRIETARY LESSEE, WHERE THE TOTAL OF SUCH MAINTENANCE DUE
EXCEEDS THE TOTAL OF SUCH RENTS DUE. WHERE THE OFFEROR HAS SOLD FEWER
THAN TWENTY-FIVE PERCENT OF THE SHARES ALLOCATED TO UNITS OFFERED AT THE
TIME OF CLOSING, THE OFFEROR SHALL PLACE IN ESCROW AN AMOUNT EQUAL TO NO
LESS THAN THIRTY-SIX TIMES THE DIFFERENCE BETWEEN THE MONTHLY MAINTE-
NANCE AND THE MONTHLY RENT DUE ON THE UNITS OF WHICH THE SPONSOR IS THE
PROPRIETARY LESSEE, WHERE THE TOTAL OF SUCH MAINTENANCE DUE EXCEEDS THE
RENTS COLLECTIBLE. WHEN THE OFFEROR OBTAINS SALES OF SHARES ALLOCATED
TO UNITS TOTALING MORE THAN TWENTY-FIVE PERCENT OF THE UNITS, THE AMOUNT
IN ESCROW MAY BE REDUCED TO THE LOWER LEVEL SET FORTH ABOVE. THE AMOUNT
TO BE MAINTAINED IN ESCROW SHALL BE RECALCULATED ANNUALLY TO REFLECT THE
CURRENT SHORTFALL BETWEEN MAINTENANCE DUE AND RENT DUE ON THE UNITS OF
WHICH THE SPONSOR IS THE PROPRIETARY LESSEE. THE ATTORNEY GENERAL IS
HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE RULES AND REGULATIONS TO
EFFECTUATE THE PROVISIONS OF THIS SECTION.
S 5. Paragraph (a) of subdivision 7 of section 352-e of the general
business law, as amended by section 1 of part BBB-1 of chapter 57 of the
laws of 2008, is amended to read as follows:
(a) The department of law shall collect the following fees for the
filing of each offering statement or prospectus as described in subdivi-
sion one of this section: seven hundred fifty dollars for every offering
not in excess of two hundred fifty thousand dollars; for every offering
in excess of two hundred fifty thousand dollars, four-tenths of one
percent of the total amount of the offering but not in excess of thirty
thousand dollars of which one-half of said amount shall be a nonrefunda-
ble deposit paid at the time of submitting the offering statement to the
department of law for review and the balance payable upon the issuance
of a letter of acceptance for filing said offering statement. The
department of law shall, in addition, collect a fee of two hundred twen-
ty-five dollars for each amendment to an offering statement AND FOR EACH
STATEMENT FILED PURSUANT TO SUBDIVISION EIGHT-A OF THIS SECTION. For
each application granted by the department of law which permits the
applicant to solicit public interest or public funds preliminary to the
filing of an offering statement or for the issuance of a "no-filing
required" letter, the department of law shall collect a fee of two
hundred twenty-five dollars. In the event the sponsor thereafter files
an offering statement, the fee paid for the preliminary application
shall be credited against the balance of the fee due and payable on
filing. For each application granted pursuant to section three hundred
A. 5752 4
fifty-two-g of this article, the department of law shall collect a fee
of two-tenths of one percent of the amount of the offering of securi-
ties; however, the minimum fee shall be seven hundred fifty dollars and
the maximum fee shall be thirty thousand dollars. All revenue from that
portion of any fee imposed pursuant to this paragraph, which exceeds
twenty thousand dollars shall be paid by the department of law to the
state comptroller to be deposited in and credited to the real estate
finance bureau fund, established pursuant to section eighty of the state
finance law.
S 6. Section 352-e of the general business law is amended by adding a
new subdivision 8-a to read as follows:
8-A. EVERY OFFEROR OF PARTICIPATION INTERESTS IN REAL ESTATE, CONSIST-
ING OF SHARES AND CONCOMITANT UNITS IN A COOPERATIVE CORPORATION, WHICH
SHALL HAVE BEEN REQUIRED TO FILE AN OFFERING STATEMENT OR PROSPECTUS
UNDER SUBDIVISION ONE OF THIS SECTION SHALL FILE WITH THE DEPARTMENT OF
LAW AND SERVE ON ALL SHAREHOLDERS, A STATEMENT DESCRIBING THE OFFEROR'S
FINANCIAL OBLIGATIONS TO THE COOPERATIVE CORPORATION AND DISCLOSING THE
STATUS OF SUCH OBLIGATIONS. SUCH STATEMENT SHALL BE FILED AND SERVED
ANNUALLY, NO LATER THAN THREE MONTHS AFTER THE END OF THE COOPERATIVE
CORPORATION'S FISCAL YEAR. THE ATTORNEY GENERAL IS HEREBY AUTHORIZED AND
EMPOWERED TO PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE
PROVISIONS OF THIS SUBDIVISION.
