How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
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.
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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:
(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.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.