Brooklyn co-ops levy monthly maintenance charges plus assessments for capital needs. Condos charge common charges plus assessments. Boards set amounts via bylaws; unpaid charges create liens and can trigger foreclosure or eviction.
Co-op shareholders pay monthly 'maintenance' covering operating costs, real estate taxes, and mortgage; special assessments fund capital improvements (roof, boiler, façade Local Law 11/97 repairs). Condo unit owners pay 'common charges' for shared expenses plus assessments for capital projects. Boards adopt budgets under their bylaws, typically requiring majority board approval for routine assessments and supermajority for certain capital work. Unpaid maintenance in a co-op is a default under the proprietary lease; the board can terminate the lease and commence a holdover eviction proceeding in Housing Court (Pullman doctrine, 40 W 67th St Corp v Pullman, 2003). Condos can file a common charge lien under RPL §339-z, which takes priority over later mortgages in NY and can lead to foreclosure. Financial disclosures to shareholders/unit owners are required annually.
Unpaid maintenance/charges: late fees per bylaws (commonly 2% monthly), lien, foreclosure (condo) or lease termination/eviction (co-op).
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