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This entry was published on 2014-09-22
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Lien for common charges; priority; exoneration of grantor and grantee
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-z. Lien for common charges; priority; exoneration of grantor and
grantee. The board of managers, on behalf of the unit owners, shall have
a lien on each unit for the unpaid common charges thereof, together with
interest thereon, prior to all other liens except only (i) liens for
taxes on the unit in favor of any assessing unit, school district,
special district, county or other taxing unit, (ii) all sums unpaid on a
first mortgage of record, and (iii) all sums unpaid on a subordinate
mortgage of record held by the New York job development authority, the
New York state urban development corporation, the division of housing
and community renewal, the housing trust fund corporation, the New York
city housing development corporation, or in a city having a population
of one million or more, the department of housing, preservation and
development. Upon the sale or conveyance of a unit, such unpaid common
charges shall be paid out of the sale proceeds or by the grantee. Any
grantor or grantee of a unit shall be entitled to a statement from the
manager or board of managers, setting forth the amount of the unpaid
common charges accrued against the unit, and neither such grantor nor
grantee shall be liable for, nor shall the unit conveyed be subject to a
lien for, any unpaid common charges against such unit accrued prior to
such conveyance in excess of the amount therein set forth.
Notwithstanding the above, the declaration of an exclusive
non-residential condominium may provide that the lien for common charges
will be superior to any mortgage liens of record.