§514A-90.5 
Unpaid common expenses; collection from tenants.  (a)  If the owner of an apartment rents or
leases the apartment and is in default for thirty days or more in the payment
of the apartment's share of the common expenses, the board of directors, for as
long as the default continues, may demand in writing and receive each month
from any tenant occupying the apartment, an amount sufficient to pay all sums
due from the apartment owner to the association, including interest, if any,
but the amount shall not exceed the tenant's rent due each month.  The tenant's
payment under this section shall discharge that amount of payment from the
tenant's rent obligation, and any contractual provision to the contrary shall
be void as a matter of law.



(b)  Prior to
taking any action under this section, the board of directors shall give to the
delinquent apartment owner written notice of its intent to collect the rent
owed.  The notice shall:



(1)  Be sent both by first-class and certified mail;



(2)  Set forth the exact amount the association claims
is due and owing by the apartment owner; and



(3)  Indicate the intent of the board of directors to
collect such amount from the rent, along with any other amounts that become due
and remain unpaid.



(c)  The
apartment owner shall not take any retaliatory action against the tenant for
payments made under this section.



(d)  The
payment of any portion of the apartment's share of common expenses by the
tenant pursuant to a written demand by the board is a complete defense, to the
extent of the amount demanded and paid by the tenant, in an action for
nonpayment of rent brought by the apartment owner against a tenant.



(e)  The
board may not demand payment from the tenant pursuant to this section if:



(1)  A commissioner or receiver has been appointed to
take charge of the premises pending a mortgage foreclosure;



(2)  A mortgagee is in possession pending a mortgage
foreclosure; or



(3)  The tenant is served with a court order directing
payment to a third party.



(f)  In the
event of any conflict between this section and any provision of chapter 521,
the conflict shall be resolved in favor of this section; provided that if the
tenant is entitled to an offset of rent under chapter 521, the tenant may
deduct the offset from the amount due to the association, up to the limits
stated in chapter 521.  Nothing herein precludes the apartment owner or tenant
from seeking equitable relief from a court of competent jurisdiction or seeking
a judicial determination of the amount owed.



(g)  Before
the board of directors may take the actions permitted under subsection (a), the
board shall adopt a written policy providing for the actions and have the
policy approved by a majority vote of the apartment owners at an annual or
special meeting of the association or by the written consent of a majority of
the apartment owners. [L 2007, c 244, pt of §2]