GENERAL MAINTENANCE
 Hartsdale Pet Cemetery takes pride in maintaining its grounds to the highest standards possible. This is accomplished by performing general maintenance. A discussion of general maintenance follows below in a question and answer format.
What is General Maintenance?
Is Payment of General Maintenance mandatory?
How is the obligation for General Maintenance satisfied?
What is Perpetual Care?
What is Annual General Care?
What if I do not pay Annual General Maintenance?
What if I move or do not receive my bill for Annual General Maintenance?
Who is responsible for Annual General Maintenance when a plot-holder dies?
Does the fee associated with general maintenance increase?
Can payments made for annual general maintenance in prior years be applied to pay for Perpetual Care?
Can I make installment payments for Perpetual General Care?
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What is General Maintenance?
General maintenance covers the basic operating expenses of Hartsdale Pet Cemetery to ensure that the grounds are maintained in perpetuity. These expenses include but are not limited to grass cutting, leaf and snow removal, tree and path maintenance, purchase of tools and equipment to perform said maintenance as well as payment of salaries and employee benefits to the staff who perform the maintenance. General maintenance does not include any flower plantings, holiday decorations or monument repairs.
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Is payment of General Maintenance mandatory?
Yes. The Burial Right Certificate that is issued to all plot-holders requires each plot-holder to pay for his or her proportionate share of the overall general maintenance of the Cemetery. The Hartsdale Pet Cemetery or “The Peaceable Kingdom” as it has come to be known by its tranquil beauty, takes pride in maintaining its grounds to the highest standards possible. It simply is not good enough that Hartsdale is operated in a manner merely so that it will continue to exist. The standard set in 1896 by Hartsdale’s founding father, Dr. Samuel Johnson was that Hartsdale should be operated in a manner that will allow it to remain the premier burial grounds in the world – pet or human. The only way that that goal can be achieved is to ensure that there are enough funds to pay for the high level of maintenance that the plot-holders of Hartsdale have come to expect. Since Hartsdale Pet Cemetery exists solely for its plot-holders, it follows that the source of those funds should come from the party who is most interested in the maintenance and beauty of Hartsdale – the plot-holders.
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How is the obligation for General Maintenance satisfied?
The Burial Right Certificate provides plot-holders with two alternatives to satisfy the general maintenance obligation: (1) purchase Perpetual General Care (i.e., endowment); or (2) enter into a contract for annual general maintenance.
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What is Perpetual Care?
Plot-holders electing to purchase Perpetual General Care must make a one-time, lump-sum payment to the Perpetual Care Trust Fund. Hartsdale’s Perpetual Care Trust Fund is an irrevocable trust fund that protects the land against foreclosure or abandonment. It was created in 1914 and has accumulated substantial assets over time to ensure the future maintenance of Hartsdale. Hartsdale’s Perpetual Care Trust Fund is managed by JPMorgan Chase, who acts as the independent trustee. The trustee invests the principal and remits the earnings derived from the principal to Hartsdale in perpetuity. Hartsdale is merely the income beneficiary of the trust fund and is not permitted to withdraw any principal.
Once the required amount has been paid no further payment for general maintenance is necessary and the plot-holder will have peace of mind knowing that his or her plot will be a permanent part of Hartsdale Pet Cemetery.
Upon purchase, a formal Perpetual Care Certificate is issued. Since every plot-holder pays his or her proportionate share of the overall general maintenance, the cost for Perpetual General Care is determined based upon the size of the plot.
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What is Annual General Care?
Although Hartsdale urges all plot-holders to purchase Perpetual Care, the reality is that not all plot-holders have the financial means to do so. The philosophy of Hartsdale has always been to make burial affordable to all. Making Perpetual Care mandatory defeats that purpose. Therefore, the Burial Right Certificate provides an alternative to Perpetual Care by offering an annual maintenance contract whereby plot-holders agree to remit relatively modest payments for general maintenance on an annual basis.
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What if I do not pay Annual General Maintenance?
As discussed above, the Burial Right Certificate that is issued to all plot-holders requires each plot-holder to pay for his or her proportionate share of the overall general maintenance of the Cemetery. Most plot-holders who enter into the annual care contract abide by its terms. However, some do not.
New York State law authorizes a pet cemetery to terminate the rights of a plot-holder in such a situation after proper notice when the maintenance fee is in arrears for more than 180 days (NYS Consolidated Laws: GBL Article 35-C; Section 750-q ). Furthermore, New York State authorizes a pet cemetery to remove any remains in the plot and dispose of them either by mass cremation or mass burial.
The terms set forth on Hartsdale’s Burial Right Certificate and annual care contract are far less restrictive than New York State and call for plot forfeiture after three years of non-payment. Simply stated, Hartsdale does not want any plot-holder to lose his or her plot. In fact, every effort is made to accommodate delinquent plot-holders including generous payment plans that permit payment to be deferred.
However, not all plots can be saved. Some may view this as insensitive until one considers the potentially devastating consequences. If Hartsdale (or any pet cemetery for that matter) chose not to take the action required by New York State or the Burial Right Certificate it would jeopardize the interests of all of the plot-holders who have already paid their proportionate share of the general maintenance. This would result in a serious diminution in the overall maintenance and beauty of the Cemetery. That was not the intent of the founders of Hartsdale nor is it the desire of all the plot-holders who have chosen Hartsdale.
