New York Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

The Act does not split repair duties between owners and the board in detail. It defines "operation of the property" to include maintenance, repair, and replacement of the common elements (Sec. 339-e(9)), and the bylaws must provide for operation of the property (Sec. 339-v). The board has a right of access to units during reasonable hours to operate the property or make emergency repairs (Sec. 339-i(5)). Owners may not do work that would jeopardize the soundness or safety of the property (Sec. 339-k). Who maintains unit interiors, fixtures, and limited areas like terraces is set by the declaration and bylaws.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

The Act defines a unit as a part of the property intended for any type of use, with an exit to a public street or to a common element leading to one. A unit may include appurtenances such as a parking space, storage room, balcony, terrace, or patio (Sec. 339-e(14)). The declaration must identify each unit and its location (Sec. 339-n). Exact boundaries, such as whether walls are measured to the finished surface, come from the declaration and floor plans.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Unless the declaration says otherwise, common elements include foundations, main walls, roofs, halls, elevators, and central systems for heat, water, and power (Sec. 339-e(3)).
• Common expenses are shared by common interest, but the declaration and bylaws can allocate costs based on exclusive use of particular areas (Sec. 339-m).
• Bylaws may provide for reserves for maintenance, repairs, and replacements (Sec. 339-v(2)(b)).
• Bylaws may govern sales and leasing of units, which is the basis for the right of first refusal common in New York condos (Sec. 339-v(2)(a)).
• The board must keep records of receipts and expenditures open to owners and send an annual financial report (Sec. 339-w).
• After a casualty, the board must promptly repair the building using insurance proceeds, and any shortfall is a common expense (Sec. 339-cc).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in New York

Insurance and deductibles

The statute is light on insurance. Under Section 339-bb, the board must insure the building against fire and other hazards if the declaration, the bylaws, or a majority of owners require it, and must give owners written notice of the coverage and any changes. Premiums are common expenses, and higher-risk units can be charged more. Each owner keeps the right to insure their own unit. The Act does not set deductible allocation rules, so the declaration, bylaws, and board policies decide who pays. Ask for the master policy summary and deductible before buying.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a New York condo

New York has no statutory resale certificate for condo resales. Section 339-z entitles the seller or buyer to a statement of unpaid common charges, and a buyer is not liable for unpaid charges beyond the amount stated. Otherwise, buyers usually rely on their attorney to review the offering plan and amendments, the declaration and bylaws, two to three years of financial statements, recent board minutes, and a building questionnaire. Many bylaws give the board a right of first refusal, so the closing often waits for the board's written waiver.

Frequently Asked Questions

Who is responsible for repairs in a New York condo?

The Condominium Act puts the common elements under the board's operation of the property and gives the board access to units for repairs. It does not set a detailed split for unit interiors. Your declaration and bylaws decide who handles items like windows, terraces, plumbing inside walls, and HVAC units. Check those documents, and the offering plan, before assuming the board will pay.

Is there a resale certificate when buying a New York condo?

No. Unlike many states, New York does not require a resale certificate or disclosure package for condo resales. A buyer can get a statement of unpaid common charges under Section 339-z, but most due diligence is done by the buyer's attorney, who reviews the offering plan and amendments, financial statements, board minutes, and the building's answers to a questionnaire.

What is a right of first refusal in a New York condo?

Section 339-v lets bylaws include rules on sales and leasing. Most New York condo bylaws use this to give the board a right of first refusal, meaning the board can buy or lease the unit on the same terms as the outside deal. In practice boards almost always waive it, but the sale usually cannot close until the board issues a written waiver within the time set by the bylaws.

What does a Local Law 11 facade rating mean for condo owners?

In New York City, buildings over six stories file a facade report every five years. A Safe rating means no repairs needed in the cycle. A SWARMP rating means repairs are needed before the next cycle. An Unsafe rating requires sidewalk sheds or other protection and prompt repairs. Facade work is usually a common expense, so a poor rating can lead to higher charges or a special assessment.