New York Statewide Rule

New York Condominium & HOA Assessment Collection Rules

Some RestrictionsApplies statewide across New York (2026)

Key Facts

Condo statute: RPL § 339-z / § 339-aa (common-charge lien)
Foreclosure: Yes: foreclosed like a mortgage
First-mortgage priority: First mortgage stays senior to the lien
Pre-foreclosure notice: 90 days, 14-point type, amount due
Non-condo HOA basis: Declaration + N-PCL

Last verified: September 5, 2026

Summary

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.

The board of managers, on behalf of the unit owners, shall have a lien on each unit for the unpaid common charges thereof, together with interest thereon, prior to all other liens except only (i) liens for taxes on the unit in favor of any assessing unit, school district, special district, county or other taxing unit, (ii) all sums unpaid on a first mortgage of record, and (iii) all sums unpaid on a subordinate mortgage of record held by the New York job development authority, the New York state urban development corporation, the division of housing and community renewal, the housing trust fund corporation, the New York city housing development corporation, or in a city having a population of one million or more, the department of housing, preservation and development. Upon the sale or conveyance of a unit, such unpaid common charges shall be paid out of the sale proceeds or by the grantee.

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Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can a New York condo association foreclose for unpaid common charges?

Yes. RPL § 339-aa lets the board of managers foreclose its common-charge lien "in the same manner as a mortgage," but it must first give the owner at least 90 days' written notice in 14-point type stating the property address and amount due.

Does a New York condo common-charge lien beat my mortgage?

No. RPL § 339-z makes the lien prior to most liens except tax liens and "all sums unpaid on a first mortgage of record," so a recorded first mortgage stays senior to the condo lien.

What law governs assessments in a non-condo New York HOA?

There is no comprehensive New York HOA assessment statute. Collection rights come from the recorded declaration/CC&Rs, with the association governed by the Not-For-Profit Corporation Law.

Sources

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