New York HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

N.Y. Real Prop. Law §339-kk

Condominium Act — Rents →

The rent-diversion section (NOT a resale-disclosure statute): when a non-occupying owner rents out a unit and falls 60 days past any grace period on common …

N.Y. Real Prop. Law §339-z

Condominium Act — Lien for Common Charges; Priority →

The common-charges lien. The board holds a lien on each unit for unpaid common charges with interest — but unlike Connecticut or Florida, New York …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

N.Y. Bus. Corp. Law §605

BCL — Notice of Meetings of Shareholders →

Shareholder meeting notice for corporations — including housing cooperatives, whose annual and special shareholder meetings run under the Business Corporation Law rather than the Condominium …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

N.Y. Real Prop. Law §339-v

Condominium Act — Contents of By-laws →

The by-laws requirements section — where New York puts the board-of-managers machinery. The by-laws must provide for the nomination and election of a board of …

Records Access and Inspection Compare across states →

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

N.Y. Bus. Corp. Law §624

BCL — Books and Records; Right of Inspection →

The corporate records-inspection section that governs housing cooperatives. On at least five days' written demand, a shareholder may examine the minutes of shareholder proceedings and …

N.Y. Real Prop. Law §339-w

Condominium Act — Books of Receipts and Expenditures →

The condominium records section. The manager or board must keep detailed, accurate, chronological records of receipts and expenditures, with the authorizing vouchers, available for examination …

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

N.Y. Real Prop. Law §339-j

Condominium Act — Compliance with By-laws and Rules →

The compliance-and-enforcement section: every unit owner must comply strictly with the by-laws and the rules, regulations, resolutions, and decisions adopted under them. The board of …

N.Y. Real Prop. Law §339-z

Condominium Act — Lien for Common Charges; Priority →

The common-charges lien. The board holds a lien on each unit for unpaid common charges with interest — but unlike Connecticut or Florida, New York …

Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

N.Y. Real Prop. Law §339-kk

Condominium Act — Rents →

The rent-diversion section (NOT a resale-disclosure statute): when a non-occupying owner rents out a unit and falls 60 days past any grace period on common …

N.Y. Real Prop. Law §339-z

Condominium Act — Lien for Common Charges; Priority →

The common-charges lien. The board holds a lien on each unit for unpaid common charges with interest — but unlike Connecticut or Florida, New York …

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

N.Y. Bus. Corp. Law §717

BCL — Duty of Directors →

The director-duty standard for corporations, including housing cooperative boards: good faith and the care an ordinarily prudent person in a like position would use under …

N.Y. Real Prop. Law §339-j

Condominium Act — Compliance with By-laws and Rules →

The compliance-and-enforcement section: every unit owner must comply strictly with the by-laws and the rules, regulations, resolutions, and decisions adopted under them. The board of …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

N.Y. Bus. Corp. Law §501

BCL — Authorized Shares; Co-op Equal-Treatment Proviso →

The share-equality section of the Business Corporation Law, which governs housing cooperatives (co-op residents are shareholders holding proprietary leases, not real-property owners). Every share of …

N.Y. Gen. Bus. Law §352-e

Martin Act — Real Estate Syndication Offerings →

The Martin Act offering-plan section (official heading: "Real estate syndication offerings"). Publicly offering or selling participation interests in real estate — expressly including cooperative interests …

N.Y. Real Prop. Law §339-d

Condominium Act — Short Title →

The short-title section of Article 9-B of the Real Property Law, cited as the "condominium act" — the statute governing New York condominiums. Definitions follow …

N.Y. Real Prop. Law §339-j

Condominium Act — Compliance with By-laws and Rules →

The compliance-and-enforcement section: every unit owner must comply strictly with the by-laws and the rules, regulations, resolutions, and decisions adopted under them. The board of …

N.Y. Real Prop. Law §339-v

Condominium Act — Contents of By-laws →

The by-laws requirements section — where New York puts the board-of-managers machinery. The by-laws must provide for the nomination and election of a board of …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

N.Y. Real Prop. Law §339-aa

Condominium Act — Lien Duration; Foreclosure →

Perfection and enforcement of the §339-z lien. The lien takes effect on filing a verified notice of lien with the recording officer and lasts until …

N.Y. Real Prop. Law §339-z

Condominium Act — Lien for Common Charges; Priority →

The common-charges lien. The board holds a lien on each unit for unpaid common charges with interest — but unlike Connecticut or Florida, New York …

Collections & Delinquency Compare across states →

Delinquency management beyond lien filing. FDCPA compliance, payment plans, write-off procedures, credit bureau reporting, and third-party collection agency restrictions. Distinct from "Foreclosure and Liens" which covers the lien-to-foreclosure path.

N.Y. Real Prop. Law §339-aa

Condominium Act — Lien Duration; Foreclosure →

Perfection and enforcement of the §339-z lien. The lien takes effect on filing a verified notice of lien with the recording officer and lasts until …

N.Y. Real Prop. Law §339-kk

Condominium Act — Rents →

The rent-diversion section (NOT a resale-disclosure statute): when a non-occupying owner rents out a unit and falls 60 days past any grace period on common …

Developer Transition Compare across states →

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

N.Y. Gen. Bus. Law §352-eeee

Martin Act — Conversions to Co-op or Condo Ownership (NYC) →

The New York City conversion statute: converting a rental building to cooperative or condominium ownership requires an offering plan filed under §352-e, and the Attorney …

HOA/CIC Registration Compare across states →

State requirements for community association registration, annual reporting, and regulatory filing. Which state agency oversees HOAs, what information must be filed, filing fees, and consequences of non-registration.

