State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-08a > 57-8a-203

57-8a-203. Unpaid assessment -- Lien -- Foreclosure.
(1) (a) If an owner fails or refuses to pay an assessment when due, that amountconstitutes a lien on the interest of the owner in the property.
(b) Upon the recording of notice of lien by the manager or board of directors, a liendescribed in Subsection (1)(a) is a lien on the unit owner's interest in the property prior to allother liens and encumbrances, recorded or unrecorded, except:
(i) tax and special assessment liens on the unit in favor of any assessing lot or specialimprovement district; and
(ii) encumbrances on the interest of the lot owner:
(A) recorded prior to the date of the recording of notice of lien described in Subsection(1)(b); and
(B) that by law would be a lien prior to subsequently recorded encumbrances.
(2) (a) The manager or board of directors may enforce a lien described in Subsection (1)by sale or foreclosure of the owner's interest.
(b) The sale or foreclosure described in Subsection (2)(a) shall be conducted in the samemanner as foreclosures in:
(i) mortgages; or
(ii) any other manner permitted by law.
(3) In a sale or foreclosure described in Subsection (2)(a), the owner shall pay:
(a) the costs and expenses of the proceedings; and
(b) reasonable attorney fees.
(4) Unless otherwise provided in the declaration, the manager or board of directors may:
(a) bid at a sale or foreclosure described in Subsection (2)(a); and
(b) hold, lease, mortgage, or convey the lot that is subject to the lien.

Enacted by Chapter 153, 2004 General Session

State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-08a > 57-8a-203

57-8a-203. Unpaid assessment -- Lien -- Foreclosure.
(1) (a) If an owner fails or refuses to pay an assessment when due, that amountconstitutes a lien on the interest of the owner in the property.
(b) Upon the recording of notice of lien by the manager or board of directors, a liendescribed in Subsection (1)(a) is a lien on the unit owner's interest in the property prior to allother liens and encumbrances, recorded or unrecorded, except:
(i) tax and special assessment liens on the unit in favor of any assessing lot or specialimprovement district; and
(ii) encumbrances on the interest of the lot owner:
(A) recorded prior to the date of the recording of notice of lien described in Subsection(1)(b); and
(B) that by law would be a lien prior to subsequently recorded encumbrances.
(2) (a) The manager or board of directors may enforce a lien described in Subsection (1)by sale or foreclosure of the owner's interest.
(b) The sale or foreclosure described in Subsection (2)(a) shall be conducted in the samemanner as foreclosures in:
(i) mortgages; or
(ii) any other manner permitted by law.
(3) In a sale or foreclosure described in Subsection (2)(a), the owner shall pay:
(a) the costs and expenses of the proceedings; and
(b) reasonable attorney fees.
(4) Unless otherwise provided in the declaration, the manager or board of directors may:
(a) bid at a sale or foreclosure described in Subsection (2)(a); and
(b) hold, lease, mortgage, or convey the lot that is subject to the lien.

Enacted by Chapter 153, 2004 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-08a > 57-8a-203

57-8a-203. Unpaid assessment -- Lien -- Foreclosure.
(1) (a) If an owner fails or refuses to pay an assessment when due, that amountconstitutes a lien on the interest of the owner in the property.
(b) Upon the recording of notice of lien by the manager or board of directors, a liendescribed in Subsection (1)(a) is a lien on the unit owner's interest in the property prior to allother liens and encumbrances, recorded or unrecorded, except:
(i) tax and special assessment liens on the unit in favor of any assessing lot or specialimprovement district; and
(ii) encumbrances on the interest of the lot owner:
(A) recorded prior to the date of the recording of notice of lien described in Subsection(1)(b); and
(B) that by law would be a lien prior to subsequently recorded encumbrances.
(2) (a) The manager or board of directors may enforce a lien described in Subsection (1)by sale or foreclosure of the owner's interest.
(b) The sale or foreclosure described in Subsection (2)(a) shall be conducted in the samemanner as foreclosures in:
(i) mortgages; or
(ii) any other manner permitted by law.
(3) In a sale or foreclosure described in Subsection (2)(a), the owner shall pay:
(a) the costs and expenses of the proceedings; and
(b) reasonable attorney fees.
(4) Unless otherwise provided in the declaration, the manager or board of directors may:
(a) bid at a sale or foreclosure described in Subsection (2)(a); and
(b) hold, lease, mortgage, or convey the lot that is subject to the lien.

Enacted by Chapter 153, 2004 General Session

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