S 7. Paragraph (b) of subdivision 1 of section 352-eee of the general
business law, as added by chapter 402 of the laws of 1983, is amended to
read as follows:
(b) "Non-eviction plan". A plan which may not be declared effective
until at least [fifteen] THIRTY-FIVE percent of those bona fide tenants
in occupancy of all dwelling units in the building or group of buildings
or development on the date the plan [is declared effective] WAS ACCEPTED
FOR FILING BY THE ATTORNEY GENERAL shall have executed and delivered
written agreements to purchase under the plan[. As to tenants who were
in occupancy on the date a letter was issued by the attorney general
accepting the plan for filing, the purchase agreement shall be executed
and delivered] pursuant to an offering made in good faith without fraud
and WITH NO discriminatory repurchase agreements or other discriminatory
inducements.
S 8. Subparagraph (i) of paragraph (c) of subdivision 2 of section
352-eee of the general business law, as added by chapter 402 of the laws
of 1983, is amended to read as follows:
(i) The plan may not be declared effective until at least [fifteen]
THIRTY-FIVE percent of those bona fide tenants in occupancy of all
dwelling units in the building or group of buildings or development on
the date the plan [is declared effective] WAS ACCEPTED FOR FILING BY THE
ATTORNEY GENERAL shall have executed and delivered written agreements to
purchase under the plan[. As to tenants who were in occupancy on the
date a letter was issued by the attorney general accepting the plan for
filing, the purchase agreement shall be executed and delivered] pursuant
to an offering made in good faith without fraud and WITH NO discrimina-
tory repurchase agreements or other discriminatory inducements.
S 9. Paragraph (c) of subdivision 2 of section 352-eee of the general
business law is amended by adding a new subparagraph (viii) to read as
follows:
(VIII) THE TENANTS IN OCCUPANCY ON THE DATE THE ATTORNEY GENERAL
ACCEPTS THE PLAN FOR FILING SHALL HAVE THE EXCLUSIVE RIGHT TO PURCHASE
THEIR DWELLING UNITS OR SHARES ALLOCATED THERETO FOR NINETY DAYS AFTER
THE PLAN IS ACCEPTED FOR FILING BY THE ATTORNEY GENERAL AND PRESENTED TO
A. 5752 5
THE TENANTS, DURING WHICH TIME A TENANT'S DWELLING UNIT SHALL NOT BE
SHOWN TO A THIRD PARTY UNLESS SUCH TENANT HAS, IN WRITING, WAIVED HIS OR
HER RIGHT TO PURCHASE; SUBSEQUENT TO THE EXPIRATION OF SUCH NINETY DAY
PERIOD, A TENANT IN OCCUPANCY OF A DWELLING UNIT WHO HAS NOT PURCHASED
SHALL BE GIVEN THE EXCLUSIVE RIGHT FOR AN ADDITIONAL PERIOD OF SIX
MONTHS FROM SUCH EXPIRATION DATE TO PURCHASE SUCH DWELLING UNIT OR THE
SHARES ALLOCATED THERETO ON THE SAME TERMS AND CONDITIONS AS ARE
CONTAINED IN AN EXECUTED CONTRACT TO PURCHASE, SUBJECT TO THE PROVISIONS
OF THIS PARAGRAPH, SUCH DWELLING UNIT OR SHARES ENTERED INTO BY A BONA
FIDE PURCHASER, SUCH EXCLUSIVE RIGHT TO BE EXERCISABLE WITHIN FIFTEEN
DAYS FROM THE DATE OF MAILING BY REGISTERED MAIL OF NOTICE OF THE
EXECUTION OF A CONTRACT OF SALE TOGETHER WITH A COPY OF SUCH EXECUTED
CONTRACT TO SUCH TENANT.
