New Pre-Foreclosure Notice Requirements for Condominiums and HOAs Under RPL § 339-aa

On October 16, 2025, Governor Hochul signed into law Bill No. A03470, which implements significant amendments to the condominium common charge lien and homeowners’ association lien foreclosure process in New York. This new legislation adds a significant procedural step that condominium boards and HOAs must complete before starting their foreclosure processes, which now more closely resemble the requirements for a residential mortgage foreclosure.

The new law amends Real Property Law (RPL) Section 339-aa to now require, among other things, boards of managers of condominiums to provide at least 90 days’ advance written notice to a unit owner prior to initiating any foreclosure action to enforce a lien for unpaid common charges, assessments, fees, or fines.  

The required notice must now:

• Be sent to the property address and any other addresses of record for the unit owner;
• Be in at least 14-point type; and
• State that the board intends to foreclose to enforce its lien, including the property address and the specific amount due.

Arguably more significant is the Legislature’s addition of language to RPAPL § 339-aa that subjects a condominium common charge lien foreclosure to Article 13 of the RPAPL.  Importantly, before the amendment to RPL § 339-aa, that law permitted condominium boards to foreclose on a common charge lien “in like manner as a mortgage of real property,” with no statutory notice required to be sent to the unit owner.  However, the October 16, 2025 amendments now require that a condominium board foreclose on a common charge lien “in like manner as a mortgage of real property pursuant to article thirteen of the real property actions and proceedings law.” 

Condominium boards should consult with their R&E attorney to understand the new 90-day notice requirement as well as the additional procedural requirements of Article 13 of the RPAPL which are now needed prior to and at the time of commencement of a common charge lien foreclosure.  

Bill No. A03470 also creates RPAPL Section 2010, which imposes a similar 90-day notice requirement to foreclosures of liens by homeowners’ associations.  

These provisions take effect immediately and apply to all foreclosure actions commenced on or after October 16, 2025. Any failure to serve the notice properly, such as serving it at an incorrect time, omitting addresses, or using the wrong language, may be raised as a defense and could result in the dismissal of the foreclosure action. Boards and managing agents must therefore document compliance carefully and update their collection procedures. The changes and new law can be found here.

Rosenberg & Estis, P.C. will continue to monitor how courts interpret this new statutory requirement and its impact on lien-enforcement proceedings.

If you have any questions regarding the new law or how to ensure compliance, please get in touch with your trusted R&E attorney or Christopher A. Gorman, R&E Member in the Real Estate Litigation Department, or Matthew E. Eiben, R&E Counsel who focuses on Cooperative and Condominium Law and Real Estate Litigation or John P. Muldoon or Evan N. Soyer, both R&E Associates in the Real Estate Litigation Department.