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Im trying to learn whether a condo HOA in New York City is…

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Im trying to learn whether...
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: 3 years ago.Category: Real Estate Law
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5/27/2015
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,584
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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