New York has no comprehensive HOA act. Condominiums get a statutory common-charge lien under Real Property Law § 339-z that is foreclosable like a mortgage but junior to a first mortgage. Non-condo HOAs collect dues only through their recorded declaration plus the Not-For-Profit Corporation Law.
Under the NY Condominium Act, RPL § 339-z gives the board of managers a lien on each unit for unpaid common charges that is "prior to all other liens except only" tax liens, "all sums unpaid on a first mortgage of record," and certain state-agency mortgages. RPL § 339-aa lets the board foreclose that lien "in the same manner as a mortgage of real property," after at least 90 days' notice in 14-point type stating the amount due; the lien lasts six years from filing. Because no general HOA statute exists, planned-community HOAs collect assessments only as the recorded declaration allows, with the association organized under the N-PCL. Cooperatives instead collect maintenance under the proprietary lease and Cooperative Corporation Law.
Unpaid condo common charges become a foreclosable lien (RPL §§ 339-z, 339-aa); the board may also sue for a money judgment with interest without waiving the lien. Non-condo HOA dues are enforced only as the recorded declaration provides.
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Yonkers, NY
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