N.Y. Real Property Law § 339-aa: Lien for common charges; duration; foreclosure

§ 339-aa. Lien for common charges; duration; foreclosure. The lien

provided for in section three hundred thirty-nine-z of this article

shall be effective from and after the filing in the office of the

recording officer in which the declaration is filed a verified notice of

lien stating the name (if any) and address of the property, the liber

and page of record of the declaration, the name of the record owner of

the unit, the unit designation, the amount and purpose for which due,

and the date when due; and shall continue in effect until all sums

secured thereby, with the interest thereon, shall have been fully paid

or until expiration six years from the date of filing, whichever occurs

sooner. In the event that unpaid common charges are due, any member of

the board of managers may file a notice of lien as described herein if

no notice of lien has been filed within sixty days after the unpaid

charges are due. Upon such payment the unit owner shall be entitled to

an instrument duly executed and acknowledged certifying to the fact of

payment. Such lien may be foreclosed by suit authorized by and brought

in the name of the board of managers, acting on behalf of the unit

owners, in like manner as a mortgage of real property pursuant to

article thirteen of the real property actions and proceedings law,

without the necessity, however, of naming as a party defendant any

person solely by reason of his owning a common interest with respect to

the property. 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. Such 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. In any such foreclosure the unit owner shall be

required to pay a reasonable rental for the unit for any period prior to

sale pursuant to judgment of foreclosure and sale, if so provided in the

by-laws, and the plaintiff in such foreclosure shall be entitled to the

appointment of a receiver to collect the same. The board of managers,

acting on behalf of the unit owners, shall have power, unless prohibited

by the by-laws, to bid in the unit at foreclosure sale, and to acquire

and hold, lease, mortgage and convey the same. Suit to recover a money

judgment for unpaid common charges shall be maintainable without

foreclosing or waiving the lien securing the same, and foreclosure shall

be maintainable notwithstanding the pendency of suit to recover a money

judgment.

Notwithstanding any other provision of this article, if a municipal

corporation acquires title to a unit as a result of tax enforcement

proceedings, such municipal corporation shall not be liable for and

shall not be subject to suit for recovery of the common charges

applicable to such unit during the period while title to such unit is

held by the municipal corporation or for the payment of any rental for

the unit under the provisions of this section, except to the extent of

any rent arising from such unit received by such municipal corporation

during such period.

Except as herein specifically provided, nothing contained herein shall

affect or impair or release the unit from the lien for such common

charges or impair or diminish the rights of the manager or the board of

managers on behalf of the unit owners under this section and section

three hundred thirty-nine-z.