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State | Statute Summary | State Statute | Full Statute Text | Description of the Statement that is Required to be Submitted | Example
 |  | Please let the asset manager know if the link becomes invalid.  Periodically the individual states may move their law references.  Provided for informational purposes only.  For the most current revision of a statute, consult an official law library approved by your respective state. | Full text is available by clicking on the box.  To copy: Click in the box, press control C and paste to a word document.
Late Charges: Charges for late fees and penalties must be consistent from month to month. |  |  |  |  | Revised
Statements must not have late charges or penalties for more months than we are required to pay per the statute.    If the Association insists that prior late fees and penalties are owed, the statment should start with a balance and have a detailed explanation of how the late fees and penalties were calculated. |  |  |  |  | May 15th, 2012
ALASKA | HOA and Condo:  Six months prior to actual foreclosure date. | AK State Statute 34.08.470b | Sec. 34.08.470. [NAME] for assessments.  (a) The association has a lien on a unit for an assessment levied against the unit or fines imposed against its unit owner from the time the assessment or fine becomes due. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged under AS 34.08.320 (a)(10) - (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment becomes due.  (b) A lien under this section is prior to all other liens and encumbrances on a unit except (1) a lien and encumbrance recorded before the recordation of the declaration and, in a cooperative, a lien and encumbrance which the association creates, assumes, or takes subject to; (2) a first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, the first security interest encumbering only the interest of the unit owner and perfected before the date on which the assessment sought to be enforced became delinquent; and (3) a lien for real estate taxes and other governmental assessments or charges against the unit or cooperative. A lien under this section is also prior to all security interests described in (2) of this subsection if the common expense assessments based on the periodic budget adopted by the association under AS 34.08.460 (a) would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of a mechanic's or materialman's [NAME], or the priority of a lien for other assessments made by the association. A lien under this section is not subject to the provisions of AS 09.38.010 .  (c) Unless the declaration provides otherwise, if two or more associations have liens for assessments created at any time on the same property, each [NAME] has equal priority.  (d) The recording of the declaration constitutes record notice and perfection of the lien. Further recording of a claim of [NAME] for assessment under this section is not required.  (e) A lien for an unpaid assessment is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessment becomes due.  (f) This section does not prohibit an action to recover sums for which (a) of this section creates a lien or prohibit an association from taking a deed in lieu of foreclosure.  (g) A judgment or decree in an action brought under this section is enforceable by execution under AS 09.35.010 .  (h) The association upon written request shall furnish to a unit owner a statement setting out the amount of unpaid assessments against the unit. If the interest of the unit owner is real estate, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board, and each unit owner.  (i) In a cooperative, upon nonpayment of an assessment on a unit, a unit owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and the [NAME] may be foreclosed under this section.  (j) The association's [NAME] may be foreclosed under this subsection as follows:  (1) in a condominium or planned community, the lien of the association must be foreclosed as a lien is foreclosed under AS 34.35.005;  (2) in a cooperative whose unit owners' interests in the units are real estate, the lien of the association must be foreclosed as a mortgage or deed of trust on real estate is foreclosed or as a lien is foreclosed under AS 34.35.005 ; or  (3) in a cooperative whose unit owners' interests in the units are personal property, the lien of the association must be foreclosed as a security interest under AS 45.29.  (k) In a cooperative, if the interest of the unit owner in a unit is real estate,  (1) the association, upon nonpayment of an assessment and compliance with this subsection, may sell the unit at a public sale or by private negotiation, and at any time and place; each aspect of the sale, including the method, advertising, time, place, and terms must be reasonable; the association shall give reasonable written notice to the unit owner and a lessee of the unit owner of the time and place of the public sale or, if a private sale is intended, of the intention of entering into a contract to sell and of the time after which a private disposition may be made; the same notice must also be sent to any other person who has a recorded interest in the unit that would be cut off by the sale, but only if the recorded interest was on record seven weeks before the date specified in the notice as the date of a public sale or seven weeks before the date specified in the notice as the date after which a private sale may be made; the notices required by this subsection may be sent to any address reasonable in the circumstances; sale may not be held until five weeks after the sending of the notice; the association may buy at a public sale and, if the sale is conducted by a fiduciary or other person not related to the association, at a private sale;  (2) unless otherwise agreed, the debtor is liable for any deficiency in a foreclosure sale under AS 09.45.170 ;  (3) the proceeds of a foreclosure sale must be applied in the following order:  (A) the reasonable expenses of sale;  (B) the reasonable expenses of securing possession before sale including holding, maintaining, and preparing the unit for sale, payment of taxes and other governmental charges, premiums on hazard and liability insurance;  (C) satisfaction of the lien of the association;  (D) satisfaction in the order of priority of a subordinate claim of record; and  (E) remittance of any excess to the unit owner;  (4) a good faith purchaser for value acquires the unit free of the association's debt that gave rise to the [NAME] under which the foreclosure sale occurred and any subordinate interest, even though the association or other person conducting the sale failed to comply with the requirements of this section; the person conducting the sale shall execute a conveyance to the purchaser sufficient to convey the unit and stating that it is executed after a foreclosure of the association's [NAME] by power of sale and that person conducting the sale was empowered to make the sale; signature and title or authority of the person signing the conveyance as grantor and a recital of the facts of nonpayment of the assessment and of the giving of the notices required by this subsection are sufficient proof of the facts recited and of the authority of the person to sign; further proof of authority is not required even if the association is named as grantee in the conveyance;  (5) at any time before the association has disposed of a unit in a cooperative or entered into a contract for its disposition under the power of sale, the unit owner or the holder of a subordinate security interest may cure the default of the unit owner and prevent sale or other disposition by tendering the performance due under the security agreement, including an amount due because of exercise of a right to accelerate, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
ALABAMA | Condo:  Six months prior to actual foreclosure date. | [NAME] 35-8-17 (3) | The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses, limited common expenses or otherwise, together with interest thereon and, if authorized by the declaration or bylaws, reasonable attorney's fees. Such [NAME] shall be effective from and after the time of recording in the public records of the county in which the unit is located of a claim of [NAME] stating the description of the unit, the name of the record owner, the amount due and the date when due. Such claim of [NAME] shall include only sums which are due and payable when the claim of [NAME] is recorded and shall be signed and verified by an officer or agent of the association. Upon full payment of all sums secured by the [NAME], the party making payment shall be entitled to a recordable satisfaction of [NAME]. All such liens shall be subordinate to any lien for taxes, the lien of any mortgage of record and any other lien recorded prior to the time of recording of the claim of the association's [NAME].  (1) Upon any voluntary conveyance of a unit, the grantor and grantee of such unit shall be jointly and severally liable for all unpaid assessments pertaining to such unit duly made by the association or accrued up to the date of such conveyance without prejudice to the right of the grantee to recover from the grantor any amounts paid by the grantee, but the grantee shall be exclusively liable for those accruing while he is the unit owner.  (2) Any unit owner or any purchaser of a unit prior to completion of a voluntary sale may require from the association a certificate showing the amount of unpaid assessments pertaining to such unit, and the association shall provide such certificate within 10 days after request therefor. The holder of a mortgage or other lien on any unit may request a similar certificate with respect to such unit. Any person other than the unit owner at the time of issuance of any such certificate who relies upon such certificate shall be entitled to rely thereon, and his liability for such unpaid assessments shall be limited to the amounts set forth in such certificate.  (3) If a holder of a first lien of record or other purchaser of a unit obtains title to such unit as a result of foreclosure of the first lien, such acquirer of title, his successors and assigns shall not be fully liable for the share of common expenses, limited common expenses or other assessments by the association pertaining to such unit or chargeable to the former unit owner which became due prior to acquisition of title as a result of the foreclosure. Such unpaid share of common expenses, limited common expenses or other assessments shall be deemed to be common expenses or limited common expenses collectable from all of the remaining unit owners including such acquirer, his successors and assigns.  (4) Liens for unpaid assessments may be foreclosed by an action brought in the name of the association in the same manner as a foreclosure of a mortgage on real property. The association shall have the power, unless prohibited by the declaration or bylaws, to bid in the unit at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. An action to recover a money judgment for unpaid assessments may be maintained without waiving the [NAME] securing the same. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
 | HOA: Pay all |  |  | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
ARKANSAS | Condo and HOA: Pay all |  | Not provided - Generally this is not disputed since we are responsible for all charges | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
