Bulletin: NY000096

Date:
August 11, 1995
To:
New York State Counsel, Managers and Agents
RE:
The Douglas Manor Association, Inc.

Dear Associates:

The attached letter from The Douglas Manor Association regarding homeowner association dues gives the name of the appropriate party to contact in connection with obtaining proof of payment of annual charges.

Please refer to Underwriting Bulletin NY000071 entitled Homeowner Association Assessments for the appropriate exception to raise where a search turns out a homeowner's association declaration. In the case of this association, it is dated July 19, 1906, and recorded in Queens in L.1457 Cp 389.

"Douglas Manor Association, Inc.
328 Manor Road
Douglaston, New York 11363

July 21, 1995

Ladies and Gentlemen:

The Douglas Manor Association, duly organized and existing under the laws of the State of New York, is the owner of certain lands in Queens County, New York, and is a community maintenance organization with approximately 590 members families.

In accordance with a Declaration dated 7/19/1906, and recorded in Liber 1457 and Page 389 in Queens County, as amended, there are annual dues payable by each homeowner which are currently in the amount of $425., the fiscal year being April 1 through March 31.

As of this date, and in spite of notices and letters over the years, there remain a few member families who have not paid one or more of the yearly assessments. Pursuant to the Declaration, any unpaid assessment shall become a lien against the property on which they are levied and shall remain such liens until paid.

Therefore, please take notice that any policy of insurance that you or your agents issue is subject to this lien against each parcel owned by a delinquent homeowner, and said lien, if not paid at or prior to any forthcoming closing or the issuance of any title policy for the permises, shall constitute a claim resulting from the enforcement of said lien against the premises by the Douglas Manor Association.

We are enclosing a copy of a 5/l9/95 decision by the Appellate Division of the New York Supreme Court (DMA v. Alimaras) affirming the right of the Douglas Manor Association to collect dues from all homeowners; we also enclose a map showing the fifty-seven blocks included in the Association's jurisdiction.

You may contact the Secretary, as below, at 718 225-4403, for verification of any current or arrears amounts owed by a homeowner.

Thank you for your prompt attention to this matter.

Sincerely,

/s/Julia Schoeck, Secretary"

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
NY000071 Homeowner Association Assessments
Underwriting Manual:
8.04 Homeowners' Associations
Exceptions Manual:
NY Covenants, Conditions, and Restrictions
Forms:
None