Can a New York HOA Foreclose Over Dues?

Whether a New York association can foreclose over unpaid dues depends first on whether you are in a condominium or a traditional HOA — and New York's condo lien, unlike many states', sits entirely behind the first mortgage. For your specific situation, a licensed New York attorney is the right resource. This is general information, not legal advice.

Can a New York condo association put a lien on my unit?

Yes. Under RPL § 339-z, the board of managers, on behalf of the unit owners, has a lien on each unit for unpaid common charges plus interest. It ranks ahead of other liens except tax liens, sums unpaid on a first mortgage of record, and certain state and New York City agency mortgages, so there is no six-month super-priority.

For condominiums, the Condominium Act gives the board a lien. Under RPL § 339-z, "[t]he board of managers, on behalf of the unit owners, shall have a lien on each unit for the unpaid common charges thereof, together with interest thereon, prior to all other liens except only (i) liens for taxes …, (ii) all sums unpaid on a first mortgage of record, and (iii) all sums unpaid on a subordinate mortgage of record held by the New York job development authority …" and several other state and New York City housing and development agencies.

The key takeaway: the common-charge lien is subordinate to a first mortgage of record. New York gives condominiums no six-month "super-priority" slice ahead of the mortgage, unlike many states that have adopted the Uniform Common Interest Ownership Act. That makes the order of recording, and the size of the first mortgage, central to what the lien is actually worth.

Does a New York condo board need a court order to foreclose?

Yes. Under RPL § 339-aa, a condo common-charge lien may be foreclosed by suit in like manner as a mortgage under RPAPL article 13, so it runs through New York's judicial foreclosure process. For actions commenced on or after October 16, 2025, the board must give the owner at least 90 days' notice before starting foreclosure.

Under § 339-aa, the lien "may be foreclosed by suit … in like manner as a mortgage of real property pursuant to article thirteen of the real property actions and proceedings law." So a condo common-charge foreclosure runs through New York's judicial mortgage-foreclosure process, with the protections that process carries. The lien "shall continue in effect until all sums secured thereby … shall have been fully paid or until expiration six years from the date of filing, whichever occurs sooner."

A 2025 amendment, Chapter 433 of the Laws of 2025, added a notice step. The board of managers "shall be required to provide notice to the unit owner at least ninety days prior to the commencement of a foreclosure proceeding at the property address and any other address of record," and the notice "shall be in fourteen-point type and shall inform the owner that the board intends to file an action for foreclosure to enforce the lien and shall state the address of the property and the specific amount due." The act took effect immediately on its October 16, 2025 signing and applies to actions commenced on and after that date.

Can a non-condo HOA foreclose on my home in New York?

It depends on the recorded declaration. No New York statute creates a non-condo HOA assessment lien; some declarations create an enforceable lien, others leave the association to an ordinary money judgment. Since 2025, RPAPL § 2010 requires an incorporated HOA whose documents permit foreclosure to give at least 90 days' notice first; it does not itself grant a lien.

For a non-condo HOA, there is no statute creating an assessment lien. Whether the association can place a lien on a lot — and whether it can foreclose — depends entirely on what the recorded declaration grants. Some declarations create an enforceable lien; others leave the association to pursue an ordinary money judgment for unpaid assessments. Reading the declaration is the only way to know which, and a licensed New York attorney can do that with you.

The same 2025 law added a notice rule on the HOA side. Under RPAPL § 2010, at least ninety days before "the commencement of a foreclosure action to enforce a lien for unpaid common charges, assessments, fees or fines owed to an incorporated homeowners' association, which is permitted pursuant to the governing documents of such association," the board or other entity representing the association "shall provide notice to the owner at the property address and any other address of record, in at least fourteen-point type." The notice states that the association intends to foreclose, the property address, and the specific amount due. The section applies to incorporated associations, and only where the governing documents permit the foreclosure; it does not itself grant a lien.

What people generally do

In a New York assessment- or common-charge-debt situation, a few points commonly matter:

• Whether the community is a condo (RPL § 339-z lien) or an HOA (declaration-dependent).
• For a foreclosure commenced on or after October 16, 2025, whether the 90-day notice required by RPL § 339-aa (condos) or RPAPL § 2010 (incorporated HOAs) was given.
• The association's records and a payoff figure show what is actually owed.
• Disputed fines and undisputed common charges or assessments are treated separately.
• A payment plan, before interest and legal fees accumulate, is something owners often raise with the board.
• A licensed New York attorney is the resource early, while options remain open.

Sources

• N.Y. Real Property Law § 339-z — Lien for common charges
• N.Y. Real Property Law § 339-aa — Foreclosure of lien
• N.Y. Real Property Actions and Proceedings Law § 2010 — Enforcement of liens by a homeowners' association
• Laws of 2025, ch. 433 (A3470) — bill text and signing record