State Codes and Statutes

Statutes > Nebraska > Chapter52 > 52-2001

52-2001. Lien; foreclosure; notice; priority;costs and attorney's fees; homeowners' association; furnish statement.(1) A homeowners' associationhas a lien on a member's real estate for any assessment levied against realestate or fines imposed against its owner from the time the assessment orfine becomes due and a notice containing the dollar amount of such lien isrecorded in the office where mortgages or deeds of trust are recorded. Thehomeowners' association's lien may be foreclosed in like manner as a mortgageon real estate but the homeowners' association shall give reasonable noticeof its action to all lienholders of real estate whose interest would be affected.Unless the homeowners' association declaration or agreement otherwise provides,fees, charges, late charges, fines, and interest charged are enforceable asassessments under this section. If an assessment is payable in installments,the full amount of the assessment may be a lien from the time the first installmentthereof becomes due.(2) A lien under thissection is prior to all other liens and encumbrances on real estate except(a) liens and encumbrances recorded before the recordation of the declarationor agreement, (b) a first mortgage or deed of trust on real estate recordedbefore the date on which the assessment sought to be enforced became delinquent,and (c) liens for real estate taxes and other governmental assessments orcharges against real estate. The lien under this section is not subject tothe homestead exemption pursuant to section 40-101.(3) Unless the declaration or agreementotherwise provides, if two or more homeowners' associations have liens forassessments created at any time on the same real estate, those liens haveequal priority.(4)A lien for unpaid assessments is extinguished unless proceedings to enforcethe lien are instituted within three years after the full amount of the assessmentsbecomes due.(5)This section does not prohibit actions to recover sums for which subsection(1) of this section creates a lien or prohibit a homeowners' association fromtaking a deed in lieu of foreclosure.(6) A judgment or decree in any action brought underthis section must include costs and reasonable attorney's fees for the prevailingparty.(7)The homeowners' association, upon written request, shall furnish to a homeowners'association member a recordable statement setting forth the amount of unpaidassessments against his or her real estate. The statement must be furnishedwithin ten business days after receipt of the request and is binding on thehomeowners' association, the governing board, and every homeowners' associationmember.(8)For purposes of this section:(a) Declaration means any instruments, however denominated,that create the homeowners' association and any amendments to those instruments;(b)(i) Homeowners' associationmeans an association whose members consist of a private group of fee simpleowners of residential real estate formed for the purpose of imposing and receivingpayments, fees, or other charges for:(A) The use, rental, operation, or maintenance ofcommon elements available to all members and services provided to the memberfor the benefit of the member or his or her real estate;(B) Late payments ofassessments and, after notice and opportunity to be heard, the levying offines for violations of homeowners' association declarations, agreements,bylaws, or rules and regulations; or(C) The preparation and recordation of amendmentsto declarations, agreements, resale statements, or statements for unpaid assessments;and(ii)Homeowners' association does not include a unit owners association organizedunder the Nebraska Condominium Act; and(c) Real estate means the real estate of a homeowners'association member as such real estate is specifically described in the member'shomeowners' association declaration or agreement. SourceLaws 2010, LB736, § 1. Cross ReferencesNebraska Condominium Act, see section 76-825.