Buffalo HOAs and condos can levy regular and special assessments per the declaration. Unpaid condo assessments become priority liens under NY RPL 339-z. HOA assessments in planned communities require foreclosure action like any other lien.
Assessment authority derives from the declaration and bylaws. Condominiums under NY RPL Article 9-B can impose common charges proportional to ownership percentage. Unpaid common charges create automatic statutory liens under RPL 339-aa, second only to tax liens and first mortgages. Condo boards can foreclose like mortgage holders (six-year statute of limitations). Special assessments require board approval and sometimes owner vote per bylaws (often 50-75 percent for large projects). HOAs in planned communities rely on CCR covenants that run with the land; liens generally require recording and court-ordered foreclosure. Late fees, interest (typically 9-18 percent per NY law), and attorney fees are recoverable if the declaration allows.
Unpaid assessments: late fees (typically 25-50 dollars), interest up to 9 percent statutory, lien filing, and foreclosure after 6 months-plus.
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