In order to avoid plot forfeiture from occurring, Hartsdale urges all plot-holders to purchase Perpetual Care in order to protect their Burial Right in perpetuity.
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What if I move or do not receive my bill for Annual General Maintenance?
All mail is sent to a plot-holder’s last known address of record. For the protection of the plot-holder, all address changes must be made in writing.
Both the Burial Right Certificate and Annual Care Contract clearly state that “Hartsdale Canine Cemetery, Incorporated is not responsible for any consequences resulting from the failure of mail to reach the plot-holder.” Thus, it is ultimately the obligation of the plot-holder to ensure that annual general maintenance payments are made.
As discussed above, payment of general maintenance is mandatory. When a plot-holder fails to pay for general maintenance for any reason the consequence is that Hartsdale does not collect all of the funds that are necessary in order to properly maintain the grounds for its plot-holders.
New York State law authorizes a pet cemetery to terminate the rights of a plot-holder after proper notice when the maintenance fee is in arrears for more than 180 days (NYS Consolidated Laws: GBL Article 35-C; Section 750-q ). Furthermore, New York State authorizes a pet cemetery to remove any remains in the plot and dispose of them either by mass cremation or mass burial.
The terms set forth on Hartsdale’s Burial Right Certificate and annual care contract are far less restrictive than New York State and call for plot forfeiture after three years of non-payment.
Some may view this as insensitive until one considers the potentially devastating consequences. If Hartsdale (or any pet cemetery for that matter) chose not to take the action required by New York State or the Burial Right Certificate it would jeopardize the interests of all of the plot-holders who have already paid their proportionate share of the general maintenance. This would result in a serious diminution in the overall maintenance and beauty of the Cemetery. That was not the intent of the founders of Hartsdale nor is it the desire of all the plot-holders who have chosen Hartsdale.
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Who is responsible for Annual General Maintenance when a plot-holder dies? The obligation for annual general maintenance does not end when a plot-holder dies. The plot-holder’s estate would be responsible for paying general maintenance. As discussed above, payment of general maintenance is mandatory. When a plot-holder fails to pay for general maintenance for any reason the consequence is that Hartsdale does not collect all of the funds that are necessary in order to properly maintain the grounds for its plot-holders.
New York State law authorizes a pet cemetery to terminate the rights of a plot-holder after proper notice when the maintenance fee is in arrears for more than 180 days (NYS Consolidated Laws: GBL Article 35-C; Section 750-q ). Furthermore, New York State authorizes a pet cemetery to remove any remains in the plot and dispose of them either by mass cremation or mass burial.
The terms set forth on Hartsdale’s Burial Right Certificate and annual care contract are far less restrictive than New York State and call for plot forfeiture after three years of non-payment.
Some may view this as insensitive until one considers the potentially devastating consequences. If Hartsdale (or any pet cemetery for that matter) chose not to take the action required by New York State or the Burial Right Certificate it would jeopardize the interests of all of the plot-holders who have already paid their proportionate share of the general maintenance. This would result in a serious diminution in the overall maintenance and beauty of the Cemetery. That was not the intent of the founders of Hartsdale nor is it the desire of all the plot-holders who have chosen Hartsdale.
This issue is not applicable for those plot-holders who have purchased Perpetual Care. Perpetual Care plot-holders make a one-time, lump-sum payment to the Perpetual Care Trust Fund. Once the required amount has been paid no further payment for general maintenance is necessary and the plot-holder will have peace of mind knowing that his or her plot will be a permanent part of Hartsdale Pet Cemetery.
Some plot-holders have chosen to add a provision to their last will and testament with instructions to use funds from his or her estate to purchase Perpetual General Care for their plot at Hartsdale when he or she is no longer able to do so.
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Does the fee associated with general maintenance increase?
Yes. In accordance with the terms set forth on the Burial Right Certificate, all plot-holders are required to contribute his/her proportionate share towards the maintenance and general upkeep of Hartsdale as described above. Consumer goods and services are generally subject to inflation. The expenses associated with general maintenance are no exception (i.e., maintenance staff salaries and payroll benefits, maintenance tools and supplies, etc.). Therefore, the fees for general maintenance – both perpetual and annual - are reviewed annually and may increase accordingly.
One of the benefits of purchasing Perpetual Care is that those plot-holders need not worry about price increases or inflation associated with general maintenance expenses. Perpetual Care plot-holders make a one-time, lump-sum payment to the Perpetual Care Trust Fund. Once the required amount has been paid no further payment for general maintenance is necessary and the plot-holder will have peace of mind knowing that his or her plot will be a permanent part of Hartsdale Pet Cemetery. |
Can payments made for annual general maintenance in prior years be applied to pay for Perpetual Care?
No. All annual payments received by plot-holders are used to pay for general maintenance for the year that such maintenance was billed. Therefore, those funds can not be used again to purchase Perpetual Care.
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Can I make installment payments for Perpetual General Care?
No. The Perpetual Care Trust Fund is designed to generate the same amount of funds that would be billed for general maintenance on an annual basis. In order to generate such a return a one-time, lump-sum payment is required. Payments that are less than the full principal would result in a shortfall of funds necessary for general maintenance.
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