Section 339-z gives the board of managers a lien on your unit for unpaid common charges plus interest, and that lien has priority over most other liens except property tax liens, sums unpaid on a first mortgage of record, and a short list of subordinate government-affiliated mortgages. When a unit sells, unpaid common charges get paid out of the proceeds or by the buyer, and either the seller or buyer is entitled to a written statement from the board setting out exactly what's owed, so nobody can be blindsided by a stale, undisclosed balance.
Section 339-aa sets the mechanics. The lien becomes effective once the board files a verified notice of lien with the county recording officer, naming the property, the owner, the unit, the amount, and the date it became due; it stays in effect until paid or for six years from filing, whichever comes first. If no lien has been filed within sixty days after charges go unpaid, any board member can file one. Foreclosure itself has to be judicial, in the same manner as a mortgage foreclosure under Article 13 of the Real Property Actions and Proceedings Law, not a fast nonjudicial sale. And before the board can even start that foreclosure action, it must give you at least 90 days' written notice, printed in fourteen-point type, stating the property address and the exact amount claimed due.
The 90-day warning is your window
That 90-day notice is the single most important consumer protection in this statute. A board cannot go straight to court. Use the window to demand an itemized ledger and separate genuine common charges, your share of the property's actual common expenses as § 339-e defines them, from anything else stuffed into the number: attorney's fees, late charges, or a fine that's been quietly recharacterized as a common expense. Because foreclosure has to run through the courts under Article 13, you'll also get real court process and time, not a summary power-of-sale foreclosure. Negotiate or pay during the notice period if you can; once a foreclosure action is actually filed, your options narrow fast.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
N.Y. Real Prop. Law § 339-z
Establishes the board's lien on a unit for unpaid common charges, sets its priority against other liens, and entitles buyers and sellers to a written payoff statement.
N.Y. Real Prop. Law § 339-aa
Governs how the lien is filed and how long it lasts, requires judicial foreclosure under RPAPL Article 13, and requires at least 90 days' written notice, in fourteen-point type, before a foreclosure action can start.
N.Y. Real Prop. Law § 339-e
Defines 'common charges' and 'common expenses,' the baseline amounts the lien is allowed to secure.
Step by step
How to respond to a New York condo lien or foreclosure notice
Steps to take the moment you receive a notice of lien or a pre-foreclosure notice over unpaid common charges in a New York condo.
- 01
Confirm a valid notice of lien was actually filed
Section 339-aa requires a verified notice of lien with specific details (owner name, unit, amount, purpose, date due) filed with the county recording officer. Ask for a copy and confirm it matches what you're being told you owe.
- 02
Check for the 90-day notice
Any foreclosure action must be preceded by at least 90 days' written notice, in fourteen-point type, stating the intent to foreclose, the property address, and the exact amount claimed due. If you received a foreclosure filing without that warning, flag the defect immediately.
- 03
Get an itemized accounting
Separate actual common charges, as § 339-e defines them, from fines, late fees, and attorney costs that may have been folded into the balance.
- 04
Ask about a payment plan
Most boards would rather set up a payment plan than absorb the cost of a judicial foreclosure. Get any agreement in writing and confirm it pauses the lien and notice timeline.
- 05
Get a licensed New York attorney before the 90 days runs out
Foreclosure of your home is not a do-it-yourself fight. Use the notice window to get counsel while you still have it.
Straight answers
Common questions
Can a New York condo really foreclose on my home over unpaid charges?
Yes. Section 339-z gives the board a lien on your unit for unpaid common charges, and § 339-aa lets the board foreclose that lien judicially, in the same manner as a mortgage foreclosure under Article 13 of the Real Property Actions and Proceedings Law.
Do they have to warn me first?
Yes, and specifically. Section 339-aa requires the board to give you at least 90 days' written notice, in fourteen-point type, before starting a foreclosure action, stating the property address and the exact amount claimed due.
How long does a lien last?
Under § 339-aa, once a verified notice of lien is filed, the lien stays in effect until it's paid off or six years pass from the filing date, whichever comes first.
Is my mortgage lender's lien ahead of the condo's lien?
Usually. Section 339-z gives the common-charge lien priority over most other liens, but it steps behind property tax liens and sums unpaid on a first mortgage of record, plus a short list of subordinate government-affiliated mortgages.
What if the amount they're foreclosing over is mostly fines and fees, not dues?
Worth scrutinizing closely. Section 339-e defines 'common charges' as your share of 'common expenses.' Pull an itemized ledger and separate genuine common expenses from fines, late charges, and legal fees before assuming the whole balance is lien-eligible.