Section 339-Z. Lien for common charges; priority; exoneration of grantor and grantee  


Latest version.
  • 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.