Liens & ForeclosureNY
Can a New York HOA Foreclose Over Dues?
By The HOARebel Team · June 2, 2026 · 2 min read
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.
Condominiums: the common-charge lien (RPL § 339-z)
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."
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.
How a condo lien is foreclosed (RPL § 339-aa)
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."
Homeowners associations: it depends on the declaration
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.
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).
- 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.