280 St. Marks Avenue Condominium

Amendment 24 Sep 6, 2018

This amendment lists the six Sponsor-owned unsold units with their charges and taxes, reports that Sponsor gave up control of the Condominium Board on July 11, 2018, and adds a smoking policy for the common areas under Local Law 147/2017.

• Exhibit 1 lists six Sponsor-owned unsold units (TH-B, 3A, 3B, PH-A, PH-B, PH-E) totaling 18.3410% Common Interest
• Unsold units total $8,769.27 in monthly common charges and $1,650.79 in average monthly real estate taxes, as of August 31, 2018
• Sponsor ceded control of the Condominium Board on July 11, 2018
• Smoking prohibited in General Common Elements, outside air intakes and on common terraces, per Local Law 147/2017 (effective August 28, 2018), added as House Rule No. 35 and Purchase Agreement Paragraph 32
• Board continues operating under the revised Schedule B budget although its period (July 1, 2017 to June 30, 2018) has expired; buyers should ask whether a new budget was adopted
• No certified statement of income and expenses is available because the first fiscal year has not ended
• FinCEN Geographic Targeting Order effective period currently ends September 16, 2018
• Unsold units are not mortgaged, and Sponsor is current on its Plan obligations

Amendment 23 Sep 7, 2018

This amendment sets a new purchase price of $3,395,000 for unsold unit PH-A and makes no other material changes to the plan.

• Purchase price of unsold unit PH-A set at $3,395,000, effective immediately
• No other material changes to the Plan

Amendment 22 Aug 10, 2018

This amendment sets new effective-immediately purchase prices for three unsold units (TH-B, 3A and PH-E) as listed on Schedule A and states that there are no other material changes to the Plan.

• Purchase price of unsold unit TH-B set at $1,775,000, effective immediately
• Purchase price of unsold unit 3A set at $1,549,000, effective immediately
• Purchase price of unsold unit PH-E set at $2,500,000, effective immediately
• No other material changes to the Plan
• Schedule A prices increased for 1 home (median +1.6%): 3A $1,525,000 → $1,549,000
• Schedule A prices decreased for 1 home (median -3.5%): PH-E $2,590,000 → $2,500,000

Amendment 21 Jun 20, 2018

This amendment sets the purchase price of unsold Unit 3B at $1,475,000, effective immediately, and states that there are no other material changes to the Plan.

• Purchase price of unsold Unit 3B set at $1,475,000, effective immediately
• No other material changes to the Plan

Amendment 20 May 25, 2018

This amendment sets a new Purchase Price for one unsold unit, 3G, and states that no other material changes to the Plan are made.

• Purchase Price of unsold Unit 3G set at $1,239,000, effective immediately
• No other material changes to the Plan

Amendment 19 Apr 18, 2018

This amendment changes the purchase prices of two unsold units, TH-H and PH-B, effective immediately, and states that there are no other material changes to the plan.

• Purchase price of unsold unit TH-H set at $2,289,000, effective immediately
• Purchase price of unsold unit PH-B set at $1,999,000, effective immediately
• No other material changes to the plan

Amendment 18 Feb 27, 2018

This amendment reports the plan's first closing, the temporary certificate of occupancy, escrow and working capital funds, a net credit to the Sponsor, the unsold units, and the current Condominium Board and officers.

• First closing held December 29, 2017
• Temporary certificate of occupancy issued December 22, 2017 for certain portions; permanent certificate anticipated on or before December 31, 2019, not guaranteed
• $1,560,000 held in Special Escrow Account for work needed to obtain permanent certificate of occupancy
• Working Capital Fund was $24,200.36 as of February 7, 2018; to be transferred to Working Capital Fund Account on February 28, 2018
• Net closing credit of $12,540.00 to Sponsor, to be paid from Working Capital Fund
• Declaration recorded September 25, 2017 (CFRN 2017000355517); Units separately assessed as of January 1, 2018
• List of Unsold Units attached as of February 9, 2018
• Board and officers named: David Berger, Jordan Rogove, Alexander Sachs; first unit owners meeting anticipated on or about August 29, 2018

Amendment 17 Feb 12, 2018

This amendment sets new purchase prices for five unsold units and eighteen parking licenses, effective immediately, and states there are no other material changes to the Plan.

• Purchase prices set for 5 unsold units, from $1,529,000 (3B) to $2,049,000 (PH-G)
• One unsold unit, with its unit number not legible in the copy, priced at $1,599,000
• Purchase prices set for 18 parking licenses, from $130,000 to $160,000 (25+Storage)
• Changes take effect immediately
• No other material changes to the Plan
• Schedule A prices increased for 3 homes (median +5.1%): 4B $1,389,000 → $1,549,000; PH-B $1,879,000 → $1,929,000; PH-G $1,949,000 → $2,049,000
• Schedule A prices decreased for 1 home (median -2.6%): 3B $1,570,000 → $1,529,000

Amendment 16 Jan 10, 2018

Sets new purchase prices, effective immediately, for six unsold units and five parking licenses, and states there are no other material changes to the plan.

