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New York Ch. 339-d-339-kk
New York Condominium Act (N.Y. Real Property Law, Article 9-B, §§ 339-d to 339-kk)New York's condominium statute. Governs property submitted to the article by a recorded declaration, the units and common elements, the board of managers and by-laws, allocation of common charges and expenses by common interest, the board's lien for unpaid common charges and its judicial foreclosure in like manner as a real-property mortgage, records, and compliance with the by-laws. New York has no dedicated homeowners-association act; non-condominium associations run on the Not-for-Profit Corporation Law and recorded covenants.Official source
§ 339-d
Names the article: it shall be known and may be cited as the condominium act.
§ 339-e
Defines the terms used throughout the Condominium Act, including building, common charges, common elements, common expenses, common interest, declaration, unit, and unit owner.
§ 339-i
Gives each unit a permanent appurtenant common interest expressed in the declaration, sets the methods for calculating that interest, keeps the common elements undivided, and grants the board an irrevocable right of access to each unit for operation and emergency repairs.
§ 339-j
Requires each unit owner to comply strictly with the by-laws and the rules, regulations, resolutions, and decisions adopted under them. Noncompliance is ground for an action to recover sums due, for damages, or for injunctive relief by the board or an aggrieved unit owner.
§ 339-m
Distributes common profits among, and charges common expenses to, the unit owners according to their respective common interests, with specified exceptions allowing special allocation for non-residential units and for income-restricted units subject to a regulatory agreement.
§ 339-u
Requires the operation of the property to be governed by by-laws annexed to the declaration, and provides that no modification or amendment of the by-laws is valid unless set forth in a duly recorded amendment to the declaration.
§ 339-v
Sets what the by-laws must provide, including election and powers of the board of managers (with at least one-third of terms expiring annually), meeting and quorum methods, officers, collection of common charges, use restrictions, and the percentage (at least 66 2/3 percent) required to amend the by-laws.
§ 339-w
Requires the manager or board of managers to keep detailed, accurate, chronological records of receipts and expenditures, make those records and the supporting vouchers available for examination by unit owners at convenient hours, and render an annual written summary to all unit owners.
§ 339-z
Gives the board of managers a lien on each unit for unpaid common charges plus interest, prior to all other liens except tax liens, sums unpaid on a first mortgage of record, and certain subordinate public-agency mortgages. Provides for a statement of unpaid charges and limits a grantor's and grantee's liability to the stated amount.
§ 339-aa
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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