N.Y. Gen. Bus. Law §352-e

Martin Act — Real Estate Syndication Offerings →

The Martin Act offering-plan section (official heading: "Real estate syndication offerings"). Publicly offering or selling participation interests in real estate — expressly including cooperative interests …

Rental & Leasing Restrictions Compare across states →

Association authority to restrict or regulate unit rentals. Rental caps, lease term minimums, tenant screening, short-term rental prohibitions, and statutory limitations on the enforcement of rental restrictions.

N.Y. Real Prop. Law §339-kk

Condominium Act — Rents →

The rent-diversion section (NOT a resale-disclosure statute): when a non-occupying owner rents out a unit and falls 60 days past any grace period on common …

Cooperative Housing Compare across states →

Governance, transfer, and financial requirements specific to housing cooperatives. Share transfer restrictions, proprietary lease terms, flip tax provisions, subletting rules, board approval of purchasers, and cooperative conversion procedures.

N.Y. Bus. Corp. Law §501

BCL — Authorized Shares; Co-op Equal-Treatment Proviso →

The share-equality section of the Business Corporation Law, which governs housing cooperatives (co-op residents are shareholders holding proprietary leases, not real-property owners). Every share of …

N.Y. Bus. Corp. Law §605

BCL — Notice of Meetings of Shareholders →

Shareholder meeting notice for corporations — including housing cooperatives, whose annual and special shareholder meetings run under the Business Corporation Law rather than the Condominium …

N.Y. Bus. Corp. Law §624

BCL — Books and Records; Right of Inspection →

The corporate records-inspection section that governs housing cooperatives. On at least five days' written demand, a shareholder may examine the minutes of shareholder proceedings and …

N.Y. Bus. Corp. Law §717

BCL — Duty of Directors →

The director-duty standard for corporations, including housing cooperative boards: good faith and the care an ordinarily prudent person in a like position would use under …

N.Y. Gen. Bus. Law §352-e

Martin Act — Real Estate Syndication Offerings →

The Martin Act offering-plan section (official heading: "Real estate syndication offerings"). Publicly offering or selling participation interests in real estate — expressly including cooperative interests …

N.Y. Gen. Bus. Law §352-eeee

Martin Act — Conversions to Co-op or Condo Ownership (NYC) →

The New York City conversion statute: converting a rental building to cooperative or condominium ownership requires an offering plan filed under §352-e, and the Attorney …

Legal Facts by Category
Unlike most states, a New York condo lien must be FILED to take effect — and it expires after six years if not enforced. N.Y. Real Prop. Law §339-aa
If a landlord-owner stops paying common charges, the building can collect the tenant's rent directly until the arrears clear. N.Y. Real Prop. Law §339-kk (c)
The tenant cannot be evicted for paying the building instead of the delinquent landlord — the statute makes that payment bulletproof. N.Y. Real Prop. Law §339-kk (e)
In a New York condo foreclosure the bank's first mortgage gets paid before the building's lien — there is no carve-out of months of charges like Connecticut's or Florida's. N.Y. Real Prop. Law §339-z
Turning a rental building into a co-op or condo in NYC runs through the Attorney General's Martin Act filing process. N.Y. Gen. Bus. Law §352-eeee 1(a)
A conversion plan that skips the tenant protections does not get filed — the Attorney General is required to refuse it. N.Y. Gen. Bus. Law §352-eeee 2
Before closing, buyer or seller can demand a payoff statement from the condo board — and the number on that statement is binding. It is the nearest thing New York has to an estoppel letter. N.Y. Real Prop. Law §339-z
Developers cannot sell New York condos or co-op shares to the public until the Attorney General has an offering plan on file. N.Y. Gen. Bus. Law §352-e 1(a)
A condo owner gets a 90-day large-print warning — with the exact payoff amount — before the building can start foreclosure. N.Y. Real Prop. Law §339-aa
A chronic rule-breaker can be made to post a bond guaranteeing future compliance. N.Y. Real Prop. Law §339-j
By-law compliance in a New York condo is a legal duty the board — or even a neighbor — can enforce in court. N.Y. Real Prop. Law §339-j
Co-op flip taxes are legal in New York — as long as they are written into the proprietary lease, occupancy agreement, or offering plan (or a properly approved amendment). N.Y. Bus. Corp. Law §501 (c)
New York condos live under Article 9-B of the Real Property Law. Co-ops are a different legal animal — corporations under the Business Corporation Law. N.Y. Real Prop. Law §339-d
New York condo boards are elected under the by-laws with staggered terms — at least a third of the seats turn over every year. N.Y. Real Prop. Law §339-v 1(a)
Co-op annual meeting notices follow the corporate rule — at least ten days, at most sixty. N.Y. Bus. Corp. Law §605 (a)
Co-op board members are held to the corporate standard — good faith plus ordinary prudence. N.Y. Bus. Corp. Law §717 (a)
Owners can inspect the building's books and the vouchers behind every payment during weekday hours. N.Y. Real Prop. Law §339-w
Every owner gets a written financial summary at least once a year. N.Y. Real Prop. Law §339-w
A co-op shareholder can see the shareholder minutes and the share register five days after asking in writing. N.Y. Bus. Corp. Law §624 (b)
Every co-op shareholder is entitled to the corporation's annual balance sheet and P&L on request. N.Y. Bus. Corp. Law §624 (e)
Legal references last verified July 8, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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