§ 34-36.1-3.16 Lien for assessments.– (a) The association has a lien on a unit for any assessment levied against thatunit or fines imposed against its unit owner from the time the assessment orfine becomes due. The association's lien may be foreclosed in accordance withand subject to the provisions of § 34-36.1-3.21. Unless the declarationotherwise provides, attorney's fees, charges, late charges, fines, and interestcharged pursuant to § 34-36.1-3.02(a)(10) – (12) are enforceable asassessments under this section. If an assessment is payable in installments,the full amount of the assessment is a lien from the time the first installmentthereof becomes due.
(b) A lien under this section is prior to all other liens andencumbrances on a unit except:
(i) Liens and encumbrances recorded before the recordation ofthe declaration and not subordinated to the declaration,
(ii) A first mortgage or deed of trust on the unit recordedbefore the date on which the assessment sought to be enforced becamedelinquent, and
(iii) Liens for real estate taxes and other governmentalassessments or charges against the unit.
(2) The lien is also prior to any mortgage or deed of trustdescribed in subdivision (b)(1)(ii) of this section to the extent of the commonexpense assessments based on the periodic budget adopted by the associationpursuant to § 34-36.1-3.15(a) which would have become due in the absenceof acceleration during the six (6) months immediately preceding the foreclosureof the interest of the unit owner including any costs and reasonable attorney'sfees not to exceed two thousand five hundred dollars ($2,500), incurred in thecollection of any delinquent assessment or other charges by legal proceedingsor otherwise and all costs of foreclosure held pursuant to section34-36.1-3.21, including, but not limited to, publication, advertising andauctioneer costs, said foreclosure costs not to exceed five thousand dollars($5,000) (for a total aggregate of attorney's fees and costs of seven thousandfive hundred dollars ($7,500)).
(3) The priority amount under subdivision (b)(2) above shallnot include any amounts attributable to special assessments, late charges,fines, penalties, and interest assessed by the association.
(4) When any portion of the unit owner's share of the commonexpenses has been delinquent for at least sixty (60) days the association shallfirst send a notice stating the amount of the delinquency to the unit owner bycertified mail, return receipt requested, and first class mail. The associationshall also send a notice by certified mail, return receipt requested, and firstclass mail, stating the amount of the delinquency to the holder of the firstmortgage or deed of trust as it appears in the land evidence records at theaddress appearing in the mortgage or deed of trust or such other address as thefirst mortgagee may provide in writing to the association.
(5) The failure of the association to send the firstmortgagee the notice of sixty (60) days delinquency of common expenseassessments, as described in subsection (b)(4) above, shall not affect thepriority of the lien for up to six (6) months common expense assessments, butthe priority amount shall not include any costs or attorney's fees.
(6) This subsection does not affect the priority ofmechanics' or materialmen's liens, or the priority of liens for otherassessments made by the association.
(c) Unless the declaration otherwise provides, if two (2) ormore associations have liens for assessments created at any time on the samereal estate, those liens have equal priority.
(d) Recording of the declaration constitutes record noticeand perfection of the lien. No further recordation of any claim of lien forassessment under this section is required but is permitted.
(e) A lien for unpaid assessments is extinguished unlessproceedings to enforce the lien are instituted within six (6) years after thefull amount of the assessments becomes due.
(f) This section does not prohibit actions to recover sumsfor which subsection (a) creates a lien or prohibit an association from takinga deed in lieu of foreclosure.
(g) A judgment or decree in any action brought under thissection must include costs and reasonable attorney's fees for the prevailingparty.
(h) The association, upon written request shall furnish to aunit owner or the holder of a first mortgage or deed of trust granted withrespect to such unit owner's unit a recordable statement setting forth theamount of unpaid assessments against his or her unit. The statement must befurnished within ten (10) business days after receipt of the request and isbinding on the association, the executive board, and every unit owner.
(i) The association may take action for failure of a unitowner to pay any assessment or other charges pursuant to this section. Thedelinquent unit owner shall be obligated to pay all expenses of the executiveboard, including reasonable attorney's fees, incurred in the collection of thedelinquent assessment or other charges by legal proceedings or otherwise, suchattorney's fees and other charges also being a lien on the unit. The delinquentunit owner shall also be obligated to pay any amounts paid by the executiveboard for taxes or on account of superior liens or otherwise to protect itslien, which expenses and amounts, together with accrued interest, shall bedeemed to constitute part of the delinquent assessment and shall be collectibleas such.