ARIZONA | Condo and HOA: Actual foreclosure date forward | AZ Condo Act  Chapter 9 33-1256 | A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association's [NAME] for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been delinquent in the payment of monies secured by the [NAME], excluding reasonable collection fees, reasonable attorney fees and charges for late payment of and costs incurred with respect to those assessments, for a period of one year or in the amount of one thousand two hundred dollars or more, whichever occurs first. Fees, charges, late charges, monetary penalties and interest charged pursuant to section 33-1242, subsection A, paragraphs 10, 11 and 12, other than charges for late payment of assessments, are not enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due. The association has a lien for fees, charges, late charges, other than charges for late payment of assessments, monetary penalties or interest charged pursuant to section 33-1242, subsection A, paragraphs 10, 11 and 12 after the entry of a judgment in a civil suit for those fees, charges, late charges, monetary penalties or interest from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder as otherwise provided by law. The association's [NAME] for monies other than for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may not be foreclosed and is effective only on conveyance of any interest in the real property.  B. A lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments under this section is prior to all other liens, interests and encumbrances on a unit except:  1. Liens and encumbrances recorded before the recordation of the declaration.  2. A recorded first mortgage on the unit, a seller's interest in a first contract for sale pursuant to chapter 6, article 3 of this title on the unit recorded prior to the [NAME] arising pursuant to subsection A of this section or a recorded first deed of trust on the unit.  3. Liens for real estate taxes and other governmental assessments or charges against the unit.  C. Subsection B of this section does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the association. The lien under this section is not subject to chapter 8 of this title.  D. Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.  E. Recording of the declaration constitutes record notice and perfection of the lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments. Further recordation of any claim of [NAME] for assessments under this section is not required.  F. A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessments becomes due.  G. This section does not prohibit actions to recover sums for which subsection A of this section creates a lien or does not prohibit an association from taking a deed in lieu of foreclosure.  H. A judgment or decree in any action brought under this section shall include costs and reasonable attorney fees for the prevailing party.  I. The association on written request shall furnish to a lienholder, escrow agent, unit owner or person designated by a unit owner a statement setting forth the amount of unpaid assessments against the unit. The statement shall be furnished within fifteen days after receipt of the request and the statement is binding on the association, the board of directors and every unit owner if the statement is requested by an escrow agency that is licensed pursuant to title 6, chapter 7. Failure to provide the statement to the escrow agent within the time provided for in this subsection shall extinguish any [NAME] for any unpaid assessment then due.  J. The association shall record in the office of the county recorder in the county in which the condominium is located a notice stating the name of the association or designated agent or management company for the association, the address for the association and the telephone number of the association or its designated agent or management company. The notice shall include the name of the condominium community, the date of the recording and the recorded instrument number or book and page for the main document that constitutes the declaration. If an association's address, designated agent or management company changes, the association shall amend its notice or record a new notice within ninety days after the change.   K. Notwithstanding any provision in the condominium documents or in any contract between the association and a management company, unless the member directs otherwise, all payments received on a member's account shall be applied first to any unpaid assessments, for unpaid charges for late payment of those assessments, for reasonable collection fees and for unpaid attorney fees and costs incurred with respect to those assessments, in that order, with any remaining amounts applied next to other unpaid fees, charges and monetary penalties or interest and late charges on any of those amounts.   L. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
CALIFORNIA | Condo and HOA: Actual foreclosure date forward | http://law.justia.com/california/codes/pen/1367-1376.html | Section 1367. Assessment Is Debt of Owner - Lien Against Interest. Statute text (a) A regular or special assessment and any late charges, reasonable costs of collection, and interest, as assessed in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied. Before an association may place a lien upon the separate interest of an owner to collect a debt which is past due under this subdivision, the association shall notify the owner in writing by certified mail of the fee and penalty procedures of the association, provide an itemized statement of the charges owed by the owner, including items on the statement which indicate the principal owed, any late charges and the method of calculation, any attorney’s fees, and the collection practices used by the association, including the right of the association to the reasonable costs of collection. In addition, any payments toward such a debt shall first be applied to the principal owed, and only after the principal owed is paid in full shall such payments be applied to interest or collection expenses. (b) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with Section 1366, shall be a lien on the owner’s interest in the common interest development from and after the time the association causes to be recorded with the county recorder of the county in which the separate interest is located, a notice of delinquent assessment, which shall state the amount of the assessment and other sums imposed in accordance with Section 1366, a legal description of the owner’s interest in the common interest development against which the assessment and other sums are levied, the name of the record owner of the owner’s interest in the common interest development against which the [NAME] is imposed, and, in order for the lien to be enforced by nonjudicial foreclosure as provided in subdivision (d) the name and address of the trustee authorized by the association to enforce the [NAME] by sale. The notice of delinquent assessment shall be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association, and mailed in the manner set forth in Section 2924b, to all record owners of the owner’s interest in the common interest development no later than 10 calendar days after recordation. Upon payment of the sums specified in the notice of delinquent assessment, the association shall cause to be recorded a further notice stating the satisfaction and release of the [NAME]. A monetary penalty imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common areas and facilities for which the member or the member’s guests or tenants were responsible may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c, provided the authority to impose a lien is set forth in the governing documents. It is the intent of the Legislature not to contravene Section 2792.26 of Title 10 of the California Code of Regulations, as that section appeared on January 1, 1996, for associations of subdivisions that are being sold under authority of a subdivision public report, pursuant to Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code. (c) Except as indicated in subdivision (b), a monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing instruments, except for the late payments, may not be characterized nor treated in the governing instruments as an assessment which may become a lien against the member’s subdivision interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c. (d) A lien created pursuant to subdivision (b) shall be prior to all other liens recorded subsequent to the notice of assessment, except that the declaration may provide for the subordination thereof to any other liens and encumbrances. (e) After the expiration of 30 days following the recording of a lien created pursuant to subdivision (b), the [NAME] may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a. Any sale by the trustee shall be conducted in accordance with the provisions of Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trusts. (f) Nothing in this section or in subdivision (a) of Section 726 of the Code of Civil Procedure prohibits actions against the owner of a separate interest to recover sums for which a lien is created pursuant to this section or prohibits an association from taking a deed in lieu of foreclosure. (g) This section only applies to liens recorded on or after January 1, 1986. History (1985 ch. 874, 1986 ch. 9 urgency eff. Feb. 25, 1986, 1996 ch. 1101) § 1368. Documents to be Furnished to Prospective Purchaser; Liability For Failure to Comply. Statute text (a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor, as defined in Section 2985, provide the following to the prospective purchaser: (1) A copy of the governing documents of the common interest development. (2) If there is a restriction in the governing documents limiting the occupancy, residency, or use of a separate interest on the basis of age in a manner different from that provided in Section 51.3, a statement that the restriction is only enforceable to the extent permitted by Section 51.3 and a statement specifying the applicable provisions of Section 51.3. (3) A copy of the most recent documents distributed pursuant to Section 1365. (4) A true statement in writing from an authorized representative of the association as to the amount of the association’s current regular and special assessments and fees, as well as any assessments levied upon the owner’s interest in the common interest development which are unpaid on the date of the statement. The statement shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the owner’s interest in a common interest development pursuant to Section 1367. (5) A copy of the preliminary list of defects provided to each member of the association pursuant to Section 1375, unless the association and the builder subsequently enter into a settlement agreement or otherwise resolve the matter and the association complies with Section 1375.1. Disclosure of the preliminary list of defects pursuant to this paragraph shall not waive any privilege attached to the document. The preliminary list of defects shall also include a statement that a final determination as to whether the list of defects is accurate and complete has not been made. (6) A copy of the latest information provided for in Section 1375.1. (7) Any change in the association’s current regular and special assessments and fees which have been approved by the association’s board of directors, but have not become due and payable as of the date disclosure is provided pursuant to this subdivision. (b) Upon written request, an association shall, within 10 days of the mailing or delivery of the request, provide the owner of a separate interest with a copy of the requested items specified in paragraphs (1) to (7), inclusive, of subdivision (a). The association may charge a fee for this service, which shall not exceed the association’s reasonable cost to prepare and reproduce the requested items. (c) An association shall not impose or collect any assessment, penalty, or fee in connection with a transfer of title or any other interest except the association’s actual costs to change its records and that authorized by subdivision (b). (d) Any person or entity who willfully violates this section shall be liable to the purchaser of a separate interest which is subject to this section for actual damages occasioned thereby and, in addition, shall pay a civil penalty in an amount not to exceed five hundred dollars ($500). In an action to enforce this liability, the prevailing party shall be awarded reasonable attorneys’ fees. (e) Nothing in this section affects the validity of title to real property transferred in violation of this section. (f) In addition to the requirements of this section, an owner transferring title to a separate interest shall comply with applicable requirements of Sections 1133 and 1134. History (1985 ch. 1596, 1987 ch. 596, 1991 ch. 412, 1995 ch. 199, 1997 ch. 632) | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
