Common charges lien automatic under NY RPL 339-z for condominiums. HOAs enforce via CCRs. Unpaid assessments can lead to foreclosure. NY RPL 339-aa gives common charge lien priority over most liens except first mortgage and taxes.
NY Real Property Law Article 9-B (Condominium Act) governs condominium common charges. RPL 339-z creates an automatic lien on each unit for unpaid common charges, and RPL 339-aa gives that lien priority over all other liens except property taxes and first mortgages of record. Homeowner associations (non-condo HOAs) derive assessment power from recorded CCRs and NY common law; liens require recording under Lien Law. Foreclosure is available remedy for unpaid condo common charges (RPL 339-aa) and for HOA assessments if CCRs so provide. Interest rate on unpaid charges is governed by governing documents.
Collection actions: late fees, interest, attorney fees where authorized by CCRs. Foreclosure available for condos under RPL 339-aa and for HOAs per CCRs. Owner remedies: challenge improper fees in court.
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Onondaga County, NY
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Onondaga County, NY
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