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N.Y. Real Prop. Law § 339-aa

Lien for common charges; duration; judicial foreclosure

assessmentsliensjudicial-foreclosurecollectionnotice

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Plain-English summary

Sets when the common-charge lien takes effect (on filing a verified notice of lien) and its six-year duration, and provides that the lien may be foreclosed by suit brought in the name of the board of managers in like manner as a mortgage of real property under article thirteen of the real property actions and proceedings law (judicial foreclosure), with at least 90 days' prior notice to the owner.

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Statutory text

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§ 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.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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