HOA Liens and Foreclosure in New York
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in New York, and the limits.
Short answer: Yes, for condominiums. A condo board of managers has a lien on each unit for unpaid common charges, which ranks ahead of other liens except tax liens, the first mortgage and certain government housing-agency mortgages. N.Y. Real Prop. Law §§ 339-z, 339-aa
| HOA liens and foreclosure | Yes, for condominiums. A condo board of managers has a lien on each unit for unpaid common charges, which ranks ahead of other liens except tax liens, the first mortgage and certain government housing-agency mortgages. The lien takes effect when a notice of lien is filed with the recording officer and lasts until paid or six years from filing, whichever comes first. The board may foreclose it the same way as a mortgage, but must first send the owner a notice in 14-point type stating the amount due at least 90 days before starting the foreclosure. The board may also sue for the money without foreclosing. Lien priority: https://www.nysenate.gov/legislation/laws/RPP/339-Z |
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More New York foreclosure & homeowner law
- How Foreclosure Works in New York
- Redemption and Deficiency Judgments in New York
- Getting Your Home Back After a Tax Sale in New York
- All New York foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in New York?
Yes, for condominiums. A condo board of managers has a lien on each unit for unpaid common charges, which ranks ahead of other liens except tax liens, the first mortgage and certain government housing-agency mortgages. The lien takes effect when a notice of lien is filed with the recording officer and lasts until paid or six years from filing, whichever comes first. The board may foreclose it the same way as a mortgage, but must first send the owner a notice in 14-point type stating the amount due at least 90 days before starting the foreclosure. The board may also sue for the money without foreclosing.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.