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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102380
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Im trying to learn whether a condo HOA in New York City is

Customer Question

Im trying to learn whether a condo HOA in New York City is obliged to notify a unit owner whom it considers delinquent in payment of dues, upon imposing a lien on the owner's property. Also trying to learn whether HOA is obliged to provide notice before proceeding to foreclose on the unit.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
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I am very sorry about this situation.
1) NO, the Association is not mandated to alert the owner about past dues unless this is specifically written in the bylaws, covenants, or declarations. Often, it is not.
2) NO, the Association does not have to alert the owner about placing a lien for said past due bill prior to doing so, although most would and do, seeking to work out a solution prior to doing so. However, if your Association has a property management company, or, if the Association is run by mean people, they can do this out of not caring or out of spite and not give notice prior to the lien.
3) However, there is statutory obligation to give notice prior to any foreclosure under N.Y. Real Prop. Law. They cannot initiate a foreclosure without notice to the owner.
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