Can a New York Condo association collect rent from the tenant if the unit owner is delinquent in paying common charges?

Answer 1

Probably, yes.

Read your governing documents to become more familiar with your obligation to pay your common charges, and the association's responsibility and processes by which they are required to collect the monies that you owe.

Generally, from these captured funds, the association will not only collect your past-due assessments, with fines and interest if applicable, but will also collect any attorneys fees and expenses involved in collection.

When you don't pay your assessments and rent your unit, you benefit from the rent revenue stream, while asking your neighbors to pay your bills -- the expenses to operate the condominium community. It is totally reasonable that the association step into that revenue stream to collect your assessments.

Answer 2

There is no universal rule or law to that effect in New York. You need to check the rules and regulations in any particular condominium.

Condominium Master Deeds generally reserve the right to amend existing rules and regulations and and adopt new ones. New rules are being passed that facilitate the collection of delinquent condo fees and assessments.

Many condo associations have adopted a new rule that allows associations to collect rent from tenants when owners become delinquent. A number have also adopted rules that revoke amenities and privileges of owners and their tenants such as the health club or the pool. Doormen may stop accepting packages and deliveries. Some associations post names of delinquent owners in common areas.