US Laws, Codes, Statutes & Cases

     57-8a-203.   Unpaid assessment -- Lien -- Foreclosure.
     (1) (a) If an owner fails or refuses to pay an assessment when due, that amount constitutes 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 lien described in Subsection (1)(a) is a lien on the unit owner's interest in the property prior to all other liens and encumbrances, recorded or unrecorded, except:
     (i) tax and special assessment liens on the unit in favor of any assessing lot or special improvement 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 same manner 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