Common charges and assessments in Orange County NY are authorized by NY RPL 339-e (condominiums) and the declaration for HOAs. Unpaid charges become liens under RPL 339-z and 339-aa. Condominium HOAs can foreclose on liens for unpaid assessments, and late fees typically range 5-10 percent plus interest. Liens are generally subordinate to first mortgages.
For condominiums, NY RPL 339-e authorizes the board to fix common charges based on each unit's percentage interest, and RPL 339-z makes unpaid charges plus interest, late fees, attorney fees, and collection costs a lien on the unit. RPL 339-aa allows the board to foreclose the lien in the same manner as a mortgage, typically after 60 days delinquent, subject to notice requirements. Lien priority is subordinate to first mortgages recorded before the condominium declaration or before the delinquency in most cases. For non-condo HOAs, lien and collection rights come from the recorded declaration; without a declaration lien provision, the HOA must sue for a money judgment. Late fees are typically 5-10 percent of the overdue amount, plus statutory interest (9 percent under CPLR 5004 for post-judgment) or the rate stated in the declaration. NY Real Estate Finance Bureau at the Attorney General's office accepts complaints about sponsor-controlled condo boards.
Unpaid assessments: late fees 5-10 percent, interest typically 9-18 percent, lien filing, foreclosure after 60 days, personal judgment plus attorney fees under most declarations.
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