• Prices of 6 unsold units set: TH-B $1,825,000; TH-C $1,809,000; 3A $1,525,000; 3G $1,085,000; 4F $2,550,000; PH-E $2,590,000
• Prices of 5 parking licenses set: Parking Space 1 $130,000; Parking Space 5 $130,000; Parking Space 7 $130,000; Parking Space 12+Storage $140,000; Parking Space 24+Storage $160,000
• Price changes effective immediately
• No other material changes to the plan
• Schedule A prices increased for 4 homes (median +6.7%): 3A $1,429,000 → $1,525,000; 3G $955,000 → $1,085,000; 4F $2,425,000 → $2,550,000; PH-E $2,460,000 → $2,590,000

Amendment 15 Apr 24, 2017

This amendment combines Units 4G and 4H into one unit, adjusts Common Interests after Unit 4G became eligible for Section 421-a benefits, and revises the first-year budget, electricity billing, and parking and storage license terms.

• Units 4G and 4H combined into a single Unit, designated Unit 4H
• Unit 4G now eligible for Section 421-a benefits; its Common Interest increased and other Units' reduced by approximately 0.01% each
• First year of condominium operation to commence July 1, 2017
• Projected Common Charges increase of approximately two percent
• Projected budget adds an expense for exterior window washing
• Electricity to be measured by separate meters for each Unit and billed by Con Edison directly to Unit Owners
• Parking License fees increased approximately 2.4%
• Storage and parking license forms and By-Laws Sections 6.8 and 6.20 revised
• Schedule A prices increased for 3 homes (median +6.7%): 4E $2,199,000 → $2,299,000; PH-B $1,749,000 → $1,879,000; PH-F $2,999,000 → $3,199,000

Amendment 14 Feb 17, 2017

The amendment changes the purchase prices of certain parking licenses, effective immediately, and reports that purchase agreements have been signed for all units and the first year budget is unchanged.

• Purchase prices of certain parking licenses changed (revised Schedule A-1, Exhibit 1), effective immediately
• Purchase agreements entered for all Units offered for sale
• First Closing has not yet occurred
• Projected budget for the first year of condominium operation (Schedule B, January 1, 2017, to December 31, 2017) remains unchanged
• Certification of budget adequacy by FirstService Residential New York, Inc. annexed as Exhibit 3

Amendment 13 Apr 22, 2016

This Thirteenth Amendment changes the Purchase Prices of the unsold units listed on Schedule A, effective immediately, and states that there are no other material changes to the Plan.

• Purchase prices of unsold units changed per Schedule A, effective immediately
• Schedule A price amounts are not legible in this text
• No other material changes stated

Amendment 12 Apr 22, 2016

The amendment declares the Plan effective after Sponsor accepted purchase agreements from 22 Units (68.75% of units offered), and it attaches the sponsor's affidavit and a schedule of the counted units.

• Plan declared effective as of April 4, 2016, based on purchase agreements from bona fide Purchasers of 22 Units, representing 68.75% of all Units offered
• Affidavit of David Berger, principal of Sponsor, annexed as Exhibit 1
• Schedule A lists each counted unit and its Purchase Agreement date, from 10/21/15 through 3/21/16
• Plan modified and supplemented by this Amendment and incorporated by reference
• No other material changes stated

Amendment 11 Mar 25, 2016

This amendment sets new purchase prices for the unsold units listed in Schedule A, effective immediately, and states that there are no other material changes to the plan.

• Purchase prices of the unsold units set as listed in Schedule A, effective immediately
• Unit 4G will not receive the 421-a Tax Abatement
• Terraces, balconies and private gardens may not legally be used as bedrooms or living rooms, and such use may result in building code violations
• No other material changes to the plan

Amendment 10 Mar 2, 2016

Sets new purchase prices for the Unsold Units listed in Schedule A, effective immediately, and states there are no other material changes to the Plan.

• Purchase prices of Unsold Units set as listed in Schedule A, effective immediately
• Schedule A lists 32 units, with offering prices from $955,000 (3G) to $3,749,000 (PH-A)
• Schedule A also shows projected monthly common charges, real estate taxes and carrying charges with and without 421-a benefits
• No other material changes to the Plan
• Schedule A prices increased for 1 home (median +13.9%): 3B $1,379,000 → $1,570,000

Amendment 9 Feb 26, 2016

This Ninth Amendment sets new purchase prices for the unsold units listed in Schedule A and makes no other material changes to the Plan.

• Purchase prices of Unsold Units set as shown on Schedule A, effective immediately
• Schedule A projections cover the first year of condominium operation, 1/1/17-12/31/17
• Schedule A offering prices for all listed units total $65,323,000
• No other material changes to the Plan
• Schedule A prices increased for 1 home (median +1.5%): 3H $2,649,000 → $2,689,000

Amendment 8 Feb 12, 2016

The amendment changes the parking and storage layout (storage units reduced to 27, with revised parking license prices, sizes and fees), tightens resale and advertising limits, sets the working capital contribution at two months' Common Charges, and makes several smaller corrections and additions.

