N.Y. RPP Law § 339-AA — New York Code / Act RPP / Article 9-B / Section 339-AA
Lien for common charges; duration; foreclosure
Status: in_force

§ 339-aa. Lien for common charges; duration; foreclosure. The lien\nprovided for in section three hundred thirty-nine-z of this article\nshall be effective from and after the filing in the office of the\nrecording officer in which the declaration is filed a verified notice of\nlien stating the name (if any) and address of the property, the liber\nand page of record of the declaration, the name of the record owner of\nthe unit, the unit designation, the amount and purpose for which due,\nand the date when due; and shall continue in effect until all sums\nsecured thereby, with the interest thereon, shall have been fully paid\nor until expiration six years from the date of filing, whichever occurs\nsooner. In the event that unpaid common charges are due, any member of\nthe board of managers may file a notice of lien as described herein if\nno notice of lien has been filed within sixty days after the unpaid\ncharges are due. Upon such payment the unit owner shall be entitled to\nan instrument duly executed and acknowledged certifying to the fact of\npayment. Such lien may be foreclosed by suit authorized by and brought\nin the name of the board of managers, acting on behalf of the unit\nowners, in like manner as a mortgage of real property pursuant to\narticle thirteen of the real property actions and proceedings law,\nwithout the necessity, however, of naming as a party defendant any\nperson solely by reason of his owning a common interest with respect to\nthe property. The board of managers shall be required to provide notice\nto the unit owner at least ninety days prior to the commencement of a\nforeclosure proceeding at the property address and any other address of\nrecord. Such notice shall be in fourteen-point type and shall inform the\nowner that the board intends to file an action for foreclosure to\nenforce the lien and shall state the address of the property and the\nspecific amount due. In any such foreclosure the unit owner shall be\nrequired to pay a reasonable rental for the unit for any period prior to\nsale pursuant to judgment of foreclosure and sale, if so provided in the\nby-laws, and the plaintiff in such foreclosure shall be entitled to the\nappointment of a receiver to collect the same. The board of managers,\nacting on behalf of the unit owners, shall have power, unless prohibited\nby the by-laws, to bid in the unit at foreclosure sale, and to acquire\nand hold, lease, mortgage and convey the same. Suit to recover a money\njudgment for unpaid common charges shall be maintainable without\nforeclosing or waiving the lien securing the same, and foreclosure shall\nbe maintainable notwithstanding the pendency of suit to recover a money\njudgment.\n  Notwithstanding any other provision of this article, if a municipal\ncorporation acquires title to a unit as a result of tax enforcement\nproceedings, such municipal corporation shall not be liable for and\nshall not be subject to suit for recovery of the common charges\napplicable to such unit during the period while title to such unit is\nheld by the municipal corporation or for the payment of any rental for\nthe unit under the provisions of this section, except to the extent of\nany rent arising from such unit received by such municipal corporation\nduring such period.\n  Except as herein specifically provided, nothing contained herein shall\naffect or impair or release the unit from the lien for such common\ncharges or impair or diminish the rights of the manager or the board of\nmanagers on behalf of the unit owners under this section and section\nthree hundred thirty-nine-z.\n