Bill Text: NY A01936 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides priority for certain liens for unpaid condominium common charges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A01936 Detail]

Download: New_York-2019-A01936-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1936
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 18, 2019
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Housing
        AN ACT to amend the real property law, in relation to providing priority
          for certain liens for unpaid condominium common charges
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 339-z of the real property law, as amended by chap-
     2  ter 475 of the laws of 2004, is amended to read as follows:
     3    § 339-z. Lien for common charges; priority; exoneration of grantor and
     4  grantee. The board of managers, on behalf of the unit owners, shall have
     5  a lien on each unit for the unpaid common charges thereof, together with
     6  interest  thereon,  prior  to  all other liens except only (i) liens for
     7  taxes on the unit in favor  of  any  assessing  unit,  school  district,
     8  special district, county or other taxing unit, (ii) all sums unpaid on a
     9  first  mortgage  of  record,  and (iii) all sums unpaid on a subordinate
    10  mortgage of record held by the New York job development  authority,  the
    11  New  York  state  urban development corporation, the division of housing
    12  and community renewal, the housing trust fund corporation, the New  York
    13  city  housing  development corporation, or in a city having a population
    14  of one million or more, the  department  of  housing,  preservation  and
    15  development.  Notwithstanding  the  foregoing,  the lien is prior to all
    16  sums described in clauses (ii) and (iii) of this section in an amount up
    17  to six months of unpaid common charges excluding any  interest  or  fees
    18  assessed  by  the  board  of  managers. Upon the sale or conveyance of a
    19  unit, such unpaid common charges shall be paid out of the sale  proceeds
    20  or by the grantee. Any grantor or grantee of a unit shall be entitled to
    21  a  statement  from  the  manager or board of managers, setting forth the
    22  amount of the unpaid  common  charges  accrued  against  the  unit,  and
    23  neither such grantor nor grantee shall be liable for, nor shall the unit
    24  conveyed  be  subject  to  a lien for, any unpaid common charges against
    25  such unit accrued prior to such conveyance in excess of the amount ther-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06170-01-9
        A. 1936                             2
     1  ein set forth.  Notwithstanding the above, the declaration of an  exclu-
     2  sive  non-residential  condominium  may provide that the lien for common
     3  charges will be superior to any mortgage liens of record.
     4    § 2. This act shall take effect immediately.