• Storage units reduced to 27 and parking layout changed; 12 parking licenses now include appurtenant storage and 8 are Unrestricted Parking Licenses; Schedules A-1 and A-2 revised for purchase prices, sizes and license fees
• Working capital contribution at closing set at an amount equal to two months' Common Charges
• Purchasers may not list, advertise or offer a Unit before closing without Seller's consent, and may not advertise, list or sell a Unit acquired from Seller for twelve (12) months after the First Closing
• Structural repairs to Limited Common Elements made by the Condominium Board; nonstructural or ordinary repairs made by the benefiting Unit Owners at their cost
• Hose bibs added near listed balconies, terraces and gardens; owners of served Units must shut off water during low temperatures
• Two lot-line windows in Units 3E and 4E are in a secondary bedroom, not the master bedroom
• Unit 1G corrected to 2 bathrooms, not 2 1/2
• DEC closed the October 2015 soil contamination spill case on November 2, 2015

Amendment 7 Feb 2, 2016

This seventh amendment sets new purchase prices for the unsold units listed in Schedule A, effective immediately, and attaches projected first-year operating figures for the building.

• Purchase prices of unsold units set as shown in Schedule A, effective immediately
• Schedule A lists offering prices totaling $65,283,000 for all units
• Schedule A sets projected monthly common charges and projected monthly and annual real estate taxes, with and without Section 421-a benefits
• Schedule A sets projected monthly carrying charges, with and without Section 421-a benefits
• Otherwise, no other material changes to the Plan
• Schedule A prices increased for 2 homes (median +8.5%): TH-F (DUPLEX) $3,199,000 → $3,470,000; 2E $2,299,000 → $2,399,000

Amendment 6 Dec 16, 2015

This amendment, effective immediately, sets the purchase prices for the parking licenses on Schedule A-1 and the storage licenses on Schedule A-2, and states there are no other material changes to the plan.

• Parking license purchase prices set on Schedule A-1, ranging from $100,000 to $150,000 (printed total $3,690,000)
• Storage license purchase prices set on Schedule A-2, ranging from $14,000 to $35,000 (printed total $726,000)
• No other material changes to the plan, per paragraph 3

Amendment 5 Dec 3, 2015

This Fifth Amendment changes the purchase prices of the unsold units, which are listed in the new Schedule A, effective immediately.

• Purchase Prices of the Unsold Units set in Schedule A, effective immediately
• Schedule A gives projected first year of condominium operation as 1/1/17-12/31/17
• Unit 4G will not receive the 421-a Tax Abatement
• Schedule A prices decreased for 7 homes (median -6.3%): TH-F (DUPLEX) $3,470,000 → $3,199,000; 2E $2,399,000 → $2,299,000; 3B $1,570,000 → $1,379,000; 3H $2,689,000 → $2,649,000; ...

Amendment 4 Dec 2, 2015

This Fourth Amendment changes the purchase prices of the unsold units, which are now set out in Schedule A effective immediately, and it states that no other material changes are made to the Plan.

• Purchase prices of unsold units set as listed in Schedule A, effective immediately
• Schedule A gives projected first year of operation (1/1/17-12/31/17) prices, real estate taxes and carrying charges per unit
• Unit 4G will not receive the 421-a Tax Abatement
• Unit 4G offering price listed as $989,000
• Unit PH-A offering price listed as $3,499,000
• Total offering price of all units listed as $64,275,000
• No other material changes to the Plan

Amendment 3 Nov 20, 2015

This third amendment sets new purchase prices for the unsold units listed on Schedule A, effective immediately, and otherwise makes no material changes to the plan.

• Purchase prices of the unsold units are set as shown on Schedule A, effective immediately
• Schedule A also lists projected first-year (1/1/17-12/31/17) real estate taxes and carrying charges for each unit
• The amended plan is incorporated by reference, and its schedules and exhibits are deemed amended to match
• No other material changes to the plan

Amendment 2 Nov 12, 2015

This second amendment, effective immediately, changes the purchase prices of the unsold units listed on Schedule A and states no other material changes.

• Purchase prices of unsold units changed, effective immediately, to the amounts in Schedule A
• Plan and its schedules deemed amended to reflect this amendment
• No other material changes stated

Amendment 1 Oct 30, 2015

This amendment sets new purchase prices for the unsold units, parking licenses, and storage locker licenses, with projected first-year costs for 1/1/17-12/31/17, and states there are no other material changes to the Plan.

• Purchase prices of unsold units set as shown on Schedule A, effective immediately
• Purchase prices of parking licenses set as shown on Schedule A-1
• Purchase prices of storage locker licenses set as shown on Schedule A-2
• Projected first-year (1/1/17-12/31/17) real estate taxes and carrying charges listed per unit
• Unit 4G will not receive the 421-a Tax Abatement
• No other material changes to the Plan