S 10. Paragraph (b) of subdivision 1 of section 352-eeee of the gener-
al business law, as added by chapter 555 of the laws of 1982, is amended
to read as follows:
(b) "Non-eviction plan". A plan which may not be declared effective
until written purchase agreements have been executed and delivered for
at least [fifteen] THIRTY-FIVE percent of THE BONA FIDE TENANTS IN OCCU-
PANCY OF all dwelling units in the building or group of buildings or
development [by bona fide tenants in occupancy or bona fide purchasers
who represent that they intend that they or one or more members of their
immediate family intend to occupy the unit when it becomes vacant. As to
tenants who were in occupancy on the date a letter was issued by the
attorney general accepting the plan for filing, the purchase agreement
shall be executed and delivered] ON THE DATE THE OFFERING STATEMENT OR
PROSPECTUS WAS ACCEPTED FOR FILING BY THE ATTORNEY GENERAL SHALL HAVE
EXECUTED AND DELIVERED WRITTEN AGREEMENTS TO PURCHASE UNDER THE PLAN
pursuant to an offering made in good faith without fraud and WITH NO
discriminatory repurchase agreements or other discriminatory induce-
ments.
S 11. Subparagraph (i) of paragraph (c) of subdivision 2 of section
352-eeee of the general business law, as added by chapter 555 of the
laws of 1982, is amended to read as follows:
(i) The plan may not be declared effective until written purchase
agreements have been executed and delivered for at least [fifteen] THIR-
TY-FIVE percent of THE BONA FIDE TENANTS IN OCCUPANCY OF all dwelling
units in the building or group of buildings or development [subscribed
for by bona fide tenants in occupancy or bona fide purchasers who repre-
sent that they intend that they or one or more members of their immedi-
ate family occupy the dwelling unit when it becomes vacant. As to
tenants who were in occupancy on the date a letter was issued by the
attorney general accepting the plan for filing, the purchase agreement
shall be executed and delivered] ON THE DATE THE OFFERING STATEMENT OR
PROSPECTUS WAS ACCEPTED FOR FILING BY THE ATTORNEY GENERAL SHALL HAVE
EXECUTED AND DELIVERED WRITTEN AGREEMENTS TO PURCHASE UNDER THE PLAN
pursuant to an offering made IN GOOD FAITH without FRAUD AND WITH NO
discriminatory repurchase agreements or other discriminatory induce-
ments.
S 12. Paragraph (c) of subdivision 2 of section 352-eeee of the gener-
al business law is amended by adding a new subparagraph (viii) to read
as follows:
(VIII) THE TENANTS IN OCCUPANCY ON THE DATE THE ATTORNEY GENERAL
ACCEPTS THE PLAN FOR FILING SHALL HAVE THE EXCLUSIVE RIGHT TO PURCHASE
THEIR DWELLING UNITS OR SHARES ALLOCATED THERETO FOR NINETY DAYS AFTER
THE PLAN IS ACCEPTED FOR FILING BY THE ATTORNEY GENERAL AND PRESENTED TO
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THE TENANTS, DURING WHICH TIME A TENANT'S DWELLING UNIT SHALL NOT BE
SHOWN TO A THIRD PARTY UNLESS SUCH TENANT HAS, IN WRITING, WAIVED HIS OR
HER RIGHT TO PURCHASE; SUBSEQUENT TO THE EXPIRATION OF SUCH NINETY DAY
PERIOD, A TENANT IN OCCUPANCY OF A DWELLING UNIT WHO HAS NOT PURCHASED
SHALL BE GIVEN THE EXCLUSIVE RIGHT FOR AN ADDITIONAL PERIOD OF SIX
MONTHS FROM SUCH EXPIRATION DATE TO PURCHASE SUCH DWELLING UNIT OR THE
SHARES ALLOCATED THERETO ON THE SAME TERMS AND CONDITIONS AS ARE
CONTAINED IN AN EXECUTED CONTRACT TO PURCHASE, SUBJECT TO THE PROVISIONS
OF THIS PARAGRAPH, SUCH DWELLING UNIT OR SHARES ENTERED INTO BY A BONA
FIDE PURCHASER, SUCH EXCLUSIVE RIGHT TO BE EXERCISABLE WITHIN FIFTEEN
DAYS FROM THE DATE OF MAILING BY REGISTERED MAIL OF NOTICE OF THE
EXECUTION OF A CONTRACT OF SALE TOGETHER WITH A COPY OF SUCH EXECUTED
CONTRACT TO SUCH TENANT.