COLORADO | HOA and Condo:  Six months prior to actual foreclosure date. | CO Common Interest Property Owners Act 38-33.3-316(I) | 38-33.3-316. [NAME] for assessments. (1) The association, if such association is incorporated or organized as a limited liability company, has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, fees, charges, late charges, attorney fees, fines, and interest charged pursuant to section 38-33.3-302 (1) (j), (1) (k), and (1) (l), section 38-33.3-313 (6), and section 38-33.3-315 (2) are enforceable as assessments under this article. The amount of the lien shall include all those items set forth in this section from the time such items become due. If an assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid association's acceleration of installment obligations. (2) (a) A lien under this section is prior to all other liens and encumbrances on a unit except: (I) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes, or takes subject to; (II) A security interest on the unit which has priority over all other security interests on the unit and which was recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, a security interest encumbering only the unit owner's interest which has priority over all other security interests on the unit and which was perfected before the date on which the assessment sought to be enforced became delinquent; and (III) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative. (b) Subject to paragraph (d) of this subsection (2), a lien under this section is also prior to the security interests described in subparagraph (II) of paragraph (a) of this subsection (2) to the extent of: (I) An amount equal to the common expense assessments based on a periodic budget adopted by the association under section 38-33.3-315 (1) which would have become due, in the absence of any acceleration, during the six months immediately preceding institution by either the association or any party holding a lien senior to any part of the association [NAME] created under this section of an action or a nonjudicial foreclosure either to enforce or to extinguish the [NAME]. (II) (Deleted by amendment, L. 93, p. 653, § 21, effective April 30, 1993.) (c) This subsection (2) does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the association. A lien under this section is not subject to the provisions of part 2 of article 41 of this title or to the provisions of section 15-11-201, C.R.S. (d) The association shall have the statutory [NAME] described in subsection (1) of this section for any assessment levied or fine imposed after June 30, 1992. Such [NAME] shall have the priority described in this subsection (2) if the other lien or encumbrance is created after June 30, 1992. (3) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority. (4) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of [NAME] for assessments is required. (5) A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within six years after the full amount of assessments become due. (6) This section does not prohibit actions or suits to recover sums for which subsection (1) of this section creates a lien or to prohibit an association from taking a deed in lieu of foreclosure. (7) The association shall be entitled to costs and reasonable attorney fees incurred by the association in a judgment or decree in any action or suit brought by the association under this section. (8) The association shall furnish to a unit owner or such unit owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be furnished within fourteen calendar days after receipt of the request and is binding on the association, the executive board, and every unit owner. If no statement is furnished to the unit owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the association shall have no right to assert a [NAME] upon the unit for unpaid assessments which were due as of the date of the request. (9) In any action by an association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the unit owner to collect all sums alleged to be due from the unit owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the association during the pending of the action to the extent of the association's common expense assessments. (10) In a cooperative, upon nonpayment of an assessment on a unit, the unit owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and the [NAME] may be foreclosed as provided by this section. (11) The association's [NAME] may be foreclosed by any of the following means: (a) In a condominium or planned community, the association's [NAME] may be foreclosed in like manner as a mortgage on real estate. (b) In a cooperative whose unit owners' interests in the units are real estate as determined in accordance with the provisions of section 38-33.3-105, the association's [NAME] must be foreclosed in like manner as a mortgage on real estate. (c) In a cooperative whose unit owners' interests in the units are personal property, as determined in accordance with the provisions of section 38-33.3-105, the association's [NAME] must be foreclosed as a security interest under the "Uniform Commercial Code", title 4, C.R.S. Source: L. 91: Entire article added, p. 1753, § 1, effective July 1, 1992. L. 93: (1), (2)(b), (4), and (8) amended and (2)(d) added, p. 653, § 21, effective April 30. L. 98: (1) amended, p. 485, § 19, effective July 1. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
CONNECTICUT | HOA and Condo:  Six months prior to actual foreclosure date. | CT Common Interest Ownership Act Ch 828-47-258 | Sec. 47-258. [NAME] for assessments. (a) The association has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to subdivisions (10), (11) and (12) of subsection (a) of section 47-244 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.        (b) A lien under this section is prior to all other liens and encumbrances on a unit except (1) liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to, (2) a first or second security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, a first or second security interest encumbering only the unit owner's interest and perfected before the date on which the assessment sought to be enforced became delinquent, and (3) liens for real property taxes and other governmental assessments or charges against the unit or cooperative. The [NAME] is also prior to all security interests described in subdivision (2) of this subsection to the extent of (A) an amount equal to the common expense assessments based on the periodic budget adopted by the association pursuant to subsection (a) of section 47-257 which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce either the association's [NAME] or a security interest described in subdivision (2) of this subsection and (B) the association's costs and attorney's fees in enforcing its lien. A lien for any assessment or fine specified in subsection (a) of this section shall have the priority provided for in this subsection in an amount not to exceed the amount specified in subparagraph (A) of this subsection. This subsection does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the association.        (c) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.        (d) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of [NAME] for assessment under this section is required.        (e) A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within two years after the full amount of the assessments becomes due; provided, that if an owner of a unit subject to a lien under this section files a petition for relief under the United States Bankruptcy Code, the period of time for instituting proceedings to enforce the association's [NAME] shall be tolled until thirty days after the automatic stay of proceedings under Section 362 of the Bankruptcy Code is lifted.        (f) This section does not prohibit actions to recover sums for which subsection (a) of this section creates a lien or prohibit an association from taking a deed in lieu of foreclosure.        (g) A judgment or decree in any action brought under this section shall include costs and reasonable attorney's fees for the prevailing party.        (h) The association on written request shall furnish to a unit owner a statement in recordable form setting forth the amount of unpaid assessments against the unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board and every unit owner.        (i) In a cooperative, on nonpayment of an assessment on a unit, the unit owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a tenant, and the [NAME] may be foreclosed as provided by this section.        (j) The association's [NAME] may be foreclosed in like manner as a mortgage on real property.        (k) In any action by the association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the unit owner pursuant to section 52-504 to collect all sums alleged to be due from that unit owner prior to or during the pendency of the action. The court may order the receiver to pay any sums held by the receiver to the association during the pendency of the action to the extent of the association's common expense assessments based on a periodic budget adopted by the association pursuant to subsection (a) of section 47-257.        (l) If a holder of a first or second security interest on a unit forecloses that security interest, the purchaser at the foreclosure sale is not liable for any unpaid assessments against that unit which became due before the sale, other than the assessments which are prior to that security interest under subsection (b) of this section. Any unpaid assessments not satisfied from the proceeds of sale become common expenses collectible from all the unit owners, including the purchaser.        (P.A. 83-474, S. 59, 96; P.A. 84-472, S. 16, 23; P.A. 89-254, S. 14; P.A. 91-341, S. 15, 19; 91-359, S. 1, 2; P.A. 95-187, S. 22.)        History: P.A. 84-472 amended Subsec. (a) by replacing "due" with "delinquent", amended Subsec. (b) by adding "or a security interest described in subdivision (2) of this subsection", deleted former Subsec. (k) prohibiting a unit owner exempting himself from liability for payment of common expenses and reenacted such provision as part of Sec. 47-257, and added new Subsec. (k) re the appointment of a receiver, new Subsec. (l) re the treatment of a statutory lien for assessments in determining if a security interest held by a savings bank is a first lien, and new Subsec. (m) re the liability for unpaid assessments against a unit sold at a foreclosure sale; P.A. 89-254 amended Subsec. (i) by deleting "commercial" before "tenant"; P.A. 91-341 amended Subsec. (b) to provide that the [NAME] has priority to the extent of (A) an amount equal to 12 months', rather than 6 months', common expense assessments and (B) the association's court costs and attorney's fees, and to provide that the lien for any assessment or fine specified in Subsec. (a) shall have priority in an amount not to exceed the amount specified in Subpara. (A) of this [NAME].; P.A. 91-359 amended Subsec. (b) by replacing "twelve months" with "six months" in Subpara. (A) and "association's court costs" with "association's costs" in Subpara. (B); P.A. 95-187 amended Subsec. (a) to delete provision specifying that the lien in favor of the association runs "from the time the assessment or fine becomes delinquent" and deleted former Subsec. (l) which had required that statutory [NAME] for assessments be treated as a tax lien for purposes of determining whether a security interest held by a savings bank is a first lien under section 36-99(1)(d)(1), relettering former Subsec. (m) as Subsec. (l).        Authorizes inclusion of attorney's fees and costs in sums entitled to a priority. 223 C. 610.        Cited. 39 CA 736. Authorizes inclusion of costs of collection as part of the [NAME] and authorizes inclusion of attorney's fees and costs in the sums entitled to priority. 49 CA 694.        [NAME]. (j):        Deficiency judgment rendered pursuant to Sec. 49-14 may be obtained in condominium [NAME] foreclosure actions pursuant to this subsec. 255 C. 379. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
