N.Y. Comp. Codes R. & Regs. tit. 13 § 23.4
A transmittal letter addressed to the Department of Law that is signed and affirmed by the individual attorney who prepared the offering plan, and containing the following unqualified statements must be submitted with the plan and exhibits (1) at the time the plan is submitted for filing, and (2) immediately prior to its acceptance for filing:
"I am the attorney who prepared the condominium offering plan for the captioned property. I affirm as follows:
Enclosed for filing pursuant to 13 NYCRR Part 23, Occupied Condominiums are copies of the offering plan together with the exhibits.
I am fully familiar with the provisions of article 23-A of the General Business Law and the regulations promulgated by the Department of Law in Part 23.
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 23 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 any 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 their capacity as principals, in the following form:
We are the sponsor and the principals of sponsor of the condominium 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 13 NYCRR Part 23 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:
This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made. We understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law.
Include in Part II of the plan and in the exhibits the following certification subscribed and sworn to by an engineer or architect (who must either be registered as an architect or be licensed to practice as a professional engineer in the jurisdiction where the condominium is located). The certification and inspection report must both be dated within 90 days prior to the date of submission of the offering plan to the Department of Law. A 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 condominium ownership retained me/our firm to prepare a report disclosing the condition of the property, (the report).
I/We visually inspected the property on,
, and prepared the report dated __, (I am/we are supplementing the report in this addendum, dated __,) a copy(ies) of which is (are) intended to be incorporated into the offering plan so that prospective purchasers may rely on the report (and addendum).
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 13 NYCRR Part 23 insofar as they are applicable to this report (addendum).
I/We have read the entire report (addendum) and investigated the facts set forth in the report (addendum) and the facts underlying it and conducted the visual inspection referred to above with due diligence in order to form a basis for this certification. I/we certify that the report (addendum) and all documents prepared by me/us disclose all the material facts (relevant to the topics of the addendum) which were then discernible from a visual inspection of the property. This certification is made for the benefit of all persons to whom this offer is made. I/we certify that the report (addendum) based on my/our visual inspection:
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 a condominium 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 the plan and in the exhibits a certification subscribed and sworn to by an expert concerning the adequacy of schedule B 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 cooperatives or condominiums or rental properties and must disclose the approximate number of properties managed and length of time managed together with other relevant real estate experience, qualifications and licenses.
The sponsor of the condominium offering plan for the captioned property retained me/our firm to review or prepare schedule B containing projections of income and expenses for the first year of condominium operation. My/our experience in this field includes:
I/We understand that I/we am/are responsible for complying with article 23-A of the General Business Law and the regulations promulgated by the Department of Law in 13 NYCRR Part 23 insofar as they are applicable to schedule B.
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 buildings.
I/We certify that the projections in schedule B 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 condominium operation.
I/we certify that the schedule:
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 condominium operation.
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.
Include in Part II of the plan and in the exhibits a certification subscribed and sworn to by an expert concerning the adequacy of common charges payable by the commercial unit owner(s) 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 cooperatives or condominiums or rental properties, including buildings with commercial space, and must disclose the approximate number of properties managed and length of time managed together with other relevant real estate experience, qualifications and licenses.
The sponsor of the condominium offering plan for the captioned property retained me/our firm to review or prepare schedule B which includes projections of common charges payable by the owners of the commercial unit(s). My/Our experience in this field includes:
I/We understand that I/we am/are responsible for complying with article 23-A of the General Business Law and the regulations promulgated by the Department of Law in 13 NYCRR Part 23 insofar as they are applicable to the commercial unit(s) listed in schedule B.
I/We have reviewed the schedule as it impacts upon the commercial unit(s) and investigated 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 buildings.
I/We certify that the projections in schedule B for common charges payable by the owners of commercial unit(s) appear reasonable and adequate under existing circumstances to meet the anticipated operating expenses fairly attributable to such commercial unit(s) for the projected first year of condominium operation, and that the allocation of common charges attributable to the commercial unit(s) also reflects special or exclusive use or availability or exclusive control of particular common areas.
I/We certify that the estimates in schedule B for the common charges payable by the owners of the commercial unit(s):
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 common charges attributable to the commercial unit(s) for the first year of condominium operation.
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.
N.Y. Comp. Codes R. & Regs. Tit. 13 § 23.4