New York HOA laws

New York HOA and Condo Laws, in Plain English

New York has one statute that govern community associations: Condominium Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

New York

NY
Condominium Act
Resale documentResale Package
Fee capNo fixed dollar cap
DeadlineNone set by statute
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

RPL Article 9-B (Condominium Act)

Condominiums

The New York Condominium Act (Real Property Law Article 9-B) is the state's primary statute governing condominiums, covering their creation through a recorded declaration and bylaws, unit ownership and common elements, the unit owners' association and its governance, and common charge assessments together with the association's lien for unpaid charges. It also addresses association records and owner rights, but it does not impose a comprehensive resale disclosure or certificate requirement beyond a statement of unpaid common charges due on a unit. New York has no comparable act for homeowners associations or housing cooperatives; those are instead governed by general not-for-profit or business corporation law together with each community's recorded declaration, bylaws, or proprietary lease.

  • RPL 339-z (Lien for Common Charges)

    This section gives a condominium's board of managers a lien on a unit for its unpaid common charges and entitles a grantor or grantee of a unit to a statement from the manager or board setting out the common charges unpaid against that unit, serving as the association's payoff or estoppel statement on a sale. It also limits the seller's and buyer's liability for common charges that accrued before the sale to the amount shown in that statement.

    Official text
Read RPL Article 9-B on the state's site

When a Home Sells in New York

No New York statute requires resale package, but lenders and title companies ask for one. Associations furnish it under their governing documents.

What New York calls the resale document
Resale Package
Fee cap
No fixed dollar cap
Delivery deadline
None set by statute
Buyer's right to cancel
No statutory right tied to this document

For a condominium, any grantor or grantee of a unit is entitled to a statement from the manager or board of managers setting forth the amount of the unpaid common charges accrued against the unit; neither is liable for, nor is the unit subject to a lien for, unpaid common charges accrued before the conveyance in excess of the amount stated, and on a sale those charges are paid out of the sale proceeds or by the grantee (Real Property Law 339-z).

The full New York resale rules, who pays, and how to order are on the New York resale package page. Every state's cap and deadline sit side by side in the fee and deadline table.

New York HOA Law Questions

Which law governs condominiums in New York?

RPL Article 9-B (Condominium Act). The New York Condominium Act (Real Property Law Article 9-B) is the state's primary statute governing condominiums, covering their creation through a recorded declaration and bylaws, unit ownership and common elements, the unit owners' association and its governance, and common charge assessments together with the association's lien for unpaid charges.

Does New York cap the fee for a resale certificate?

No. New York sets no dollar cap on resale package, so the association or its management company sets the fee under the governing documents.

How long does a New York association have to deliver resale package?

New York sets no statutory deadline. The closing date sets the pace.

Where can I read the New York statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

New Jersey HOA laws

Resale fee: no fixed dollar cap · 10 days

Connecticut HOA laws

Resale fee: $185 · 10 business days

Pennsylvania HOA laws

Resale fee: no fixed dollar cap · 10 days

Massachusetts HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a New York community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

Get Started FreeSee the Homeowner Portal