Showing ordinances that apply to Smithtown, NY
Smithtown is an unincorporated community (population 25,629) in Suffolk County, New York. Because Smithtown is not an incorporated city, it does not have its own municipal code. Instead, Suffolk County ordinances apply directly to properties here. The assessment & dues rules below are the ones that govern your area.
Suffolk County HOA and condo assessments are governed by the recorded declaration and NY RPL sec. 339. Common charges are liens against unit ownership with priority under NY law. Special assessments typically require board approval (or owner vote per bylaws). Late fees and interest per declaration.
NY RPL sec. 339-z creates a statutory lien for unpaid common charges in condominiums - lien is effective from filing of verified statement and takes priority over most subsequent liens (but not the first mortgage). Foreclosure of condo common charge lien proceeds under RPAPL Article 13. For HOAs (not condos), lien rights depend on the recorded declaration. Special assessments for capital repairs require board vote; thresholds in declaration (often 67 percent owner approval for assessments over certain amount). Reserve fund adequacy not statutorily mandated in NY but required by Fannie/Freddie for mortgage eligibility (10 percent of annual budget). NY Attorney General Martin Act governs condo offering plans and reserve disclosures.
Non-payment: lien, late fees typically 5-10 percent plus 9-12 percent interest, eventual foreclosure. Improper special assessment: owner suit for injunction.
See how Smithtown's assessment & dues rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.