Colonie, NY HOA Rules: Assessment & Dues (2026)
Key Facts
- Assessment basis
- Prorated share of HOA costs per lot
- Collection tool
- Unpaid assessment becomes a property lien
- Adjustment
- HOA may raise/lower assessment for changed needs
- Tax exposure
- Taxing authorities can pursue individual owners
- Enforcing agency
- Planning and Economic Development Department
Summary
Where a conservation subdivision's open space belongs to a homeowners' association, Town Code § 190-30L(2)(d) lets the HOA's assessment attach as a lien against each lot owner's property if the owner does not pay a prorated share of costs. The same section lets the HOA adjust its assessment whenever the development's needs change.
(d) Property owners must be required to pay their prorated share of the costs, and the assessment levied by the HOA must be able to become a lien on the individual homeowners' properties. (e) The HOA must be able to adjust the assessment to meet changed needs. ... (g) Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units each owns.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4902401; v37 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Town Code § 190-30L(2) governs how a Colonie conservation-subdivision HOA can bill and collect from its own members once it owns the preserved open space. Subsection (d) requires each property owner to pay a prorated share of the HOA's costs and expressly authorizes that assessment to become a lien on the individual owner's property, giving the HOA a real collection tool rather than relying only on the covenants for enforcement. Subsection (e) lets the HOA adjust the assessment over time to meet changed needs, so the figure set at the subdivision's approval is not locked in permanently as expenses for insurance, taxes, private roads and common facilities rise.
Subsection (g) reinforces this by structuring ownership so that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding directly against individual owners in the HOA and the dwelling units each one owns, rather than treating the open space parcel as untouchable common land. Together these provisions mean an owner's obligation to the HOA is not just contractual: unpaid assessments can ripen into a recorded lien and the underlying property tax exposure follows the individual owner, not an abstract association. The Planning and Economic Development Department (PEDD) administers and enforces the Conservation Development Overlay District under § 190-33A.
Violations & Fines
An owner who does not pay a prorated assessment faces a lien under § 190-30L(2)(d) directly against their property. Separately, § 190-30K(4) allows the Town to enter and maintain open space on 30 days' written notice if a management-plan violation becomes a public nuisance, assessing the cost against the HOA's owners; if unpaid, that cost becomes a tax lien on the property as well.
Frequently Asked Questions
Can Colonie's HOA raise assessments after the subdivision is built?
What happens if I don't pay my HOA assessment?
Who is on the hook for property taxes on the shared open space?
Sources & Official References
Other rules in Colonie
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