§ 34-36.1-3.16 Lien for assessments.– (a) The association has a lien on a unit for any assessment levied against thatunit or fines imposed against its unit owner from the time the assessment orfine becomes due. The association's lien may be foreclosed in accordance withand subject to the provisions of § 34-36.1-3.21. Unless the declarationotherwise provides, attorney's fees, charges, late charges, fines, and interestcharged pursuant to § 34-36.1-3.02(a)(10) – (12) are enforceable asassessments under this section. If an assessment is payable in installments,the full amount of the assessment is a lien from the time the first installmentthereof becomes due.
(b) A lien under this section is prior to all other liens andencumbrances on a unit except:
(i) Liens and encumbrances recorded before the recordation ofthe declaration and not subordinated to the declaration,
(ii) A first mortgage or deed of trust on the unit recordedbefore the date on which the assessment sought to be enforced becamedelinquent, and
(iii) Liens for real estate taxes and other governmentalassessments or charges against the unit.
(2) The lien is also prior to any mortgage or deed of trustdescribed in subdivision (b)(1)(ii) of this section to the extent of the commonexpense assessments based on the periodic budget adopted by the associationpursuant to § 34-36.1-3.15(a) which would have become due in the absenceof acceleration during the six (6) months immediately preceding the foreclosureof the interest of the unit owner including any costs and reasonable attorney'sfees not to exceed two thousand five hundred dollars ($2,500), incurred in thecollection of any delinquent assessment or other charges by legal proceedingsor otherwise and all costs of foreclosure held pursuant to section34-36.1-3.21, including, but not limited to, publication, advertising andauctioneer costs, said foreclosure costs not to exceed five thousand dollars($5,000) (for a total aggregate of attorney's fees and costs of seven thousandfive hundred dollars ($7,500)).
(3) The priority amount under subdivision (b)(2) above shallnot include any amounts attributable to special assessments, late charges,fines, penalties, and interest assessed by the association.
(4) When any portion of the unit owner's share of the commonexpenses has been delinquent for at least sixty (60) days the association shallfirst send a notice stating the amount of the delinquency to the unit owner bycertified mail, return receipt requested, and first class mail. The associationshall also send a notice by certified mail, return receipt requested, and firstclass mail, stating the amount of the delinquency to the holder of the firstmortgage or deed of trust as it appears in the land evidence records at theaddress appearing in the mortgage or deed of trust or such other address as thefirst mortgagee may provide in writing to the association.
(5) The failure of the association to send the firstmortgagee the notice of sixty (60) days delinquency of common expenseassessments, as described in subsection (b)(4) above, shall not affect thepriority of the lien for up to six (6) months common expense assessments, butthe priority amount shall not include any costs or attorney's fees.
(6) This subsection does not affect the priority ofmechanics' or materialmen's liens, or the priority of liens for otherassessments made by the association.
(c) Unless the declaration otherwise provides, if two (2) ormore associations have liens for assessments created at any time on the samereal estate, those liens have equal priority.
(d) Recording of the declaration constitutes record noticeand perfection of the lien. No further recordation of any claim of lien forassessment under this section is required but is permitted.
(e) A lien for unpaid assessments is extinguished unlessproceedings to enforce the lien are instituted within six (6) years after thefull amount of the assessments becomes due.
(f) This section does not prohibit actions to recover sumsfor which subsection (a) creates a lien or prohibit an association from takinga deed in lieu of foreclosure.
(g) A judgment or decree in any action brought under thissection must include costs and reasonable attorney's fees for the prevailingparty.
(h) The association, upon written request shall furnish to aunit owner or the holder of a first mortgage or deed of trust granted withrespect to such unit owner's unit a recordable statement setting forth theamount of unpaid assessments against his or her unit. The statement must befurnished within ten (10) business days after receipt of the request and isbinding on the association, the executive board, and every unit owner.
(i) The association may take action for failure of a unitowner to pay any assessment or other charges pursuant to this section. Thedelinquent unit owner shall be obligated to pay all expenses of the executiveboard, including reasonable attorney's fees, incurred in the collection of thedelinquent assessment or other charges by legal proceedings or otherwise, suchattorney's fees and other charges also being a lien on the unit. The delinquentunit owner shall also be obligated to pay any amounts paid by the executiveboard for taxes or on account of superior liens or otherwise to protect itslien, which expenses and amounts, together with accrued interest, shall bedeemed to constitute part of the delinquent assessment and shall be collectibleas such.
