Section 339-AA. Lien for common charges; duration; foreclosure  


Latest version.
  • 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.