New York §339-z

Lien for common charges; priority; exoneration of grantor and grantee

Statute:
New York §339-z · Law RPP (Real Property Law)
Topic:
Assessments & Finance · Lien priority
Applies to:
Condo associations

The board has a lien on each unit for unpaid common charges, prior to all other liens except taxes, first mortgages of record, and certain subordinate mortgages held by NY housing agencies. Grantors and grantees are exonerated for amounts above what is stated in the manager's statement.

lien; common charges; priority; first mortgage; foreclosure; safe harbor

📄 Read the official text at nysenate.gov →

Full statutory text
§ 339-z. Lien for common charges; priority; exoneration of grantor and grantee. The 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 on the unit in favor of any assessing unit, school district, special district, county or other taxing unit, (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 New York state urban development corporation, the division of housing and community renewal, the housing trust fund corporation, the New York city housing development corporation, or in a city having a population of one million or more, the department of housing, preservation and development. Upon the sale or conveyance of a unit, such unpaid common charges shall be paid out of the sale proceeds or by the grantee. Any grantor or grantee of a unit shall be entitled to a statement from the manager or board of managers, setting forth the amount of the unpaid common charges accrued against the unit, and neither such grantor nor grantee shall be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid common charges against such unit accrued prior to such conveyance in excess of the amount therein set forth. Notwithstanding the above, the declaration of an exclusive non-residential condominium may provide that the lien for common charges will be superior to any mortgage liens of record.

How SoShiny helps with Lien for common charges; priority; exoneration of grantor and grantee

SoShiny calculates per-unit assessments automatically from ownership percentages and tracks payment status against every levy. The unit-level ledger is the audit trail your CPA, attorney, and the board need when an owner disputes a charge.

See the feature → Start free

Related sections in Law RPP

Frequently asked

What does New York §339-z require?
The board has a lien on each unit for unpaid common charges, prior to all other liens except taxes, first mortgages of record, and certain subordinate mortgages held by NY housing agencies. Grantors and grantees are exonerated for amounts above what is stated in the manager's statement.
Who does New York §339-z apply to?
New York §339-z applies to Condo associations in New York.
What happens if our condo or HOA doesn't comply with §339-z?
Non-compliance with this New York statute can expose the association and its officers to private civil suit, and (for offering-plan / sponsor matters under GBS) to enforcement action by the New York Attorney General's Real Estate Finance Bureau. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
Where can I read the official text of New York §339-z?
The official text is published by the New York State Legislature at nysenate.gov. The summary on this page is for plain-English reference only and is not legal advice.
How does SoShiny help with Lien for common charges; priority; exoneration of grantor and grantee?
SoShiny calculates per-unit assessments automatically from ownership percentages and tracks payment status against every levy. The unit-level ledger is the audit trail your CPA, attorney, and the board need when an owner disputes a charge. Learn more →

Not legal advice. This page is a plain-English summary of New York §339-z prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a New York-licensed attorney. For the official statutory text, see the link above.

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