What’s Happened?
On October 16, 2025, New York Governor Kathy Hochul signed a new law based on Assembly Bill A3470 (companion Senate Bill S7413).
Who is Affected?
The new law now imposes a 90-day pre-foreclosure notice requirement on New York condominium boards and incorporated homeowners’ associations (HOAs) seeking to foreclose liens for unpaid common charges, assessments, fees, or fines.
What is the Purpose of the Law?
The purpose of the law is similar to Real Property Actions and Proceedings Law (RPAPL) § 1304, which provides for 90-day pre-foreclosure notices to residential mortgagors. This aims to improve communication between the parties and create an opportunity to find a resolution and avoid foreclosure if possible.
Timing
The new law takes effect immediately and applies to actions commenced on and after the effective date (October 16, 2025).
What’s Changed?
The new law amends New York Real Property Law (RPL) § 339-aa pertaining to condominiums. It also creates a new section, RPAPL Article 20-A § 2010, imposing parallel obligations on incorporated HOAs.
What to Do
Before proceeding with a foreclosure action:
- A condominium board or incorporated HOA must now send written notice at least 90 days in advance to the owner at the property address and any other address of record.
- The notice font must be in 14-point type.
- The notice’s contents must:
- state that the condo board/HOA intends to file an action to foreclose the lien;
- identify the property address; and
- state the specific amount due.
Unlike RPAPL 1304, however, the new law does not contain the exact verbiage that must be used in the notice.
Key Takeaways
- Condo boards and HOAs in New York should immediately update their foreclosure procedures to comply with the new notice requirements.
- Failure to do so may delay or jeopardize the ability to foreclose in New York.
source: hinshawlaw.com
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