DISTRICT OF COLUMBIA | HOA and Condo:  Six months prior to actual foreclosure date. | DC Condominium Act Section 42-1903.13 | Section 42-1903.13. [NAME] for assessments against units; priority; recordation not required; enforcement by sale; notice to delinquent owner and public; distribution of proceeds; power of executive board to purchase unit at sale; limitation; costs and attorneys' fees; statement of unpaid assessments; liability upon transfer of unit.  (a) Any assessment levied against a condominium unit in accordance with the provisions of this chapter and any lawful provision of the condominium instruments shall, from the time the assessment becomes due and payable, constitute a lien in favor of the unit owners' association on the condominium unit to which the assessment pertains. If an assessment is payable in installments, the full amount of the assessment shall be a lien from the time the first installment becomes due and payable.  (1) The lien shall be prior to any other [NAME] or encumbrance except:  (A) A lien or encumbrance recorded prior to the recordation of the declaration;  (B) A first mortgage for the benefit of an institutional lender or a first deed of trust for the benefit of an institutional lender on the unit recorded before the date on which the assessment sought to be enforced became delinquent; or  (C) A lien for real estate taxes or municipal assessments or charges against the unit.  (2) The lien shall also be prior to a mortgage or deed of trust described in paragraph (1)(B) of this subsection and recorded after March 7, 1991, to the extent of the common expense assessments based on the periodic budget adopted by the unit owners' association which would have become due in the absence of acceleration during the 6 months immediately preceding institution of an action to enforce the lien. The immediately preceding institution of an action to enforce the [NAME]. [sic] The provisions of this subsection shall not affect the priority of mechanics' or materialmen's [NAME].  (b) The recording of the condominium instruments pursuant to the provisions of this chapter shall constitute record notice of the existence of such [NAME] and no further recordation of any claim of [NAME] for assessment shall be required.  (c)(1) The unit owners' association shall have the power of sale to enforce a lien for an assessment against a condominium unit if an assessment is past due, unless the condominium instruments provide otherwise. Any language contained in the condominium instruments that authorizes specific procedures by which a unit owners' association may recover sums for which subsection (a) of this section creates a lien, shall not be construed to prohibit a unit owners' association from foreclosing on a unit by the power of sale procedures set forth in this section unless the power of sale procedures are specifically and expressly prohibited by the condominium instruments.  (2) A unit owner shall have the right to cure any default in payment of an assessment at any time prior to the foreclosure sale by tendering payment in full of past due assessments, plus any late charge or interest due and reasonable attorney's fees and costs incurred in connection with the enforcement of the lien for the assessment.  (3) The power of sale may be exercised by the executive board on behalf of the unit owners' association, and the executive board shall have the authority to deed a unit sold at a foreclosure sale by the unit owners' association to the purchaser at the sale. The recitals in the deed shall be prima facie evidence of the truth of the statement made in the deed and conclusive evidence in favor of bona fide purchasers for value.  (4) A foreclosure sale shall not be held until 30 days after notice is sent by certified mail to a unit owner at the mailing address of the unit and at any other address designated by the unit owner to the executive board for purpose of notice. A copy of the notice shall be sent to the Mayor or the Mayor's designated agent at least 30 days in advance of the sale. The notice shall specify the amount of any assessment past due and any accrued interest or late charge, as of the date of the notice. The notice shall notify the unit owner that if the past due assessment and accrued interest or late charge are not paid within 30 days after the date the notice is mailed, the executive board shall sell the unit at a public sale at the time, place, and date stated in the notice.  (5) The date of sale shall not be sooner than 31 days from the date the notice is mailed. The executive board shall give public notice of the foreclosure sale by advertisement in at least 1 newspaper of general circulation in the District of Columbia and by any other means the executive board deems necessary and appropriate to give notice of sale. The newspaper advertisement shall appear on at least 3 separate days during the 15-day period prior to the date of the sale.   (6) The proceeds of a sale shall be applied:  (A) To any unpaid assessment with interest or late charges;  (B) To the cost of foreclosure, including but not limited to, reasonable attorney's fees; and  (C) The balance to any person legally entitled to the proceeds.  (d) Unless the condominium instruments provide otherwise, the executive board shall have the power to purchase on behalf of the unit owners' association any unit at any foreclosure sale held on such unit. The executive board may take title to such unit in the name of the unit owners' association and may hold, lease, encumber or convey the same on behalf of the unit owners' association.  (e) The lien for assessments provided herein shall lapse and be of no further effect as to unpaid assessments (or installments thereof) together with interest accrued thereon and late charges, if any, if such [NAME] is not discharged or if foreclosure or other proceedings to enforce the [NAME] have not been instituted within 3 years from the date such assessment (or any installment thereof) become due and payable.  (f) The judgment or decree in an action brought pursuant to this section shall include, without limitation, reimbursement for costs and attorneys' fees.  (g) Nothing in this section shall be construed to prohibit actions at law to recover sums for which subsection (a) of this section creates a lien, maintainable pursuant to Section 42-1902.09.  (h) Any unit owner or purchaser of a condominium unit shall be entitled upon request to a recordable statement setting forth the amount of unpaid assessments currently levied against that unit. Such request shall be in writing, directed to the principal officer of the unit owners' association or to such other officer as the condominium instruments may specify. Failure to furnish or make available such a statement within 10 days from the receipt of such request shall extinguish the [NAME] created by subsection (a) of this section as to the condominium unit involved. Such statement shall be binding on the unit owners' association, the executive board, and every unit owner. Payment of a reasonable fee may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.  (i) Upon any voluntary transfer of a legal or equitable interest in a condominium unit, except as security for a debt, all unpaid common expense assessments or installments thereof then due and payable from the grantor shall be paid or else the grantee shall become jointly and severally liable with the grantor subject to the provisions of subsection (h) of this section. Upon any involuntary transfer of a legal or equitable interest in a condominium unit, however, the transferee shall not be liable for such assessments or installments thereof as became due and payable prior to his acquisition of such interest. To the extent not collected from the predecessor in such title of such transferee, such arrears shall be deemed common expenses, collectible from all unit owners (including such transferee) in proportion to their liabilities for common expenses pursuant to Section 42-1903.12(c).  (j) In addition to any other right or power conferred by this section, the executive board shall have the power to suspend the voting rights in the unit owners' association of any unit owner who is in arrears in his payment of a common expense assessment by more than 30 days, and the suspension may remain in effect until the assessment has been paid in full. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
DELAWARE | Condo and HOA: Six months prior to actual foreclosure date. | DE Unit Property Act 25-81-316 | § 81-316 …The lien shall have priority over the security interests described in paragraph (ii) above for an amount not to exceed the aggregate customary common expense assessment against such unit for 6 months as determined by the periodic budget adopted by the association pursuant to § 81-315(a) of this title… | The listing agent is to provide a statement that includes no more than six monthls prior to the foreclosure date. The statement shall be prorated to the exact day of start on the beginning of the next month at the ooption of the Association. The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
FLORIDA | Condo: Lesser of twelve months prior to actual foreclosure date or 1% of the original unpaid balance | FL State 718.116 | 718.116  Assessments; liability; [NAME] and priority; interest; collection.--   (1)(a)  A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner.   (b)  The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due prior to the mortgagee's acquisition of title is limited to the lesser of:   1.  The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 6 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or   2.  One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. [NAME] the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee.   (c)  The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. Failure to pay the full amount when due shall entitle the association to record a claim of [NAME] against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments.   (d)  With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the declaration or bylaws, except to the extent that the declaration or bylaws may provide to the contrary.   (e)  Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply.   (f)  The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. Notwithstanding the provisions of chapter 48, the association shall be a proper party to intervene in any foreclosure proceeding to seek equitable relief.   (g)  For purposes of this subsection, the term "successor or assignee" as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage.   (2)  The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.   (3)  Assessments and installments on them which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. This rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest shall accrue at the rate of 18 percent per year. Also, if the declaration or bylaws so provide, the association may charge an administrative late fee in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late. Any payment received by an association shall be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee shall not be subject to the provisions in chapter 687 or s. 718.303(3).   (4)  If the association is authorized by the declaration or bylaws to approve or disapprove a proposed lease of a unit, the grounds for disapproval may include, but are not limited to, a unit owner being delinquent in the payment of an assessment at the time approval is sought.   (5)(a)  The association has a lien on each condominium parcel to secure the payment of assessments. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of [NAME] on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. However, as to first mortgages of record, the lien is effective from and after recording of a claim of [NAME] in the public records of the county in which the condominium parcel is located. Nothing in this subsection shall be construed to bestow upon any lien, mortgage, or certified judgment of record on April 1, 1992, including the lien for unpaid assessments created herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date.   (b)  To be valid, a claim of [NAME] must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. It must be executed and acknowledged by an officer or authorized agent of the association. No such lien shall be effective longer than 1 year after the claim of [NAME] was recorded unless, within that time, an action to enforce the [NAME] is commenced. The 1-year period shall automatically be extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel. The claim of [NAME] shall secure all unpaid assessments which are due and which may accrue subsequent to the recording of the claim of [NAME] and prior to the entry of a certificate of title, as well as interest and all reasonable costs and attorney's fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien.   (c)  By recording a notice in substantially the following form, a unit owner or the unit owner's agent or attorney may require the association to enforce a recorded claim of [NAME] against his or her condominium parcel:     NOTICE OF CONTEST OF LIEN   TO:  (Name and address of association)  You are notified that the undersigned contests the claim of [NAME] filed by you on _____,  (year) , and recorded in Official Records Book _____ at Page _____, of the public records of _____ County, Florida, and that the time within which you may file suit to enforce your [NAME] is limited to 90 days from the date of service of this notice. Executed this _____ day of _____,  (year) .      Signed:  (Owner or Attorney)     After notice of contest of [NAME] has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of [NAME] or most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the [NAME]; and, if the action is not filed within the 90-day period, the [NAME] is void. However, the 90-day period shall be extended for any length of time that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel.  (6)(a)  The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of [NAME]. The association is entitled to recover its reasonable attorney's fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments.   (b)  No foreclosure judgment may be entered until at least 30 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments. If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of [NAME] is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney's fees or costs. The notice must be given by delivery of a copy of it to the unit owner or by certified or registered mail, return receipt requested, addressed to the unit owner at his or her last known address; and, upon such mailing, the notice shall be deemed to have been given, and the court shall proceed with the foreclosure action and may award attorney's fees and costs as permitted by law. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of [NAME] as provided in subsection (5). The notice requirements of this subsection do not apply if an action to foreclose a mortgage on the condominium unit is pending before any court; if the rights of the association would be affected by such foreclosure; and if actual, constructive, or substitute service of process has been made on the unit owner.   (c)  If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver shall be paid by the party which does not prevail in the foreclosure action.   (d)  The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it.   (7)  A first mortgagee acquiring title to a condominium parcel as a result of foreclosure, or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership.   (8)  Within 15 days after receiving a written request therefor from a unit owner or his or her designee, or a unit mortgagee or his or her designee, the association shall provide a certificate signed by an officer or agent of the association stating all assessments and other moneys owed to the association by the unit owner with respect to the condominium parcel.   (a)  Any person other than the owner who relies upon such certificate shall be protected thereby.   (b)  A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney's fees.   (c)  Notwithstanding any limitation on transfer fees contained in s. 718.112(2)(i), the association or its authorized agent may charge a reasonable fee for the preparation of the certificate. The amount of the fee must be included on the certificate.   (d)  The authority to charge a fee for the certificate shall be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is payable upon the preparation of the certificate. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section.   (9)(a)  A unit owner may not be excused from payment of the unit owner's share of common expenses unless all other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases:   1.  If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. However, the developer must pay common expenses incurred during such period which exceed regular periodic assessments against other unit owners in the same condominium. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. If a developer-controlled association has maintained all insurance coverage required by [NAME]), common expenses incurred during the stated period resulting from a natural disaster or an act of God occurring during the stated period, which are not covered by proceeds from insurance maintained by the association, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their respective successors and assigns, including the developer with respect to units owned by the developer. In the event of such an assessment, all units shall be assessed in accordance with s. 718.115(2).   2.  A developer who owns condominium units, and who is offering the units for sale, may be excused from payment of assessments against those unsold units for the period of time the developer has guaranteed to all purchasers or other unit owners in the same condominium that assessments will not exceed a stated dollar amount and that the developer will pay any common expenses that exceed the guaranteed amount. Such guarantee may be stated in the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of the unit owners other than the developer and may provide that, after the initial guarantee period, the developer may extend the guarantee for one or more stated periods. If a developer-controlled association has maintained all insurance coverage required by [NAME]), common expenses incurred during a guarantee period, as a result of a natural disaster or an act of God occurring during the same guarantee period, which are not covered by the proceeds from such insurance, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their successors and assigns, including the developer with respect to units owned by the developer. Any such assessment shall be in accordance with s. 718.115(2) or (4), as applicable.   (b)  If the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of unit owners other than the developer provides for the developer to be excused from payment of assessments under paragraph (a), only regular periodic assessments for common expenses as provided for in the declaration and prospectus and disclosed in the estimated operating budget shall be used for payment of common expenses during any period in which the developer is excused. Accordingly, no funds which are receivable from unit purchasers or unit owners and payable to the association, including capital contributions or startup funds collected from unit purchasers at closing, may be used for payment of such common expenses.   (c)  If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developer's financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows:   1.  The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium.   2.  The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium.   (10)  The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. 718.111(11), approved in accordance with the condominium documents shall be set forth in a written notice of such assessment sent or delivered to each unit owner. The funds collected pursuant to a special assessment shall be used only for the specific purpose or purposes set forth in such notice. However, upon completion of such specific purpose or purposes, any excess funds will be considered common surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward future assessments.   History.--s. 1, ch. 76-222; s. 1, ch. 77-174; s. 9, ch. 77-221; s. 7, ch. 77-222; s. 6, ch. 78-328; s. 8, ch. 84-368; s. 12, ch. 90-151; s. 9, ch. 91-103; ss. 4, 5, ch. 91-426; s. 6, ch. 92-49; s. 10, ch. 94-350; s. 87, ch. 95-211; s. 856, ch. 97-102; s. 7, ch. 98-322; s. 33, ch. 99-6; s. 1, ch. 2000-201; s. 56, ch. 2000-302; s. 7, ch. 2003-14; s. 6, ch. 2007-80; s. 5, ch. 2008-240. | The listing agent is to provide a statement that includes no more than twelve months prior to the foreclosure date and shall be limited to 1% of the unpaid principle balance.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 16th, 2008 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
 | HOA: Twelve months prior to actual foreclosure date | FL State 720.3085 | 720.3085  Payment for assessments; [NAME]   (1)  When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section. Except as otherwise set forth in this section, the lien is effective from and shall relate back to the date on which the original declaration of the community was recorded. However, as to first mortgages of record, the lien is effective from and after recording of a claim of [NAME] in the public records of the county in which the parcel is located. This subsection does not bestow upon any lien, mortgage, or certified judgment of record on July 1, 2008, including the lien for unpaid assessments created in this section, a priority that, by law, the lien, mortgage, or judgment did not have before July 1, 2008.   (a)  To be valid, a claim of [NAME] must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of [NAME] shall secure all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of [NAME] and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorney's fees incurred by the association incident to the collection process. The person making the payment is entitled to a satisfaction of the [NAME] upon payment in full.   (b)  By recording a notice in substantially the following form, a parcel owner or the parcel owner's agent or attorney may require the association to enforce a recorded claim of [NAME] against his or her parcel:     NOTICE OF CONTEST OF LIEN    TO:  (Name and address of association)     You are notified that the undersigned contests the claim of [NAME] filed by you on _____,  (year) , and recorded in Official Records Book _____ at page _____, of the public records of _____ County, Florida, and that the time within which you may file suit to enforce your [NAME] is limited to 90 days following the date of service of this notice. Executed this _____ day of _____,  (year) .    Signed:  (Owner or Attorney)     After the notice of a contest of [NAME] has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of [NAME] or the most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the [NAME] and, if the action is not filed within the 90-day period, the [NAME] is void. However, the 90-day period shall be extended for any length of time that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the parcel owner or by any other person claiming an interest in the parcel.  (c)  The association may bring an action in its name to foreclose a lien for assessments in the same manner in which a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of [NAME]. The association is entitled to recover its reasonable attorney's fees incurred in an action to foreclose a lien or an action to recover a money judgment for unpaid assessments.   (d)  If the parcel owner remains in possession of the parcel after a foreclosure judgment has been entered, the court may require the parcel owner to pay a reasonable rent for the parcel. If the parcel is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver must be paid by the party who does not prevail in the foreclosure action.   (e)  The association may purchase the parcel at the foreclosure sale and hold, lease, mortgage, or convey the parcel.   (2)(a)  A parcel owner, regardless of how his or her title to property has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the parcel owner. The parcel owner's liability for assessments may not be avoided by waiver or suspension of the use or enjoyment of any common area or by abandonment of the parcel upon which the assessments are made.   (b)  A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present parcel owner may have to recover any amounts paid by the present owner from the previous owner.   (c)  Notwithstanding anything to the contrary contained in this section, the liability of a first mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee's acquisition of title, shall be the lesser of:   1.  The parcel's unpaid common expenses and regular periodic or special assessments that accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or   2.  One percent of the original mortgage debt.   The limitations on first mortgagee liability provided by this paragraph apply only if the first mortgagee filed suit against the parcel owner and initially joined the association as a defendant in the mortgagee foreclosure action. [NAME] the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location that was known to or reasonably discoverable by the mortgagee.   (3)  Assessments and installments on assessments that are not paid when due bear interest from the due date until paid at the rate provided in the declaration of covenants or the bylaws of the association, which rate may not exceed the rate allowed by law. If no rate is provided in the declaration or bylaws, interest accrues at the rate of 18 percent per year.   (a)  If the declaration or bylaws so provide, the association may also charge an administrative late fee in an amount not to exceed the greater of $25 or 5 percent of the amount of each installment that is paid past the due date.   (b)  Any payment received by an association and accepted shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. This paragraph applies notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee is not subject to the provisions of chapter 687 and is not a fine.   (4)  A homeowners' association may not file a record of [NAME] against a parcel for unpaid assessments unless a written notice or demand for past due assessments as well as any other amounts owed to the association pursuant to its governing documents has been made by the association. The written notice or demand must:   (a)  Provide the owner with 45 days following the date the notice is deposited in the mail to make payment for all amounts due, including, but not limited to, any attorney's fees and actual costs associated with the preparation and delivery of the written demand.   (b)  Be sent by registered or certified mail, return receipt requested, and by first-class United States mail to the parcel owner at his or her last address as reflected in the records of the association, if the address is within the United States, and to the parcel owner subject to the demand at the address of the parcel if the owner's address as reflected in the records of the association is not the parcel address. If the address reflected in the records is outside the United States, then sending the notice to that address and to the parcel address by first-class United States mail is sufficient.   (5)  The association may bring an action in its name to foreclose a lien for unpaid assessments secured by a lien in the same manner that a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of [NAME]. The action to foreclose the [NAME] may not be brought until 45 days after the parcel owner has been provided notice of the association's intent to foreclose and collect the unpaid amount. The notice must be given in the manner provided in paragraph (4)(b), and the notice may not be provided until the passage of the 45 days required in paragraph (4)(a).   (a)  The association may recover any interest, late charges, costs, and reasonable attorney's fees incurred in a lien foreclosure action or in an action to recover a money judgment for the unpaid assessments.   (b)  The time limitations in this subsection do not apply if the parcel is subject to a foreclosure action or forced sale of another party, or if an owner of the parcel is a debtor in a bankruptcy proceeding.   (6)  If after service of a summons on a complaint to foreclose a lien the parcel is not the subject of a mortgage foreclosure or a notice of tax certificate sale, the parcel owner is not a debtor in bankruptcy proceedings, or the trial of or trial docket for the [NAME] foreclosure action is not set to begin within 30 days, the parcel owner may serve and file with the court a qualifying offer at any time before the entry of a foreclosure judgment. For purposes of this subsection, the term "qualifying offer" means a written offer to pay all amounts secured by the lien of the association plus amounts accruing during the pendency of the offer. The parcel owner may make only one qualifying offer during the pendency of a foreclosure action. If a parcel becomes the subject of a mortgage foreclosure or a notice of tax certificate sale while a qualifying offer is pending, the qualifying offer becomes voidable at the election of the association. If the parcel owner becomes a debtor in bankruptcy proceedings while a qualifying offer is pending, the qualifying offer becomes void.   (a)  The parcel owner shall deliver a copy of the filed qualifying offer to the association's attorney by hand delivery, obtaining a written receipt, or by certified mail, return receipt requested.   (b)  The parcel owner's filing of the qualifying offer with the court stays the foreclosure action for the period stated in the qualifying offer, which may not exceed 60 days following the date of service of the qualifying offer and no sooner than 30 days before the date of trial, arbitration, or the beginning of the trial docket, whichever occurs first, to permit the parcel owner to pay the qualifying offer to the association plus any amounts accruing during the pendency of the offer.   (c)  The qualifying offer must be in writing, be signed by all owners of the parcel and the spouse of any owner if the spouse resides in or otherwise claims a homestead interest in the parcel, be acknowledged by a notary public, and be in substantially the following form:     QUALIFYING OFFER  AUTOMATIC STAY INVOKED  PURSUANT TO F.S. 720.3085    I/We, [Name(s) of Parcel Owner(s)], admit the following:  1.  The total amount due the association is secured by the lien of the association.   2.  The association is entitled to foreclose its claim of [NAME] and obtain a foreclosure judgment for the total amount due if I/we breach this qualifying offer by failing to pay the amount due by the date specified in this qualifying offer.   3.  I/We will not permit the priority of the lien of the association or the amounts secured by the lien to be endangered.   4.  I/We hereby affirm that the date(s) by which the association will receive $ [specify amount] as the total amount due is [specify date, no later than 60 days after the date of service of the qualifying offer and at least 30 days before the trial or arbitration date], in the following amounts and dates:   5.  I/We hereby confirm that I/we have requested and have received from the homeowners' association a breakdown and total of all sums due the association and that the amount offered above is equal to or greater than the total amount provided by the association.   6.  This qualifying offer operates as a stay to all portions of the foreclosure action which seek to collect unpaid assessments as provided in s. 720.3085.    Signed:  (Signatures of all parcel owners and spouses, if any)     Sworn to and subscribed this  (date)  day of  (month) ,  (year) , before the undersigned authority.    Notary Public:  (Signature of notary public)     If the parcel owner makes a qualifying offer under this subsection, the association may not add the cost of any legal fees incurred by the association within the period of the stay other than costs acquired in defense of a mortgage foreclosure action concerning the parcel, a bankruptcy proceeding in which the parcel owner is a debtor, or in response to filings by a party other than the association in the lien foreclosure action of the association.   (7)  If the parcel owner breaches the qualifying offer, the stay shall be vacated and the association may proceed in its action to obtain a foreclosure judgment against the parcel and the parcel owners for the amount in the qualifying offer and any amounts accruing after the date of the qualifying offer.   History.--s. 1, ch. 2007-183; s. 1, ch. 2008-175. | The listing agent is to provide a statement that includes no more than twelve months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 16th, 2008 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
 | HOA: ONLY if the Lis Pendens was filed prior to July 1, 2008 - pay all |  |  | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
 | HOA and Condo: If there is a break in the vesting then it is a 'pay all' situation.  A break in the vesting is created when the Lis Pendens does not match the Certifcute of Title and there was no mortgage assignment recorded during the foreclosure process.  Normally, this will only come to light when the Association is being represented by an attorney. |  |  | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
GEORGIA | Condo and HOA: Actual foreclosure date forward | OCGA 44-3-109 | 44-3-109.  (a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining to that condominium unit, for fines, or otherwise, and all reasonable charges made to any unit owner or condominium unit for materials furnished or services rendered by the association at the owneŕs request to or on behalf of the unit owner or condominium unit, shall, from the time the same become due and payable, be the personal obligation of the unit owner and constitute a lien in favor of the association on the condominium unit prior and superior to all other liens whatsoever except:  (1) Liens for ad valorem taxes on the condominium unit;  (2) The lien of any first priority mortgage covering the unit and the lien of any mortgage recorded prior to the recording of the declaration;  (3) The lessoŕs lien provided for in Code Section 44-3-86; and (4) The lien of any secondary purchase money mortgage covering the unit, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the unit.  The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of [NAME] for assessments shall be required.  (b) To the extent that the condominium instruments provide, the personal obligation of the unit owner and the lien for assessments shall also include:  (1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of the amount of each assessment or installment thereof not paid when due;  (2) At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable;  (3) The costs of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorneýs fees actually incurred; and (4) The fair rental value of the condominium unit from the time of the institution of an action until the sale of the condominium at foreclosure or until the judgment rendered in the action is otherwise satisfied.  (c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the [NAME] may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable.  (d) Any unit owner, mortgagee of a unit, person having executed a contract for the purchase of a condominium unit, or lender considering the loan of funds to be secured by a condominium unit shall be entitled upon request to a statement from the association or its management agent setting forth the amount of assessments past due and unpaid together with late charges and interest applicable thereto against that condominium unit. Such request shall be in writing, shall be delivered to the registered office of the association, and shall state an address to which the statement is to be directed. Failure on the part of the association to mail or otherwise furnish such statement regarding amounts due and payable at the expiration of such five-day period with respect to the condominium unit involved to such address as may be specified in the written request therefor within five business days from the receipt of such request shall cause the lien for assessments created by this Code section to be extinguished and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The information specified in such statement shall be binding upon the association and upon every unit owner. Payment of a fee not exceeding $10.00 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provided.  (e) Nothing in this Code section shall be construed to prohibit actions maintainable pursuant to Code Section 44-3-76 to recover sums for which subsection (a) of this Code section creates a lien. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
