250(2) 251A lease pertaining to use by cooperative unit owners of recreational or other common facilities, irrespective of the date on which such lease was entered into, is presumptively unconscionable if all of the following elements exist:287(a) 288The lease was executed by persons none of whom at the time of the execution of the lease were elected by cooperative unit owners, other than the developer, to represent their interests.
320(b) 321The lease requires either the cooperative association or the cooperative unit owners to pay real estate taxes on the subject real property.
343(c) 344The lease requires either the cooperative association or the cooperative unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard.
373(d) 374The lease requires either the cooperative association or the cooperative unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property.
407(e) 408The lease requires either the cooperative association or the cooperative unit owners to pay rent to the lessor for a period of 21 years or more.
434(f) 435The lease provides that failure of the lessee to make payment of rent due under the lease either creates, establishes, or permits establishment of a lien upon individual cooperative units of the cooperative or upon stock or other ownership interest to secure claims for rent.
480(g) 481The lease requires an annual rental which exceeds 25 percent of the appraised value of the leased property as improved. For purposes of this paragraph, “annual rental” means the amount due during the first 12 months of the lease for all units, regardless of whether such units were in fact occupied or sold during that period, and “appraised value” means the appraised value placed upon the leased property the first tax year after the sale of a unit in the cooperative.
562(h) 563The lease provides for a periodic rental increase.
571(i) 572The lease or other cooperative documents require that every transferee of a cooperative unit must assume obligations under the lease.