N.Y. Real Property Law § 339-z: Lien for common charges; priority; exoneration of grantor and grantee

§ 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.