TITLE 55

PROPERTY IN GENERAL

CHAPTER 32

HOMEOWNER’S ASSOCIATION ACT

55-3207.  Homeowner’s association liens. (1) A homeowner’s association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner’s association.

(2)(a)  A homeowner’s association claiming a lien under subsection (1) of this section must file a claim in the county in which the lot or some part thereof is located. The claim must contain:

(i)   A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;

(ii)  The name of the lot owner, or reputed owner, if known;

(iii) The name of the homeowner’s association; and

(iv)  A description, sufficient for identification, of the property to be charged with the lien.

(b)  When a claim has been filed and recorded pursuant to this section and the owner of the lot subject to the claim thereafter fails to pay any assessment chargeable to such lot, then as long as the original or any subsequent unpaid assessment remains unpaid, such claim shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings under this section.

(c)  The claim must be verified by the oath of an individual having knowledge of the facts and must be recorded by the county recorder. The record will be indexed as other liens are required by law to be indexed.

(d)  Within five (5) business days after recording a lien on the property, the homeowner’s association shall serve, by personal delivery to the owner or reputed owner or by certified mail to the last known address of the owner or reputed owner, a true and correct copy of the recorded lien.

(3)  The lien may be enforced by the board acting on behalf of the homeowner’s association.

(4)  This section does not prohibit a homeowner’s association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.

(5)  An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. However, recovery on the action operates to satisfy the lien, or the portion thereof, for which recovery is made.

History:

[55-3207, added 2022, ch. 323, sec. 4, p. 1042.]