HOA Foreclosures Subject to 'Help for Homeowners in Foreclosure' Notices

Homeowners Associations that are seeking to foreclose on liens arising under the HOA Declaration, for failure to pay assessments for example, should be aware that they are are required to comply with the statutory 'Help for Homeowners in Foreclosure' notices set forth in the Real Property Actions and Proceedings Law. New York courts have held that the provision in RPAPL Section 1303 requiring such notices, is broad in that it applies to all foreclosures of owner-occupied one to four family dwellings, regardless of what the lien pertains to.