 |  | OCGA 44-3- 232 | 44-3-232.  (a) All sums lawfully assessed by the association against any lot owner or property ownerś association lot, whether for the share of the common expenses pertaining to that lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for materials furnished or services rendered by the association at the owneŕs request to or on behalf of the lot owner or lot, shall, from the time the sums became due and payable, be the personal obligation of the lot owner and constitute a lien in favor of the association on the lot prior and superior to all other liens whatsoever except:  (1) Liens for ad valorem taxes on the lot;  (2) The lien of any first priority mortgage covering the lot and the lien of any mortgage recorded prior to the recording of the declaration; or (3) The lien of any secondary purchase money mortgage covering the lot, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the lot.  The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of [NAME] for assessments shall be required.  (b) To the extent that the instrument provides, the personal obligation of the lot owner and the lien for assessments shall also include:  (1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of the amount of each assessment or installment thereof not paid when due;  (2) At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable;  (3) The costs of collection, including court costs, the expenses required for the protection and preservation of the lot, and reasonable attorneýs fees actually incurred; and (4) The fair rental value of the lot from the time of the institution of an action until the sale of the lot at foreclosure or until judgment rendered in the action is otherwise satisfied.  (c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the [NAME] may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable.  (d) Any lot owner, mortgagee of a lot, person having executed a contract for the purchase of a lot, or lender considering the loan of funds to be secured by a lot shall be entitled upon request to a statement from the association or its management agent setting forth the amount of assessments past due and unpaid together with late charges and interest applicable thereto against that lot. Such request shall be in writing, shall be delivered to the registered office of the association, and shall state an address to which the statement is to be directed. Failure on the part of the association, within five business days from the receipt of such request, to mail or otherwise furnish such statement regarding amounts due and payable at the expiration of such five-day period with respect to the lot involved to such address as may be specified in the written request therefor shall cause the lien for assessments created by this Code section to be extinguished and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The information specified in such statement shall be binding upon the association and upon every lot owner. Payment of a fee not exceeding $10.00 may be required as a prerequisite to the issuance of such a statement if the instrument so provides.  (e) Nothing in this Code section shall be construed to prohibit actions maintainable pursuant to Code Section 44-3-223 to recover sums for which subsection (a) of this Code section creates a lien.
HAWAII | HOA and Condo:  12 months prior to actual foreclosure date but shall not exceed $7,200 | Hawaii SB651 (see Page 55) | §514A-90 Priority of [NAME]. (a) All sums assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment constitute a lien on the apartment prior to all other liens, except: (1) Liens for taxes and assessments lawfully imposed by governmental authority against the apartment; and (2) All sums unpaid on any mortgage of record that was recorded prior to the recordation of notice of a lien by the association of apartment owners, and costs and expenses including attorneys' fees provided in such mortgages. The lien of the association of apartment owners may be foreclosed by action or by non-judicial or power of sale foreclosure procedures set forth in chapter 667, by the managing agent or board of directors, acting on behalf of the association of apartment owners, in like manner as a mortgage of real property. In any such foreclosure the apartment owner shall be required to pay a reasonable rental for the apartment, if so provided in the bylaws, and the plaintiff in the foreclosure shall be entitled to the appointment of a receiver to collect the rental owed. The managing agent or board of directors, acting on behalf of the association of apartment owners, unless prohibited by the declaration, may bid on the apartment at foreclosure sale, and acquire and hold, lease, mortgage, and convey the apartment. Action to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the [NAME] securing the unpaid common expenses owed. 47 (b) Except as provided in subsection (g), when the mortgagee of a mortgage of record or other purchaser of an apartment obtains title to the apartment as a result of foreclosure of the mortgage, the acquirer of title and the acquirer's successors and assigns shall not be liable for the share of the common expenses or assessments by the association of apartment owners chargeable to the apartment which became due prior to the acquisition of title to the apartment by the acquirer. The unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners, including the acquirer and the acquirer's successors and assigns. The mortgagee of record or other purchaser of the apartment shall be deemed to acquire title and shall be required to pay the apartment's share of common expenses and assessments beginning: (1) Thirty-six days after the order confirming the sale to the purchaser has been filed with the court; (2) Sixty days after the hearing at which the court grants the motion to confirm the sale to the purchaser; (3) Thirty days after the public sale in a nonjudicial power of sale foreclosure pursuant to section 667-5; or (4) Upon the recording of the instrument of conveyance, whichever occurs first; provided that the mortgagee of record or other purchaser of the apartment shall not be deemed to acquire title under paragraph (1), (2), or (3), if transfer of title is delayed past the thirty-six days specified in paragraph (1), the sixty days specified in paragraph (2), or the thirty days specified in paragraph (3), when a person who appears at the hearing on the motion or a party to the foreclosure action requests reconsideration of the motion or order to confirm sale, objects to the form of the proposed order to confirm sale, appeals the decision of the court to grant the motion to confirm sale, or the debtor or mortgagor declares bankruptcy or is involuntarily placed into bankruptcy. In any such case, the mortgagee of record or other purchaser of the apartment shall be deemed to acquire title upon recordation of the instrument of conveyance. (c) No apartment owner shall withhold any assessment claimed by the association. An apartment owner who disputes the amount of an assessment may request a written statement clearly indicating: (1) The amount of common expenses included in the assessment, including the due date of each amount claimed; (2) The amount of any penalty, late fee, [NAME] filing fee, and any other charge included in the assessment; (3) The amount of attorneys' fees and costs, if any, included in the assessment; (4) That under Hawaii law, an apartment owner has no right to withhold assessments for any reason; (5) That an apartment owner has a right to demand mediation or arbitration to resolve disputes about the amount or validity of an association's assessment, provided the apartment owner immediately pays the assessment in full and keeps assessments current; and (6) That payment in full of the assessment does not prevent the owner from contesting the assessment or receiving a refund of amounts not owed. Nothing in this section shall limit the rights of an owner to the protection of all fair debt collection procedures mandated under federal and state law. 48 (d) An apartment owner who pays an association the full amount claimed by the association may file in small claims court or require the association to mediate to resolve any disputes concerning the amount or validity of the association's claim. If the apartment owner and the association are unable to resolve the dispute through mediation, either party may file for arbitration under part VII; provided that an apartment owner may only file for arbitration if all amounts claimed by the association are paid in full on or before the date of filing. If the apartment owner fails to keep all association assessments current during the arbitration, the association may ask the arbitrator to temporarily suspend the arbitration proceedings. If the apartment owner pays all association assessments within thirty days of the date of suspension, the apartment owner may ask the arbitrator to recommence the arbitration proceedings. If the owner fails to pay all association assessments by the end of the thirty-day period, the association may ask the arbitrator to dismiss the arbitration proceedings. The apartment owner shall be entitled to a refund of any amounts paid to the association which are not owed. (e) As an alternative to foreclosure proceedings under subsection (a), where an apartment is owner-occupied, the association of apartment owners may authorize its managing agent or board of directors to, after sixty days' written notice to the apartment owner and to the apartment's first mortgagee of the nonpayment of the apartment's share of the common expenses, terminate the delinquent apartment's access to the common elements and cease supplying a delinquent apartment with any and all services normally supplied or paid for by the association of apartment owners. Any terminated services and privileges shall be restored upon payment of all delinquent assessments. (f) Before the board of directors or managing agent may take the actions permitted under subsection (e), the board must adopt a written policy providing for such actions and have the policy approved by a majority vote of the apartment owners at an annual or special meeting of the association or by the written consent of a majority of the apartment owners. (g) Subject to this subsection, and subsections (h) and (i), the board of an association of apartment owners may specially assess the amount of the unpaid regular monthly common assessments for common area expenses against a person who, in a judicial or nonjudicial power of sale foreclosure, purchases a delinquent apartment; provided that: (1) A purchaser who holds a mortgage on a delinquent apartment that was recorded prior to the filing of a notice of [NAME] by the association of apartment owners and who acquires the delinquent apartment through a judicial or nonjudicial foreclosure proceeding, including purchasing the delinquent apartment at a foreclosure auction, shall not be obligated to make, nor be liable for, payment of the special assessment as provided for under this subsection; and (2) A person who subsequently purchases the delinquent apartment from the mortgagee referred to in paragraph (1) shall be obligated to make, and shall be liable for, payment of the special assessment provided for under this subsection; provided that the mortgagee or subsequent purchaser may require the association of apartment owners to provide at no charge a notice of the association's intent to claim a lien against the delinquent apartment for the amount of the special assessment, prior to the subsequent purchaser's acquisition of title to the delinquent apartment. The notice shall state the amount of the special assessment, how that amount was calculated, and the legal description of the apartment. 49 (h) The amount of the special assessment assessed under subsection (g) shall not exceed the total amount of unpaid regular monthly common assessments that were assessed during the six months immediately preceding the completion of the judicial or nonjudicial power of sale foreclosure. In no event shall the amount of the special assessment exceed the sum of $3,600. (i) For purposes of subsections (g) and (h), the following definitions shall apply: "Completion" means: (1) In a nonjudicial power of sale foreclosure, when the affidavit required under section 667-5 is filed; and (2) In a judicial foreclosure, when a purchaser is deemed to acquire title pursuant to subsection (b). "Regular monthly common assessments" shall not include: (1) Any other special assessment, except for a special assessment imposed on all apartments as part of a budget adopted pursuant to section 514A-83.6; (2) Late charges, fines, or penalties; (3) Interest assessed by the association of apartment owners; (4) Any lien arising out of the assessment; or (5) Any fees or costs related to the collection or enforcement of the assessment, including attorneys' fees and court costs. | The listing agent is to provide a statement that includes no more than twelve months prior to the foreclosure date and shall be limited to $7,200.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 16th, 2008 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2008 will be rejected.
