how long does alien on a Condo last, for past due common charges fee, before a foreclosure filing?.
You ask reasonably correct questions yet, they have to be presented in person to a local licensed civil attorney versed in NY condominium laws.
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Liens can last a good long time, and in some instances, can have an eternal life, just like a Vampire. How long before your Condo Assn with begin foreclosure is usually a decision made by the Board of Directors, and not by state law. Pull out the HOA CC&Rs and read them, or better still, have a conversation with the HOA manager about resolving this issue if you want to stay in the condo. Settling this early rather than hiding from it will almost always cost you less. Hope this perspective helps!
Check the Offering plan documents, including the Bylaws. There should be a section, like "Rights and Obligations of Unit Owners." There should be a provision for collection and liens in the case of non-payment. There might be a provision that states something like this: that the lien for unpaid common charges will be effective from and after the filing of a verified notice in the City Register's office until the earlier of the payment of all sums due or 6 years from the filing (unless a foreclosure has been started by then,. See what your condo's documents provide. The decision of if and when to foreclose depends on the Board. Depending on the amount owed, you may be able to file for chapter 13 bankruptcy and pay the arrears over a 5 year period. Or you may be able to reach agreement with the Board as to the payment of the arrears. Speak to a sophisticated bankruptcy and debt attorney. Best of luck, Barbie Lieber
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