§ 34-36.1-3.16 Lien for assessments.– (a) The association has a lien on a unit for any assessment levied against thatunit or fines imposed against its unit owner from the time the assessment orfine becomes due. The association's lien may be foreclosed in accordance withand subject to the provisions of § 34-36.1-3.21. Unless the declarationotherwise provides, attorney's fees, charges, late charges, fines, and interestcharged pursuant to § 34-36.1-3.02(a)(10) – (12) are enforceable asassessments under this section. If an assessment is payable in installments,the full amount of the assessment is a lien from the time the first installmentthereof becomes due.
(b) A lien under this section is prior to all other liens andencumbrances on a unit except:
(i) Liens and encumbrances recorded before the recordation ofthe declaration and not subordinated to the declaration,
(ii) A first mortgage or deed of trust on the unit recordedbefore the date on which the assessment sought to be enforced becamedelinquent, and
(iii) Liens for real estate taxes and other governmentalassessments or charges against the unit.
(2) The lien is also prior to any mortgage or deed of trustdescribed in subdivision (b)(1)(ii) of this section to the extent of the commonexpense assessments based on the periodic budget adopted by the associationpursuant to § 34-36.1-3.15(a) which would have become due in the absenceof acceleration during the six (6) months immediately preceding the foreclosureof the interest of the unit owner including any costs and reasonable attorney'sfees not to exceed two thousand five hundred dollars ($2,500), incurred in thecollection of any delinquent assessment or other charges by legal proceedingsor otherwise and all costs of foreclosure held pursuant to section34-36.1-3.21, including, but not limited to, publication, advertising andauctioneer costs, said foreclosure costs not to exceed five thousand dollars($5,000) (for a total aggregate of attorney's fees and costs of seven thousandfive hundred dollars ($7,500)).
(3) The priority amount under subdivision (b)(2) above shallnot include any amounts attributable to special assessments, late charges,fines, penalties, and interest assessed by the association.
(4) When any portion of the unit owner's share of the commonexpenses has been delinquent for at least sixty (60) days the association shallfirst send a notice stating the amount of the delinquency to the unit owner bycertified mail, return receipt requested, and first class mail. The associationshall also send a notice by certified mail, return receipt requested, and firstclass mail, stating the amount of the delinquency to the holder of the firstmortgage or deed of trust as it appears in the land evidence records at theaddress appearing in the mortgage or deed of trust or such other address as thefirst mortgagee may provide in writing to the association.
(5) The failure of the association to send the firstmortgagee the notice of sixty (60) days delinquency of common expenseassessments, as described in subsection (b)(4) above, shall not affect thepriority of the lien for up to six (6) months common expense assessments, butthe priority amount shall not include any costs or attorney's fees.
(6) This subsection does not affect the priority ofmechanics' or materialmen's liens, or the priority of liens for otherassessments made by the association.
(c) Unless the declaration otherwise provides, if two (2) ormore associations have liens for assessments created at any time on the samereal estate, those liens have equal priority.
(d) Recording of the declaration constitutes record noticeand perfection of the lien. No further recordation of any claim of lien forassessment under this section is required but is permitted.
(e) A lien for unpaid assessments is extinguished unlessproceedings to enforce the lien are instituted within six (6) years after thefull amount of the assessments becomes due.
(f) This section does not prohibit actions to recover sumsfor which subsection (a) creates a lien or prohibit an association from takinga deed in lieu of foreclosure.
(g) A judgment or decree in any action brought under thissection must include costs and reasonable attorney's fees for the prevailingparty.
(h) The association, upon written request shall furnish to aunit owner or the holder of a first mortgage or deed of trust granted withrespect to such unit owner's unit a recordable statement setting forth theamount of unpaid assessments against his or her unit. The statement must befurnished within ten (10) business days after receipt of the request and isbinding on the association, the executive board, and every unit owner.
(i) The association may take action for failure of a unitowner to pay any assessment or other charges pursuant to this section. Thedelinquent unit owner shall be obligated to pay all expenses of the executiveboard, including reasonable attorney's fees, incurred in the collection of thedelinquent assessment or other charges by legal proceedings or otherwise, suchattorney's fees and other charges also being a lien on the unit. The delinquentunit owner shall also be obligated to pay any amounts paid by the executiveboard for taxes or on account of superior liens or otherwise to protect itslien, which expenses and amounts, together with accrued interest, shall bedeemed to constitute part of the delinquent assessment and shall be collectibleas such.
