N.Y. Comp. Codes R. & Regs. tit. 13 § 22.4
A transmittal letter addressed to the Department of Law that is signed and affirmed under penalty of perjury by the individual attorney who prepared the offering plan, and containing the following unqualified statements must be submitted with the plan and exhibits (i) at the time the plan is submitted for filing, and (ii) immediately prior to its acceptance for filing:
"I am the attorney who prepared the homeowners association plan for the captioned property. I affirm as follows: Enclosed for filing pursuant to Part 22, Newly Constructed, Vacant or Non-Residential Homeowners Association, are three (3) copies of the offering plan together with two (2) sets of Exhibits. I am fully familiar with the provisions of Article 23-A of the General Business Law and the regulations promulgated by the Attorney General in Part 22. I prepared the attached offering plan and Exhibits based on information from the sponsor. I have read all the printed copy submitted to the Department of Law but expressly disclaim any responsibility to have made an independent inspection of the building(s) or property or investigation of the information furnished to me by sponsor. I have no actual knowledge of any violation of Article 23-A of the General Business Law or Part 22 of the regulations promulgated by the Department of Law, nor do I have actual knowledge of any material fact omitted or any untrue statement of a material fact included in the offering plan."
Include in Part II of the plan and in the exhibits a certification subscribed and sworn to by the sponsor and sponsor's principals in the following form:
"We are the sponsor and the principals of the sponsor of the homeowners association offering plan for the captioned property. We understand that we have primary responsibility for compliance with the provisions of Article 23-A of the General Business Law, the regulations promulgated by the Department of Law in Part 22, and such other laws and regulations as may be applicable. We have read the entire offering plan. We have investigated the facts set forth in the offering plan and the underlying facts. We have exercised due diligence to form a basis for this certification. We jointly and severally certify that the offering plan does, and that documents submitted hereafter by us which amend or supplement the offering plan will:
Sponsor's certification must include the additional paragraph below if the HOA property is to be newly constructed and is limited to roads and/or sewers and/or water lines constructed in accordance with local government specifications (for public roads):
"We certify that the roads and/or sewers, and/or water lines, when constructed, will be in accordance with local government specifications (for public roads). After completion of such amenities and before conveyance of the common property to the HOA, the plan will be amended to include a certification by an engineer or architect (who must be registered as an architect or be licensed to practice as a professional engineer in the jurisdiction where the HOA is located) stating that the roads and/or sewers, and/or water lines have, in fact, been constructed in accordance with local government specifications (for public roads) and indicating the date of completion. In the alternative, and/or if the construction of the roads and/or sewers and/or water lines has not been completed prior to conveyance to the HOA, a bond will be posted, funds will be escrowed, or other adequate security will be provided in an amount to be determined by an engineer licensed to practice as a professional engineer in the jurisdiction where the HOA is located which amount shall not be less than the amount required to complete such construction to the required specifications."
If the HOA includes any common property other than (1) unimproved land, (2) landscaped areas, park areas or picnic areas, (3) roads constructed in accordance with local government specifications for public roads, or (4) sewers and/or water lines constructed in accordance with local government specifications, include in Part II of the plan and in the exhibits a certification subscribed and sworn to by an engineer or architect (who must be registered as an architect or be licensed to practice as a professional engineer in the jurisdiction where the HOA is located). If the engineer or architect is a principal of the sponsor, the certification must be submitted by an independent engineer or architect. The second certification containing the language in parenthesis, below, shall be submitted with any addendum to a report.
"The sponsor of the offering plan to convert the captioned property to HOA ownership retained me/our firm to prepare a report describing the construction and/or renovation of the property (the "Report"). I/We visually inspected existing portions of the renovated property, if any, on ______, and I/We examined the building plans and specifications that were prepared by __ dated __ and prepared the Report dated __. I am/We are supplementing the Report in this addendum dated __, a copy of which is intended to be incorporated into the offering plan so thatprospective purchasers may rely on the Report (and addendum).
I am/We are a registered architect/licensed engineer in the state where the property is located.
I/we understand that I am/we are responsible for complying with Article 23-A of the General Business Law and the regulations promulgated by the Department of Law in Part 22 insofar as they are applicable to this Report (addendum).
We have read the entire Report (addendum) and investigated the facts set forth in the Report (addendum) and the facts underlying it with due diligence in order to form a basis for this certification. This certification is made for the benefit of all persons to whom this offer is made.
I/We certify that the Report (addendum):
I/We further certify that I am/we are not owned or controlled by and have no beneficial interest in the sponsor and that my/our compensation for preparing this Report (addendum) is not contingent on the conversion of the property to an HOA or on the profitability or price of the offering. This statement is not intended as a guarantee or warranty of the physical condition of the property."
Include in Part II of plan and in the exhibits a certification subscribed and sworn to by an expert concerning the adequacy of Schedule A in the following form. The certification must be dated within 90 days prior to the date of the submission of the offering plan to the Department of Law. The expert's certification must be based on experience in the management of homeowner association property, cooperatives, condominiums or rental properties and must disclose the approximate number of properties managed and the length of time managed together with other relevant real estate experience, qualifications and licenses.
"The sponsor of the homeowners association offering plan for the captioned property retained me/our firm to review or prepare Schedule A containing projections of income and expenses for the first year of operation as a homeowners association. My/Our experience in this field includes:
I/We understand that I am/we are responsible for complying with Article 23-A of the General Business Law and the regulations promulgated by the Department of Law in Part 22 insofar as they are applicable to Schedule A.
I/We have reviewed the Schedule and investigated the facts set forth in the Schedule and the facts underlying it with due diligence in order to form a basis for this certification. I/We also have relied on my/our experience in managing residential/commercial property.
I/We certify the projections in Schedule A appear reasonable and adequate under existing circumstances, and the projected income appears to be sufficient to meet the anticipated operating expenses for the projected first year of operation as a homeowners association. I/We certify that the Schedule:
I/we:
I/We further certify that I am/we are not owned or controlled by the sponsor.
I/We understand that a copy of this certification is intended to be incorporated into the offering plan. This statement is not intended as a guarantee or warranty of the income and expenses for the first year of operation as a homeowners association.
This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made. I/We understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law."
Certifications by the sponsor and sponsor's principals, by the engineer or architect and by the expert concerning the adequacy of the budget, as required by this section, must be dated and sworn to before a notary public.
N.Y. Comp. Codes R. & Regs. Tit. 13 § 22.4