Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
(a) All sums assessed by the council of unit owners
for the share of the common expenses chargeable to any unit which sums remain
unpaid shall constitute a lien on such unit prior to all other liens except the
following:
1. Assessments, liens, and charges for taxes past due
and unpaid on the unit,
2. Judgments entered in a court of record prior to
the date of common expense assessment,
3. Mortgage instruments of encumbrance duly recorded
prior to the date of such assessment,
4. Mechanic's and materialmen's liens arising from
labor performed or materials furnished upon a unit prior to the date of such
assessment, and
5. Mechanic's and materialmen's liens for labor
performed or material furnished upon the common elements to the extent (sic) of
the proportionate part chargeable to the unit owners which constitute a part of
an assessable charge for common expenses satisfaction of which shall discharge
the assessment to the extent of the payment made.
(b) The assessment lien may be foreclosed by suit
instituted by the council of unit owners or a duly authorized agent thereof in
like manner as an action for foreclosure of a mortgage upon real property. In
any such foreclosure proceedings, the unit owner shall be required to pay a
reasonable rental for the use of his unit, if so provided in the bylaws and the
plaintiff in such foreclosure shall be entitled to the appointment of a receiver
to collect the same. The council of unit owners, or their authorized agent,
shall have power, unless prohibited by the declaration, to bid in at the
foreclosure sale and to acquire and hold, lease, mortgage and convey the unit
ownership estate acquired at the foreclosure sale. Suit to recover money
judgment for unpaid common expenses shall be maintainable without foreclosing or
waiving the lien securing the same.
(c) Upon sale or conveyance of a unit encumbered by
an assessment lien, such lien shall be paid first, out of the sale proceeds or
by the grantee, subject only as aforesaid.
(d) Where the holder of a first mortgage of record or
other purchaser obtains title to the unit ownership estate as a result of
foreclosure of the first mortgage, such acquirer of title shall not be liable
for the share of the common expenses or assessments by the council of unit
owners chargeable to such unit which became due prior to acquisition of title to
such unit by such acquirer. Such unpaid share of common expenses or assessments
shall be deemed to be common expenses collectible from all the unit owners,
including such acquirer.
Historical Data
Laws 1963, HB 609, c. 288, § 24.