New York HOA Laws 2026: Condominium Act & Planned Community Rules (NY Real Prop. Law § 339-D)

New York's HOA landscape is dominated by condominiums and co-operatives (co-ops), rather than single-family planned communities. The New York Condominium Act (Real Property Law §§ 339-D through 339-kk) governs condominiums, while co-ops are governed under Business Corporation Law. Single-family HOA subdivisions rely on their CC&Rs and New York Not-for-Profit Corporation Law.

New York Condominium Act: Key Provisions

The NY Condominium Act provides the framework for condo declarations (the "offering plan"), the board of managers, and unit owner rights. Unit owners have the right to inspect board records, attend annual meetings, and vote on major decisions. The Act requires the board to adopt an annual budget and provide financial statements to owners.

Co-ops vs. Condos: A Critical Distinction

New York has more co-op housing than any other state. Co-op residents do not own their units — they own shares in a corporation that owns the building. Co-ops are governed under Business Corporation Law, not the Condominium Act. Co-op boards have significantly more discretion than condo boards, including the right to reject prospective purchasers (within the limits of fair housing law).

Assessment Liens in New York

New York condominiums have a statutory lien for unpaid common charges (Real Property Law § 339-z). The lien must be recorded in the county clerk's office. New York allows judicial foreclosure of condominium liens. Notably, New York grants a 6-month super-lien for condominium common charges with priority over first mortgages, similar to Massachusetts and Minnesota.

Resale Disclosure Requirements

New York condo boards must provide a resale package (often called a "board package" or "closing package") that includes financial statements, building budgets, house rules, and any outstanding violations. Unlike Texas and Florida, New York does not have a strict statutory deadline for providing the package — timing is typically set by the bylaws or closing contract.

Planned Community HOAs in New York

Single-family HOA communities in New York operate under their CC&Rs and New York Not-for-Profit Corporation Law. There is no New York Planned Community Act. These communities are comparatively less regulated than New York condominiums.