Condominium common charges are statutory liens on the unit under NY RPL §339-z, with priority after the first mortgage and property taxes. HOAs collect assessments per their declaration with lien rights granted by governing documents. Late fees and interest are capped by governing documents; NY courts require reasonableness (Board of Mgrs. of Vil. View Condo v. Forman).
Dutchess County condo associations enforce common charges under NY RPL §339-z: charges become liens on recording a statement with the county clerk; priority is subordinate to first mortgage and real property taxes but superior to other encumbrances. HOAs rely on recorded declaration lien provisions since there is no statutory HOA lien in NY. Foreclosure of condo/HOA liens requires NY Supreme Court action (RPAPL Article 13). Late fees are typically 5-10% after 30 days; interest rarely exceeds 18% annually per governing documents and NY General Obligations Law §5-501 (civil usury ceiling for corporations does not apply to natural-person debtors over $250,000 only). Co-op maintenance is collected through the proprietary lease under NY Business Corporation Law, not RPL §339-z. Special assessments require board vote per bylaws; owner challenges go to NY Supreme Court under Levandusky standard. Dutchess condo examples: Park Avenue Condominiums (Poughkeepsie), Fairview Condominiums (Hyde Park).
Unpaid condo charges: lien + foreclosure after notice under NY RPAPL Art. 13 plus statutory legal fees. HOA unpaid assessments: lien per declaration, legal action in NY Supreme Court, judgment and wage garnishment possible. Board breach of fiduciary duty: derivative action by unit owners, board removal per bylaws.
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Dutchess County, NY
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