Coach 2013 Annual Report Download - page 290

(f) All determinations of the Board shall be applied by the Board of Managers against Unit Owners in a non-discriminatory
manner, taking into account that certain determinations may, by their nature, affect some but not all Unit Owners.
2.2.4 Destination Retail Easement Area . The Board of Managers shall have the right to convey, for no consideration, the portion of the
General Common Elements designated on the Floor Plans as the “Destination Retail Easement Area” to the owner of the FASP Parcel defined as “Destination
Retail” in ERY FAPOA Declaration, and to amend the Condominium Documents and to take such other steps as may be necessary to effect the same, without
the consent of any Unit Owners or Sub-Boards.
2.2.5 Miscellaneous.
(a) Any act with respect to a matter determinable by the Board of Managers and deemed necessary or desirable by the
Board of Managers, shall be done or performed by the Board of Managers or shall be done on its behalf and at its direction by the agents, employees or
designees of the Board of Managers.
(b) Any dispute under Section 2.2 of the By-laws as to the authority of the Board of Managers to take an action without the
consent of one or more of the Unit Owners shall be resolved by Arbitration in accordance with the provisions of Article 15 of the By-laws.
(c) To the extent that the Condominium has the right, under the ERY FAPOA Declaration, to call a special meeting of the
Association, the Board of Managers, either on its own initiative or at the request of a Unit Owner, shall request that the Association call such special meeting.
Section 2.3 Unit Owners. Each of the Unit Owners shall be entitled to make determinations with respect to all matters relating
exclusively to its Unit and the operation, care, upkeep, Maintenance and administration of the affairs thereof, including, without limitation, hiring of
managing agents therefor and the making of Repairs of, and performance of Alterations to, its Unit and the Exclusive Use Common Elements appurtenant
thereto, at such Unit Owners sole cost and expense, subject, however to those provisions in the Declaration and these By-Laws that provide otherwise and/or
that require approval by the Board of Managers or otherwise set forth restrictions on the right to make such determinations. Notwithstanding the foregoing, but
subject to Section 6(h) of the Declaration, each Unit Owner shall at its sole expense Maintain its Unit and the Exclusive Use Common Elements appurtenant
thereto in good order and repair, all in accordance with (i) the terms of the Declaration and these By-Laws and (ii) standards prevailing for first-class mixed
use office/retail buildings in Manhattan of comparable quality to that of the Building.
2.3.1 Declarant Net Lessees. The rights and obligations of Declarant as a Unit Owner under Section 2.3 shall be deemed to have been
assigned to its Declarant Net Lessee, and such assignment shall be binding upon and recognized by the Board of Managers and the Unit Owners and the
Declarant Net Lessee shall be fully responsible to comply with the obligations of the Unit Owner. Such assignment shall no longer be effective following notice
by Declarant to the Board of Managers that an Event of Default has occurred under a Declarant Net Lease, until further notice from the Declarant Net Lessor
to the Board of Managers that such assignment has been reinstated. A copy of each such assignment shall be delivered by the applicable Declarant Net Lessee
to the Board of Managers.
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