Condo Lien for Unpaid Common Charges
File a Condo Lien for Unpaid Common Charges
Can Condominium Boards and Homeowners Associations
File a Mechanic's Lien for Non-Payment?
What is a Lien for Unpaid Common Charges otherwise known as Condo Lien? The New York Condominium Act grants Condo Boards or Homeowner's Association (HOA) the ability to file a Condo Lien for unpaid common charges & unpaid assessment.
Filing a Condo Lien is the same instrument as a Mechanic's Lien filed against a title of a property. You will have a legal interest attached to the title of the property, specifically the unit in question.
Condominium board of managers and homeowners associations have the right to file a Condo Lien.
Charges including unpaid assessments, attorney’s fees and costs, fines and various other charges, as well as interest.
The Condominium Board or HOA, may assess Unit Owners a late charge of $150 per month for Common Charges which remain unpaid for more than 10 days after the date when due, and interest at the highest rate permitted by Law (not to exceed 16% per annum)(less any "late charges" theretofore collected), plus all expenses of collection, including but not limited to attorneys' fees, costs and disbursements.
Read more about Collection and Lien for Non-Payment under the provisions of Section 339-z of the New York Real Property Law and the By-Laws of the condominium.
- The unit owner
- If there are any additional parties associated with the title, they should be put on Notice of the Lien Claim.
In New York, a Condo Lien lasts for six years from the date of filing or until the designated unpaid charges are fully paid (with interest).
When the condominium unit owner has fully paid their unpaid charges, they must be provided certification as to their completed payment.
Click here to start the process to Satisfy your Lien.
Within the six-year deadline from filing the Lien, the Condo Board or HOA, may initiate a foreclosure proceeding on the unit in question. The process is similar to a foreclosure proceeding brought by a mortgagee for non-payment.
We are owed money, now what?
For additional information, please click Lien Law by State to learn about your state’s Lien Laws. If you have any additional questions, please call Speedy Lien to learn more about your Lien rights.
We are not a law firm and our employees are not acting as your attorney. The information contained in the Site is general legal information and should not be construed as legal advice to be applied to any specific factual situation.