Karen owns a condominium unit and has not paid common charges for six months. The association wants to place a lien on her unit. Under New York law, what is the association's lien priority compared to Karen's existing first mortgage?
Correct Answer
D) The association's lien is subordinate to the existing first mortgage but has priority over subsequent liens
Under New York condominium law, the association's lien for unpaid common charges is generally subordinate to mortgages recorded before the lien arose, but has priority over liens recorded after the common charge lien. This protects existing mortgage lenders while giving the association collection rights.
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