S 13. Section 352-e of the general business law is amended by adding a
new subdivision 2-d to read as follows:
2-D. (A) EXCEPT IN THE CASE OF A PHASED DEVELOPMENT OR TIMESHARE, THE
ATTORNEY GENERAL SHALL REFUSE TO ISSUE A LETTER STATING THAT AN OFFERING
PLAN HAS BEEN FILED, OR IN THE CASE OF AN OFFERING PLAN ALREADY ACCEPTED
FOR FILING, SHALL REFUSE TO ACCEPT AN AMENDMENT TO THE PLAN, UNLESS THE
PLAN OR AMENDMENT PROVIDES THAT:
(1) WITHIN SIXTY DAYS AFTER TITLE IS TRANSFERRED TO THE APARTMENT
CORPORATION OR THE FIRST CONDOMINIUM UNIT CLOSES, AN ELECTION SHALL BE
HELD FOR THE BOARD OF DIRECTORS OR BOARD OF MANAGERS, AT WHICH TIME AT
LEAST ONE MEMBER SHALL BE ELECTED BY AND FROM AMONG THE SHAREHOLDERS OR
UNIT OWNERS IN OCCUPANCY, AND SUCH ELECTED MEMBER SHALL BE NEITHER THE
OFFEROR, NOR A RELATIVE, BUSINESS ASSOCIATE, AGENT, DESIGNEE, AFFILIATE,
PARTNER OR EMPLOYEE OF THE OFFEROR. WHERE TITLE IS IN THE NAME OF THE
COOPERATIVE CORPORATION AT THE TIME THE OFFERING PLAN IS SUBMITTED TO
THE DEPARTMENT OF LAW, THE ELECTION SHALL BE HELD WITHIN SIXTY DAYS
AFTER SHARES ARE TRANSFERRED TO BONA FIDE PURCHASERS.
(2) WITHIN TWO YEARS AFTER TITLE IS TRANSFERRED TO THE APARTMENT
CORPORATION OR THE FIRST UNIT OF A CONDOMINIUM CLOSES, A MAJORITY OF THE
BOARD OF DIRECTORS OR MANAGERS SHALL BE ELECTED BY AND FROM AMONG THE
SHAREHOLDERS OR UNIT OWNERS WHO ARE IN OCCUPANCY REGARDLESS OF THE
NUMBER OF UNSOLD SHARES OR UNITS HELD BY THE OFFEROR.
(B) IF ANY ACTION TAKEN BY A BOARD OF DIRECTORS OR BOARD OF MANAGERS
THAT HAS NOT BEEN ELECTED IN ACCORDANCE WITH SUBPARAGRAPHS ONE AND TWO
OF PARAGRAPH (A) OF THIS SUBDIVISION RESULTS IN A BENEFIT, FINANCIAL OR
OTHERWISE, TO THE OFFEROR OR AN AFFILIATE OF THE OFFEROR, A SHAREHOLDER
OF THE COOPERATIVE CORPORATION OR UNIT OWNER IN A CONDOMINIUM MAY SUE
THE OFFEROR ON BEHALF OF THE COOPERATIVE CORPORATION OR CONDOMINIUM
ASSOCIATION TO RECOVER THE VALUE OF ANY BENEFIT RECEIVED BY THE OFFEROR,
OR ANY AFFILIATE OF THE OFFEROR. IF SUCH VALUE CANNOT BE REASONABLY
ASCERTAINED, THE COURT MAY AWARD DAMAGES PAYABLE BY THE OFFEROR TO THE
COOPERATIVE CORPORATION OR CONDOMINIUM ASSOCIATION, NOT TO EXCEED FIVE
THOUSAND DOLLARS FOR EVERY SUCH ACTION.
(C) IF AT THE TIME THIS SUBDIVISION TAKES EFFECT FEWER THAN EIGHTEEN
MONTHS SHALL HAVE ELAPSED SINCE ANY GIVEN PLAN HAS BEEN DECLARED EFFEC-
TIVE, A VOTE THAT COMPLIES WITH SUBPARAGRAPH ONE OF PARAGRAPH (A) OF
THIS SUBDIVISION SHALL BE HELD WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION. HOWEVER, IF ON SUCH EFFECTIVE DATE EIGHTEEN MONTHS
OR MORE SHALL HAVE ELAPSED SINCE ANY GIVEN PLAN HAS BEEN DECLARED EFFEC-
TIVE, A VOTE THAT COMPLIES WITH SUBPARAGRAPH TWO OF PARAGRAPH (A) OF
THIS SUBDIVISION SHALL BE HELD WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION.
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S 14. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 15. This act shall take effect immediately and shall apply to plans
and offering statements submitted to the attorney general after such
effective date and to plans and offering statements submitted but not
yet accepted for filing; provided, however, that the amendments to
section 352-eee of the general business law made by sections seven,
eight and nine of this act and the amendments to section 352-eeee of the
general business law made by sections ten, eleven and twelve of this act
shall not affect the expiration of such sections and shall be deemed to
expire therewith.