Legislation

§ 339-aa. Lien for common charges; duration; foreclosure. The lien
provided for in section three hundred thirty-nine-z of this article
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 pursuant to
article thirteen of the real property actions and proceedings law,
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. The board of managers shall be required to provide notice
to the unit owner at least ninety days prior to the commencement of a
foreclosure proceeding at the property address and any other address of
record. Such notice shall be in fourteen-point type and shall inform the
owner that the board intends to file an action for foreclosure to
enforce the lien and shall state the address of the property and the
specific amount due. 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.