How does New York's condominium act regulate condo ownership?

What the Law Says

New York’s Condominium Act—found in Article 9-B of the Real Property Law (RPL)—defines how condominiums are formed, owned, and managed. It grants unit owners exclusive rights to their units while imposing shared responsibilities for common areas and governance.

To create a condominium, a declaration must be recorded that includes a legal description of the property, identifies units and common elements, and sets forth bylaws. The declaration is binding on all owners and successors.

Each unit owner holds fee simple title to their unit and an undivided interest in the common elements, proportional to their unit’s percentage interest as stated in the declaration.

Owners must pay common charges to cover maintenance, insurance, reserves, and other shared expenses. These charges are enforceable as liens against the unit if unpaid.

The board of managers—elected by unit owners—has broad authority to manage common elements, adopt rules, collect assessments, and maintain insurance, subject to the declaration and bylaws.

The Act also provides a 10-year statutory warranty of habitability for new condominiums, covering major structural defects, and requires a supermajority (75% of unit owners) to amend the declaration unless otherwise specified.

Statutory Text

Every declaration shall contain… a description of the land and of each unit, a description of the common elements, and the percentage of the common interests appurtenant to each unit.

— Real Property Law § 339-e — Requirements for declaration

Statutory Text

Each unit owner shall pay his proportionate share of the common charges… Such charges shall be a lien upon the unit.

— Real Property Law § 339-j — Common charges

Statutory Text

The board of managers shall have the power to… maintain, repair and replace the common elements; adopt rules and regulations… and collect assessments.

— Real Property Law § 339-v — Powers and duties of board of managers

Statutory Text

Every warranty of habitability… shall extend for a period of ten years from the date of completion of the building.

— Real Property Law § 339-w — Warranty of habitability

Sources