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New York doubled the offering-plan filing fee cap and put a $750 floor on every amendment

New York doubled the offering-plan filing fee cap and put a $750 floor on every amendment
New York · Regulation

New York doubled the offering-plan filing fee cap and put a $750 floor on every amendment

The New York Attorney General's Real Estate Finance Bureau doubled its maximum offering-plan filing fee last November and imposed a flat $750 charge on amendments. For an existing New York association the $750 is the line that matters, because amendments and cooperative policy statement applications are the filings associations actually make.

The change was implemented by a Bureau memorandum, “Increased and New Filing Fees Pursuant to General Business Law §§ 352-e(7) and 352-eeeee,” issued October 30, 2025 and effective November 5, 2025. It carries out the Affordable Housing Retention Act, signed May 9, 2025, which amended GBL § 352-e(7) and added § 352-eeeee for preservation plans.1

The old schedule and the new one

The Attorney General's published fee schedule states the new tier for a cooperative, condominium, homeowners association or timeshare offering plan, on or after November 5, 2025:

0.4% of total offering price with $750 minimum for total offering price under $250,000 and $60,000 maximum fee2

And the prior tier, which ran from April 23, 2008 to November 4, 2025:

0.4% of total offering price with $750 minimum...and $30,000 maximum fee

The percentage did not change. The cap did. Which means the increase falls entirely on offerings above roughly $15 million in total offering price — the point at which 0.4% reached the old $30,000 ceiling.

The $750 that reaches existing associations

Amendments, no-action applications and cooperative policy statement applications are now $750 each. That is the item on the schedule that touches an association that was formed years ago and has no intention of offering anything.

Cooperative policy statement applications matter particularly to homeowners associations, because CPS-7 — the route for an HOA whose cooperative interest is de minimis — is the standard mechanism many New York HOAs use. Each CPS application, and each amendment or extension of one, is now $750.

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Where else the schedule bites

The same published schedule carries several other figures a board or its counsel will meet:

A new Preservation Plan category under GBL § 352-eeeee is priced identically to a full offering plan: “0.4% of total offering price with $750 minimum for total offering price under $250,000 and $60,000 maximum fee.”

GBL § 352-g exemptions — the policy statements P.S. 100, 101 and 102 — run at “0.2% of total offering price with $750 minimum...and $60,000 maximum fee.”

Form M-2 salesperson statement: $150 for four years. Form M-10 broker-dealer: “$300, plus $15 per signatory, for four years.”

Filing fees remain waived for offerings funded under Private Housing Finance Law Articles 18, 19 or 20, per a separate affordable-housing memorandum still posted from 2009.

Why this shows up in a board's budget

Three ways, in descending order of likelihood.

A plan restatement or a series of amendments. An association whose offering plan has drifted — because the sponsor changed, because a schedule needs correcting, because the plan and the recorded documents no longer agree — faces $750 per amendment on top of counsel's time. A board that has been deferring housekeeping amendments should re-baseline the cost before deciding to do them in one batch or not at all.

A CPS filing. If your association operates on a CPS-7 or similar cooperative policy statement route, every application and every extension is now a $750 line item.

A sponsor's costs landing in Schedule B. For a new condominium or homeowners association whose total offering price exceeds roughly $15 million, the sponsor's filing cost doubles. Sponsors build filing costs into their pro formas and their first-year budgets, and Schedule B is where a purchaser eventually sees the consequence. Our budget approval page covers how that first budget is set.

One thing to know about the source

The fee figures above come from the Attorney General's own published HTML fee schedule, which is the authoritative current statement. We fetched the underlying October 30, 2025 memorandum successfully but could not extract its body text — the PDF uses a subset-embedded font with a custom encoding — so we read only its cover block confirming the issue and effective dates. If a precise quotation from the memorandum itself matters to a filing, get it from the Bureau rather than from a summary.

This is one of three changes that landed together

The fee increase arrived in the same period as two procedural changes to how filings are made, both effective January 7, 2026. Paper is no longer an option for CPS applications, preservation statement applications, or Forms M-2, M-3, M-4 and M-10 — all must go through the Bureau's new eSubmission Portal. And the Bureau dropped its longstanding requirements for original documents, wet-ink signatures and in-person notarization, expressly citing the regulation that governs homeowners associations among others.

Taken together, the practical position for a New York association's counsel from January 2026 is: filings cost more, must be electronic for the categories that matter most to associations, and no longer require a notary in a room. Our New York governing statute page covers the offering-plan regime these filings sit inside, and our records inspection page covers what owners can see of them.

What to do

Ask your counsel for a schedule of any anticipated Real Estate Finance Bureau filings over the next two budget years, priced at the current fees. It is a small number in most associations and a surprising one in a few — particularly any association in the middle of a sponsor transition, a plan restatement, or a governing-document amendment programme that requires Bureau filings to accompany it.

Related New York HOA Topics

← All New York HOA Topics

  1. New York Attorney General — Real Estate Finance Bureau regulatory filing fee schedule, current and prior tiers
  2. REF memorandum, Increased and New Filing Fees Pursuant to GBL §§ 352-e(7) and 352-eeeee — issued October 30, 2025, effective November 5, 2025

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