On October 16, 2025, New York State passed amendments to the Real Property Law and Real Property Actions and Proceedings Law, significantly changing foreclosure actions for condominiums and homeowners associations.
Condominiums and homeowners
Condominiums and homeowners associations must now send homeowners a 90 day notice prior to commencing a foreclosure action.
It appears that the State passed these laws in an effort to make condominium and homeowners association lien foreclosure actions more closely mirror the way that mortgage foreclosure actions are conducted. The necessity to send a 90 day notice prior to commencing a foreclosure action has long been a requirement in mortgage foreclosure actions.
Homeowners Associations and condominiums must now provide the homeowner with a notice at the property address and any other address the community has on file that the Board intended to file a foreclosure action to enforce the lien.
The notice must be in 14 point font type, state the address of the property, and state the specific amount that is due. The notice must be sent at least 90 days prior to the commencement of the foreclosure action. Boards must carefully follow all the requirements set forth in the statutes or risk having their foreclosure action dismissed.
Given the new delays in commencing foreclosure actions, we encourage condominium and homeowners association Boards to promptly begin collections action against delinquent homeowners. Although it is not explicitly stated in the statutes, it appears that the 90 day notice cannot be sent until the lien is filed with the County Clerk’s Office. By sending the 90 day notice as soon as the lien has been filed, Boards will be in the best position to move forward with a foreclosure action in a timely manner once the 90 days has expired.