§ 339-Z — Lien for common charges; priority; exoneration of grantor and grantee

New York § 339-Z

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9-B: Condominium Act

Text

§ 339-z. Lien for common charges; priority; exoneration of grantor and\ngrantee. The board of managers, on behalf of the unit owners, shall have\na lien on each unit for the unpaid common charges thereof, together with\ninterest thereon, prior to all other liens except only (i) liens for\ntaxes on the unit in favor of any assessing unit, school district,\nspecial district, county or other taxing unit, (ii) all sums unpaid on a\nfirst mortgage of record, and (iii) all sums unpaid on a subordinate\nmortgage of record held by the New York job development authority, the\nNew York state urban development corporation, the division of housing\nand community renewal, the housing trust fund corporation, the New York\ncity housing development corporation, or in a city having a population\nof one million or more, the department of housing, preservation and\ndevelopment. Upon the sale or conveyance of a unit, such unpaid common\ncharges shall be paid out of the sale proceeds or by the grantee. Any\ngrantor or grantee of a unit shall be entitled to a statement from the\nmanager or board of managers, setting forth the amount of the unpaid\ncommon charges accrued against the unit, and neither such grantor nor\ngrantee shall be liable for, nor shall the unit conveyed be subject to a\nlien for, any unpaid common charges against such unit accrued prior to\nsuch conveyance in excess of the amount therein set forth.\nNotwithstanding the above, the declaration of an exclusive\nnon-residential condominium may provide that the lien for common charges\nwill be superior to any mortgage liens of record.\n