Not legal advice
This guide is general information for New York community associations, based on the cited statutes as of the last-reviewed date. It is not legal advice — statutes change and your recorded declaration and bylaws control the specifics. Consult a licensed New York attorney for your situation.
Which statutes govern New York associations
Condominium associations are governed by the New York Condominium Act, Real Property Law Article 9-B (§§339-d through 339-kk). It establishes the framework for the board of managers, common charges, the assessment lien, and resale obligations. Day-to-day governance — meetings, elections, fines — comes primarily from the declaration and bylaws, supplemented by the Business Corporation Law or Not-for-Profit Corporation Law depending on how the board is organized.
New York has no comprehensive HOA statute for non-condominium homeowners' associations. They are governed by their recorded declarations and bylaws plus, when incorporated, the Not-for-Profit Corporation Law (N-PCL). Under N-PCL §621, members have the right on written demand to examine minutes of member proceedings and the membership list; directors owe the good-faith standard of care in §717. The creation and initial sale of units is regulated by the Attorney General through offering plans under the Martin Act (General Business Law §352-e).
Records, governance, and the Martin Act
The board of managers of a condominium must keep detailed records of receipts and expenditures; unit owners may examine them at convenient hours (N.Y. Real Prop. Law §339-w). For non-condominium HOAs incorporated as nonprofits, N-PCL §621 gives members the right on written demand to examine minutes of member proceedings and the membership list; financial reporting duties arise under N-PCL §519.
New York's Martin Act (Gen. Bus. Law §352-e) requires the Attorney General to review and accept for filing offering plans before units in a condominium or planned development are offered for sale. The offering plan is a disclosure document — not an ongoing governance statute — but it establishes the rights and obligations that owners inherit, making it a foundational document alongside the declaration.
Common charges and assessment liens
In a condominium, unpaid common charges become a lien on the unit once a verified notice of lien is filed in the county clerk's office (N.Y. Real Prop. Law §339-aa). The lien is enforceable by foreclosure in the manner of a mortgage; the board may also sue for a money judgment without foreclosing (§339-z prescribes lien priority rules).
For non-condominium HOAs, assessment collection and covenant enforcement proceed under the recorded declaration and general property and contract law. New York does not provide a statutory assessment lien for non-condominium associations absent express authority in the recorded declaration; enforcement typically requires a judgment and money-judgment lien.
Common questions about New York HOA law
Is there a comprehensive New York HOA statute?
Not for non-condominium HOAs. They are governed by their recorded declarations and bylaws plus the Not-for-Profit Corporation Law. Condominiums are governed by Real Property Law Article 9-B (the Condominium Act).
How does a New York condominium assessment lien work?
Unpaid common charges become a lien on the unit once a verified notice of lien is filed (N.Y. Real Prop. Law §339-aa), foreclosable in the manner of a mortgage. The board may also pursue a money judgment separately (§339-z).
Do New York condo unit owners have a right to inspect association records?
Yes. The board of managers must keep detailed records of receipts and expenditures that unit owners may examine at convenient hours (N.Y. Real Prop. Law §339-w). For non-condo HOAs, N-PCL §621 gives members the right to examine minutes and the membership list on written demand.
What is the Martin Act's role in New York community associations?
The Martin Act (Gen. Bus. Law §352-e) requires the Attorney General to review offering plans before units are offered for sale in a condominium or planned development. The offering plan is the foundational disclosure document establishing owner rights alongside the declaration.