2010 New York Code
RPP - Real Property
Article 9-B - (339-D - 339-KK) Condominium Act
339-AA - Lien for common charges; duration; foreclosure.

§  339-aa.  Lien  for  common charges; duration; foreclosure. The lien
  provided for in the immediately preceding  section  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, 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. 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.

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