Condo Common-Charge Lien Priority

N.Y. Real Property Law § 339-z

Under New York's Condominium Act (Real Property Law Article 9-B), the board of managers holds a lien on each unit for unpaid common charges plus interest, with priority over all other liens except (i) tax and assessment liens, (ii) sums unpaid on a first mortgage of record, and (iii) sums unpaid on a subordinate mortgage of record held by specified state or city housing agencies (e.g., NY Job Development Authority, Urban Development Corporation, DHCR, Housing Trust Fund Corporation, NYC Housing Development Corporation, or HPD). Any grantor or grantee of a unit is entitled to a statement of unpaid common charges from the board, and neither is liable for charges accrued before conveyance in excess of the stated amount.