Amendment to the Declaration Clause Samples

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.