Jennifer defaults on her condominium maintenance payments in Queens. The condominium association wants to collect the unpaid fees. Under New York law, what remedy is available to the association?
Correct Answer
C) The association can place a lien on Jennifer's unit and foreclose if necessary
New York Real Property Law Article 9-B grants condominium associations the right to place a lien on individual units for unpaid common charges and assessments. This lien can be foreclosed like a mortgage if the debt remains unpaid, as the unit owner holds real property that can be subject to foreclosure.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Constructive notice is the legal presumption that a person has knowledge of information that is available through public records or visible inspection of the property, regardless of whether they actually knew about it.
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.
More Property Ownership Transfer Questions
Michael Torres is purchasing a property in Westchester County, NY, that was previously owned by a corporation that has since been dissolved. His attorney recommends title insurance due to potential corporate dissolution issues. What type of title problem is the attorney most concerned about?
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In New York, what is the primary difference between an owner's title insurance policy and a lender's title insurance policy?
In New York, what type of property interest does a cooperative apartment represent?
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- → David's condominium unit in Albany suffers water damage from a burst pipe in the common area. Under typical New York condominium arrangements, who is responsible for repairs to David's unit interior?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → Lisa owns a condominium unit and wants to rent it to tenants. The condominium bylaws contain restrictions on rentals. Under New York law, what is the general rule regarding an owner's right to rent their condominium unit?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
- → Sarah purchased a home in Albany and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. Under New York recording law, when did Sarah's ownership become effective against third parties?
- → Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?
- → Under New York recording law, all of the following documents must be recorded to provide constructive notice to third parties EXCEPT:
- → Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?
- → Jennifer Adams purchased a historic brownstone in Brooklyn, NY, with title insurance. One year later, the city claims a portion of her property for a street widening project that was authorized by a resolution passed two years before her purchase, but not recorded in the public records until after her purchase. The taking reduces her property value by $75,000. What is the most likely outcome regarding her title insurance coverage?
- → Robert is purchasing a condominium unit in Rochester. What type of deed will he receive at closing?
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