New York Condominium & HOA Assessment Collection Rules

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.