New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide



Priority in Common Charge Liens

RPL SEC. 339-Z 

The board of a condominium, on behalf of the unitowners, shall have a lien on each unit for any unpaid common charges. The declaration of an exclusive non-residential condominium may provide that the lien for common charges will be superior to any mortgage liens of record.


"Condominium boards should stay on top of their unit-owners and make sure they’re all current in their obligations to pay common charges. This is important because, unfortunately, in New York State the mortgage loans held by banks take priority to those common charges. If the boards are not diligent and the unit-owner ends up in a foreclosure situation, the condominium will lose out because of the way the laws in this state are written. They don’t have a lot of remedies."

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