Mount Vernon, NY HOA Rules: Assessment & Dues (2026)
Key Facts
- Membership
- Automatic for every PUD-2 property owner
- Charge basis
- Proportionate share of association expenses
- Lien trigger
- Unpaid more than 60 days after assessment
- Who can sue to collect
- The association, the City, or both
Summary
In Mount Vernon's PUD-2 Planned Unit Development District, every property owner automatically belongs to the project's property owners association and owes a proportionate share of its expenses. City Code Section 267-26 turns an unpaid assessment into a lien on the property once it is 60 days past due.
The property owners' association agreement shall require that every property owner within the PUD-2 District shall automatically be and remains a member of the association and shall be subject to a charge for his proportionate share of expenses of the association's activities, including but not limited to the maintenance and operation of the common land and improvements thereon. The charge shall be a lien on the property in the event that it remains unpaid by the property owner for a period of more than 60 days after assessment thereof by the governing body of the property owners association. The obligation of each property owner to pay a proportionate share of the association's expenses may be enforced by an action in the name of the association or by the City...or in the name of both.
Full Breakdown
D(2)(d)[5] sets the assessment rules for property owners associations formed to own and maintain common land in a PUD-2 development. The association's governing agreement must make every property owner within the PUD-2 District automatically and continuously a member, with no opt-out. Each owner is subject to a charge covering a proportionate share of the association's expenses, which the Code says includes but is not limited to the maintenance and operation of the common land and any improvements on it. If an owner does not pay that charge within 60 days after the association's governing body assesses it, the unpaid amount becomes a lien against the owner's property.
That structure mirrors, on the private association side, the enforcement mechanism the City itself uses when it has to step in and maintain neglected common land under a related PUD-2 provision, where unpaid City maintenance costs are collected through the annual tax levy. The Code also spells out who can go to court to collect an unpaid PUD-2 assessment: the obligation of each property owner to pay a proportionate share of the association's expenses may be enforced by an action brought in the name of the association, by the City, or by both together.
This dual enforcement path means an owner who ignores an assessment notice faces exposure to both a private lien action from the association and potential City involvement, in addition to the underlying lien attaching to the property itself once the 60-day window passes.
Violations & Fines
An assessment left unpaid more than 60 days after the property owners association levies it automatically becomes a lien against the owner's property under Section 267-26.D(2)(d)[5]. The Code authorizes the association, the City, or both jointly to bring a court action to collect the unpaid proportionate share, meaning nonpayment can trigger both a lien and a collection lawsuit.
Frequently Asked Questions
Can a Mount Vernon PUD-2 property owner opt out of association dues?
How long before an unpaid PUD-2 assessment becomes a lien?
Who can sue to collect an unpaid PUD-2 assessment?
Sources & Official References
Other rules in Mount Vernon
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