When a unit owner stops paying common charges, the shortfall doesn’t vanish — it lands on everyone else in the building. A handful of delinquent accounts can drain reserves, stall repairs, and force a special assessment that punishes the owners who pay on time. New York gives condominium and homeowners’ association boards real tools to collect what they’re owed. But those tools come with strict procedures, and a board that misses a step can forfeit its priority, its fees, or its whole case.
Here’s how common-charge collection actually works in New York — and where boards most often go wrong.
Condominium or HOA? The distinction drives everything
Condominiums and homeowners’ associations are legally different animals. A condominium is governed by New York’s Condominium Act (Real Property Law Article 9-B), which gives the board a statutory lien for unpaid common charges. A homeowners’ association is governed mainly by its recorded declaration and the Not-for-Profit Corporation Law — its lien power comes from the governing documents, not a statute. The collection playbook overlaps, but the source of authority differs, and that changes what your board can do.
Condominiums: the automatic lien for common charges
The moment a unit owner falls behind, the condominium has a lien on that unit for the unpaid charges, plus interest (Real Property Law § 339-z). That lien sits ahead of almost everything — except unpaid real-estate taxes and the balance owed on a first mortgage of record. This is a common misconception worth correcting: unlike some states, New York does not give a condominium a “super-lien” that leapfrogs the first mortgage.
To enforce the lien, the board files a verified notice of lien with the county clerk; any board member may file it once charges are 60 days overdue (§ 339-aa). The lien lasts until it’s paid or six years from filing, whichever comes first. From there, the board has two paths — and can use both: foreclose the lien “in the same manner as a mortgage” (a judicial foreclosure against the unit), and/or sue the owner personally for a money judgment. Pursuing one does not waive the other.
HOAs: your collection power lives in your declaration
A homeowners’ association doesn’t get the Article 9-B statutory lien. Instead, its authority to lien and foreclose flows from its recorded declaration. Most declarations create a lien for unpaid assessments — if yours does, the association can record that lien and foreclose it under the RPAPL much like a mortgage. If it doesn’t, the association may be limited to a money judgment. So the first question for any HOA board is simple: what do our governing documents actually authorize?
New for 2025: the 90-day notice rule
This is the most important recent change for boards. Effective October 2025, New York amended the Condominium Act — Real Property Law § 339-aa — to require a condominium board to give a unit owner at least 90 days’ written notice before commencing a foreclosure to enforce a common-charge lien. The notice must be in 14-point type; state that the board intends to foreclose, the property address, and the specific amount due; and be sent to the unit and any other address of record. Homeowners’ associations should expect to provide comparable notice. Skipping this notice — or sending a defective one — is one of the quickest ways to get a foreclosure dismissed.
A board’s collection toolkit
- Late fees and interest — but only if your governing documents authorize them, at a reasonable rate.
- Payment plans — often the fastest route to getting an owner current.
- Money judgment — quick to obtain, but frequently hard to actually collect.
- Lien and foreclosure — the real leverage, because it attaches to the unit itself.
- Attorney’s fees and costs — recoverable if your declaration or bylaws provide for them.
Where boards go wrong
- Waiting too long and letting arrears balloon (the six-year clock is running).
- Skipping or botching the required pre-foreclosure notice.
- Charging late fees or legal fees the governing documents don’t authorize.
- Selective enforcement — pursuing some owners but not others invites a defense.
- Treating a money judgment as the finish line when the owner has no collectible assets.
When to bring in counsel
A demand letter on firm letterhead clears up many delinquencies on its own. For the rest, the mechanics — filing the lien correctly, serving a compliant notice, and foreclosing — are unforgiving, and worth doing right the first time.
Frequently asked questions
Can a New York condo or HOA foreclose on a home over unpaid common charges?
Yes. A condominium can foreclose its statutory lien like a mortgage; a homeowners’ association can if its declaration creates a lien.
Does the common-charge lien come ahead of the mortgage?
For condominiums, no — it is subordinate to real-estate taxes and a first mortgage of record.
How long does a condominium’s lien last?
Six years from the date the notice of lien is filed, unless it is paid or foreclosed sooner.
Can the association recover its legal fees?
Only if the governing documents allow it.
Toporowski Law represents condominium and homeowners’ association boards across New York in common-charge collection, lien filings, and foreclosure. Schedule a consultation to discuss your association’s delinquent accounts.
Related reading: Handling a mechanic’s lien on your New York property.
