Coach 2013 Annual Report Download - page 316

Article 9
Subdivision and Combination of Units
Section 9.1 Subdivision and Combination of Units. The Unit Owner of each Unit shall have the right, without the consent of the Board of
Managers, the other Unit Owners or the holders of mortgages on the other Units: to (i) subdivide its Unit into separate Units and recombine Units resulting
from the subdivision; (ii) alter any boundary walls between one or more of its subdivided Units; (iii) apportion among its subdivided or combined Units their
appurtenant Common Interest in accordance with the provisions of the Condominium Act, and (iv) create such easements and limited common elements in
connection therewith as affect only such Unit and subdivided or combined Units, provided, however, that in each instance the subdividing Unit Owner shall
comply with all Laws and the applicable provisions of the Underlying Agreements, and shall agree to hold the Board of Managers and the other Unit Owners
harmless from any liability, damage, cost, obligation or expense arising from (a) such subdivision and/or combination and (b) the failure to comply with such
Laws or the applicable provisions of the Underlying Agreements. If a Unit is subdivided: (i) the term “Unit” shall include all Units resulting from such
subdivision; and (ii) the owners of the Units resulting from the subdivision of the Unit shall be Unit Owners and shall be required to act as provided in the
Condominium Documents with respect to all matters in which action by a Unit Owner is required. The provisions of this Section 9.1 may not be amended,
added to or deleted without the unanimous consent of all of the Unit Owners. In no case may the subdivision or recombining of a Unit result in a greater or
lesser Common Interest for the total of the new Units created by such subdivision or recombination than existed for the Unit in question before such
subdivision or recombination.
Section 9.2 Amendment to the Declaration. The amendment to the Declaration to be made by the subdividing Unit Owner or combining
Unit Owner shall contain new or amended Floor Plans, specifications, tax lot numbers, the (re)apportionment among or to the subdivided Units or combined
Unit, as the case may be, of their Common Interest in compliance with the New York Condominium Act and the other matters set forth in this Article 9 above;
as appropriate, the allocation or aggregation to newly constituted subdivided Units or combined Unit(s) of the right to use, and responsibility for Maintenance,
Repairs and decoration of, any previously existing Exclusive Use Common Elements appurtenant to the Unit(s) subdivided or combined (but only to the extent
that such Exclusive Use Common Elements are not required to be maintained as Exclusive Use Common Elements for the shared use of any Units pursuant
to any applicable Laws or the applicable provisions of the Underlying Agreements); and, as applicable, the designation of part of a Unit being subdivided as a
newly created specially designated common area appurtenant to one or more of any newly constituted subdivided Units. The subdividing Unit Owner or
combining Unit Owner, as the case may be, shall approve and execute an amendment to the Declaration effecting such subdivision and/or combination, and
shall in any event duly certify and file such amendment in accordance with all applicable Laws and the applicable provisions of the Underlying Agreements
and promptly deliver a copy of the filed amendment to the Board of Managers; and at the request of such Unit Owner, the Board of Managers shall execute
any application or other document required to be filed with any Governmental Authority having or asserting jurisdiction, including, without limitation,
applications for an amended certificate of occupancy for the Building, to effect the subdivision of the Unit in question and recombining of Units resulting
from the subdivision.
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