New York guide
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.
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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.
Why New York resale diligence is buyer-driven
New York has no statutory resale-certificate or estoppel regime and no statutory right to cancel after reviewing documents. The Martin Act (GBL Article 23-A) makes the offering plan the strongest statutory disclosure — but that protects buyers at the initial sponsor sale, not at resale. For a resale, the contract governs: the seller provides the bylaws, house rules, and recent offering-plan amendments, the managing agent issues a condo questionnaire and a waiver of any right of first refusal, and the buyer's attorney drives the rest. Request two to three years of financial statements and the current budget early, because nothing compels them.
What RPL Article 9-B actually gives owners
Article 9-B governs the declaration (§ 339-n), bylaws (§ 339-u, § 339-v), common charges allocated by common-interest percentage (§ 339-m), the lien for unpaid charges (§ 339-z, § 339-aa), and insurance (§ 339-bb). Records access is narrow: § 339-w requires the board to keep records of receipts and expenditures available for examination at convenient weekday hours and to render a written summary at least annually. Courts have read it as limited to financial receipts and expenditures — it does not create a broad statutory right to inspect minutes, contracts, or the management agreement, though bylaws often grant more. Check the bylaws for inspection scope.
The NYC Local Law compliance posture
For New York City buildings, the Local Law stack is the dominant cost driver. Request the most recent FISP / Local Law 11 façade report (Safe, SWARMP, or Unsafe) for buildings over six stories, the Local Law 97 carbon-cap compliance posture and any projected penalty, the Local Law 126 parking-structure report, the Local Law 152 gas-piping inspection, and elevator modernization status (the secondary-brake mandate is due January 1, 2027). Each of these can sit behind a special assessment. Read the reports against the reserves and minutes to see whether identified work is funded or pending.
Reserves, insurance, and the junior lien
New York mandates no reserve study or funding level, so read the budget's reserve contribution and the last several years of financials rather than assuming a study exists. Read the master insurance declarations for the carrier, deductibles, any non-renewal notice, and flood coverage given post-Sandy exposure. Finally, confirm there are no arrears that survive: the condo lien is subordinate to the first mortgage under § 339-z, so demand the statement of unpaid common charges, which limits the unit's liability to the stated amount.
New York legal references
- NY RPL Article 9-B — Condominium Act (§§ 339-d to 339-kk)
- NY RPL § 339-z — Lien priority and statement of unpaid common charges
- NYC DOB — Façade Inspection & Safety Program (Local Law 11 / FISP)
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these New York statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a New York specialist →Reviewer's checklist
- Assemble the declaration, bylaws, house rules, and recent offering-plan amendments
- Request two to three years of financial statements and the current budget — the law won't compel them
- Demand the § 339-z statement of unpaid common charges (limits the unit's liability)
- Confirm the managing agent's condo questionnaire and waiver of any right of first refusal
- Request the FISP / Local Law 11 façade report (Safe / SWARMP / Unsafe) for buildings over six stories
- Get the Local Law 97 compliance posture and any projected penalty exposure
- Request the Local Law 126 parking-structure and Local Law 152 gas-piping reports
- Confirm elevator modernization status against the January 1, 2027 secondary-brake mandate
- Read the master insurance declarations, deductibles, and any non-renewal notice; confirm flood coverage
- Build a document-review window into the contract — New York provides no statutory rescission
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Related risk areas
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Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
Governance risk
An association's governance health is a leading indicator of every other risk.
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Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker