New York condo document review
New York condo document review is governed by the Condominium Act, Real Property Law (RPL) Article 9-B (§§ 339-d through 339-kk). Unlike states with a statutory resale-certificate law, New York compels little at resale: the strong disclosure point is the initial offering plan accepted by the Attorney General under the Martin Act, while resales rely on the purchase contract. That means much of the work is proactive. A buyer should assemble the declaration, bylaws, two to three years of financial statements, the § 339-z statement of unpaid common charges, the insurance declarations, the board minutes where available, and — for New York City buildings — the Local Law status reports (FISP, LL97, LL126, LL152, elevator). The value is in reading these together against the building's age, because a complete package can still reveal a thin reserve, a SWARMP façade, or a coming assessment.
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New York reserve studies
New York is one of the states with no reserve-study mandate at all. There is no statute requiring condos, co-ops, or HOAs to commission a reserve study or to fund reserves to any target level. The only related rule is the one-time NYC conversion reserve fund (Admin. Code § 26-703), which requires a sponsor to seed a fund of roughly 3% of the total offering price (with a 1% floor) within 30 days of the first closing at conversion — not an ongoing funding rule. Because funding is unregulated, a thin reserve is lawful and common, which makes the diligence different from mandate states: instead of reading percent funded against a required study, you read the budget's reserve contribution, the last two to three years of financials, and the building's known Local Law obligations to estimate the probability of an assessment.
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New York insurance risk
Insurance is among the most volatile risks in New York condo and co-op documents today. The statutory requirement is modest — under RPL § 339-bb the condo board must insure the building if the declaration, bylaws, or a majority of owners require it, and in practice nearly all bylaws mandate a master replacement-cost policy. The market behind that requirement is stressed: 20%+ premium increases are routine, several carriers have exited or curtailed the NYC multifamily market, and underwriters now scrutinize maintenance and open DOB violations in detail. Flood is generally excluded, and post-Sandy exposure is materially understated by legacy FEMA maps. For a New York buyer, the master policy is both a risk document and a financing document — its deductibles and coverage gaps can affect mortgage warrantability and what you need in your own HO-6.
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New York special assessments
Special assessments are the mechanism through which deferred and Local Law costs in a New York building arrive at your door. New York imposes no statutory cap on common charges or special-assessment size, and whether an owner vote is required is governed entirely by the bylaws (condo) or proprietary lease (co-op). In many buildings the board can impose a special assessment unilaterally, which is a key buyer-exposure point. The leading causes of large assessments are the NYC Local Law stack — FISP façade repairs, Local Law 97 penalties, Local Law 126 garage work, Local Law 152 gas repairs, and elevator modernization — followed by insurance premium spikes and capital shortfalls. Because meaningful assessments can occur board-only, reading the budget, financials, inspection reports, and minutes together is how you anticipate them.
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