New York has no single "HOA statute." Which law governs depends on how your community is legally structured. A condominium is governed by the Condominium Act, Real Property Law (RPL) Article 9-B (§§ 339-d et seq.). A cooperative is a corporation whose residents own shares and hold a proprietary lease, governed mainly by the Business Corporation Law and that lease. A traditional homeowners association — a non-condo community of separately owned lots — has no comprehensive statute of its own; it runs on its recorded declaration and covenants plus, for an association incorporated under it, the Not-for-Profit Corporation Law (N-PCL). In Levandusky, a co-op case, the Court of Appeals adopted the business judgment rule for reviewing board decisions. For your specific situation, a licensed New York attorney is the right resource. This is general information, not legal advice.
First: condo, co-op, or HOA?
The starting question in New York is structural, because each form has a different legal backbone:
- Condominium — you own your unit (real property) plus a share of the common elements. The Condominium Act (RPL Article 9-B) supplies records, common-charge, lien, and foreclosure rules.
- Cooperative — you own shares in a corporation and lease your apartment under a proprietary lease. The Business Corporation Law and the lease control; the Condominium Act does not apply.
- Homeowners association — you own a lot subject to a recorded declaration, and the association may be incorporated under the N-PCL. There is no comprehensive HOA statute, so the declaration — plus the N-PCL for an incorporated association — does most of the work.
Identifying which one you are in is the threshold question a licensed New York attorney can confirm. See Which New York Laws Govern Your HOA?.
The business judgment rule (Levandusky)
In Levandusky v. One Fifth Avenue Apartment Corp., 75 N.Y.2d 530 (1990), a co-op board enforced a building policy against a shareholder, and the Court of Appeals held that "the business judgment rule furnishes the correct standard of review": "So long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith, courts will not substitute their judgment for the board's." The rule still permits review "as when the challenger demonstrates that the board's action has no legitimate relationship to the welfare of the cooperative, deliberately singles out individuals for harmful treatment, is taken without notice or consideration of the relevant facts, or is beyond the scope of the board's authority." The court framed its reasoning around "a cooperative or condominium governing board"; how it applies to a particular HOA or condo dispute is a question for a licensed New York attorney. See When Is a New York HOA Rule Unenforceable?.
Records
For condominiums, RPL § 339-w requires the board to "keep detailed, accurate records, in chronological order, of the receipts and expenditures arising from the operation of the property," available "for examination by the unit owners at convenient hours of weekdays," with an annual written report. For HOAs organized as not-for-profits, N-PCL § 621 lets a member of record "for at least six months" examine the corporation's "minutes of the proceedings of its members and list or record of members" on "at least five days written demand," and obtain "an annual balance sheet and profit and loss statement." Members of an HOA incorporated under the N-PCL may also review, on request to the board, "invoices, ledgers, bank accounts, reconciliations, contracts, and any documents related to the expenditure of homeowners association dues" (§ 621(e-1)). See Getting Your New York HOA's Records.
Meetings
HOA and other not-for-profit member meetings run on the N-PCL: under § 605, written meeting notice must be given "not less than ten nor more than fifty days before the date of the meeting," stating "the place, date and hour of the meeting." Condominium and cooperative meeting mechanics come largely from the bylaws and the proprietary lease. See Attending HOA Meetings in New York.
The lien and foreclosure
This is where New York differs sharply from "super-priority" states. For condominiums, RPL § 339-z gives the board of managers "a lien on each unit for the unpaid common charges thereof … prior to all other liens except only" tax liens, "all sums unpaid on a first mortgage of record," and certain subordinate mortgages of record held by listed state and New York City housing and development agencies. So the common-charge lien is subordinate to the first mortgage — there is no six-month priority slice ahead of it. The lien may be foreclosed under § 339-aa "in like manner as a mortgage of real property." Since Chapter 433 of the Laws of 2025 (signed October 16, 2025, and applying to actions commenced on and after that date), § 339-aa also requires the board of managers to give the unit owner notice "at least ninety days prior to the commencement of a foreclosure proceeding," in fourteen-point type, stating the property address and "the specific amount due." For a non-condo HOA, whether the association has any lien at all depends on the declaration; many instead pursue a money judgment. Where an incorporated HOA's governing documents do permit foreclosing a lien, the same law's RPAPL § 2010 requires a similar 90-day notice to the owner, in at least fourteen-point type, before the action is commenced. See Can a New York HOA Foreclose Over Dues?.
Fines
New York has no statute requiring a hearing before an HOA or condo fine. The authority to fine, and any process, come from the declaration and bylaws, and a challenge to a fine may raise whether the board stayed within that authority (see the Levandusky standard above). See Challenging an HOA Fine in New York.
Frequently asked questions
Is there a New York HOA law?
Not a single comprehensive one. Condominiums are governed by the Condominium Act (RPL Article 9-B), cooperatives by the Business Corporation Law and a proprietary lease, and traditional homeowners associations by their recorded declaration plus the Not-for-Profit Corporation Law. Which applies to you depends on your community's structure — a question for a licensed New York attorney.
Can a New York condo or HOA foreclose on my home?
A condominium's common-charge lien can be foreclosed under RPL § 339-aa like a mortgage, but it is subordinate to a first mortgage of record (RPL § 339-z), and for actions commenced on or after October 16, 2025, § 339-aa requires the board to give the unit owner at least 90 days' notice before the foreclosure starts. For a non-condo HOA, the ability to lien or foreclose depends on what the recorded declaration grants; some associations can only seek a money judgment. Where an incorporated HOA's documents permit foreclosure, RPAPL § 2010 requires a similar 90-day notice to the owner. A licensed New York attorney can explain what applies in a specific case.
How do New York courts review a board's decision?
In Levandusky v. One Fifth Avenue Apartment Corp. (1990), a co-op case, the Court of Appeals adopted the business judgment rule: courts will not substitute their judgment for a board that acts for the purposes of the cooperative, within the scope of its authority and in good faith, but a challenger may show the action has no legitimate relationship to the cooperative's welfare, singles out individuals for harmful treatment, was taken without notice or consideration of the relevant facts, or exceeds the board's authority. How that applies to a specific dispute is a question for a licensed New York attorney.
Sources
- N.Y. Real Property Law § 339-w — Records (Condominium Act)
- 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
- N.Y. Not-for-Profit Corporation Law § 621 — Books and records; right of inspection
- N.Y. Not-for-Profit Corporation Law § 605 — Notice of meetings
- Levandusky v. One Fifth Avenue Apartment Corp., 75 N.Y.2d 530 (1990)