IOWA | Condo and HOA: Actual foreclosure date forward | IA [NAME] | 499B.18  Common expenses before foreclosure.  Where the mortgagee of a first mortgage of record or other purchaser of an apartment obtains title to the apartment as a result of foreclosure of the first mortgage, such acquirer of title, the acquirer's successors and assigns, shall not be liable for the share of the common expenses or assessments by the council of co-owners chargeable to such apartment which became due prior to the acquisition of title to such apartment by such acquirer.  Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners including such acquirer, the acquirer's successors and assigns.  [C66, 71, 73, 75, 77, 79, 81, §499B.18] | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
IDAHO | Condo and HOA: Actual foreclosure date forward | ID State Statute 55-1518 | TITLE 55  PROPERTY IN GENERAL CHAPTER 15  CONDOMINIUM PROPERTY ACT 55-1518.Assessment and other charges a lien -- Notice recorded -- Payment and release -- Priority of liens -- Expiration -- Extension -- Enforcement by sale -- Purchase by management body. An assessment upon any condominium made in accordance with the declaration, any recorded by-laws, or any duly promulgated project regulation, shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment, together with those other charges thereon, such as interest, costs (including attorney’s fees), and penalties, which may be provided for in the declaration, shall be and become a lien upon the condominium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by the declaration, a description of the condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the [NAME] thereof. Such [NAME] shall be prior to all other liens filed or recorded subsequent to the recordation of said notice of assessment except that the declaration may provide for the subordination thereof to other liens either generally or specifically described and except further that labor or materialmen’s liens arising under the law of Idaho and timely and duly filed shall have priority if the date fixed by statute for such lien to arise is prior to recording as provided in this section. Unless sooner satisfied and released or the enforcement thereof initiated as hereafter provided such [NAME] shall expire and be of no further force or effect one (1) year from the date of recordation of said notice of assessment; provided, however, that said one-year period may be extended by the management body for not to exceed one (1) additional year by recording a written extension thereof. Such [NAME] may be enforced by sale by the management body, its attorney or other person authorized to make the sale, after failure of the owner to pay such an assessment in accordance with its terms, such sale to be conducted in the manner permitted by law for the exercise of powers of sale in deeds of trust or any other manner permitted by law. Unless otherwise provided in the declaration the management body shall have the power to purchase the condominium at foreclosure sale and to hold, lease, encumber and convey the same. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
ILLINOIS | HOA and Condo:   Actual foreclosure date forward | 765 ILCS605-9 | (765 ILCS 605/9) (from Ch. 30, par. 309)      Sec. 9. Sharing of expenses   [NAME] for nonpayment.      (a) All common expenses incurred or accrued prior to the first conveyance of a unit shall be paid by the developer, and during this period no common expense assessment shall be payable to the association. It shall be the duty of each unit owner including the developer to pay his proportionate share of the common expenses commencing with the first conveyance. The proportionate share shall be in the same ratio as his percentage of ownership in the common elements set forth in the declaration.      (b) The condominium instruments may provide that common expenses for insurance premiums be assessed on a basis reflecting increased charges for coverage on certain units.      (c) Budget and reserves.          (1) The board of managers shall prepare and       distribute to all unit owners a detailed proposed annual budget, setting forth with particularity all anticipated common expenses by category as well as all anticipated assessments and other income. The initial budget and common expense assessment based thereon shall be adopted prior to the conveyance of any unit. The budget shall also set forth each unit owner's proposed common expense assessment.          (2) All budgets adopted by a board of managers on or       after July 1, 1990 shall provide for reasonable reserves for capital expenditures and deferred maintenance for repair or replacement of the common elements. To determine the amount of reserves appropriate for an association, the board of managers shall take into consideration the following: (i) the repair and replacement cost, and the estimated useful life, of the property which the association is obligated to maintain, including but not limited to structural and mechanical components, surfaces of the buildings and common elements, and energy systems and equipment; (ii) the current and anticipated return on investment of association funds; (iii) any independent professional reserve study which the association may obtain; (iv) the financial impact on unit owners, and the market value of the condominium units, of any assessment increase needed to fund reserves; and (v) the ability of the association to obtain financing or refinancing.          (3) Notwithstanding the provisions of this       subsection (c), an association without a reserve requirement in its condominium instruments may elect to waive in whole or in part the reserve requirements of this Section by a vote of 2/3 of the total votes of the association. Any association having elected under this paragraph (3) to waive the provisions of subsection (c) may by a vote of 2/3 of the total votes of the association elect to again be governed by the requirements of subsection (c).          (4) In the event that an association elects to waive       all or part of the reserve requirements of this Section, that fact must be disclosed after the meeting at which the waiver occurs by the association in the financial statements of the association and, highlighted in bold print, in the response to any request of a prospective purchaser for the information prescribed under Section 22.1; and no member of the board of managers or the managing agent of the association shall be liable, and no cause of action may be brought for damages against these parties, for the lack or inadequacy of reserve funds in the association budget.      (d) (Blank).      (e) The condominium instruments may provide for the assessment, in connection with expenditures for the limited common elements, of only those units to which the limited common elements are assigned.      (f) Payment of any assessment shall be in amounts and at times determined by the board of managers.      (g) [NAME].          (1) If any unit owner shall fail or refuse to make       any payment of the common expenses or the amount of any unpaid fine when due, the amount thereof together with any interest, late charges, reasonable attorney fees incurred enforcing the covenants of the condominium instruments, rules and regulations of the board of managers, or any applicable statute or ordinance, and costs of collections shall constitute a lien on the interest of the unit owner in the property prior to all other liens and encumbrances, recorded or unrecorded, except only (a) taxes, special assessments and special taxes theretofore or thereafter levied by any political subdivision or municipal corporation of this State and other State or federal taxes which by law are a lien on the interest of the unit owner prior to preexisting recorded encumbrances thereon and (b) encumbrances on the interest of the unit owner recorded prior to the date of such failure or refusal which by law would be a lien thereon prior to subsequently recorded encumbrances. Any action brought to extinguish the lien of the association shall include the association as a party.          (2) With respect to encumbrances executed prior to       August 30, 1984 or encumbrances executed subsequent to August 30, 1984 which are neither bonafide first mortgages nor trust deeds and which encumbrances contain a statement of a mailing address in the State of Illinois where notice may be mailed to the encumbrancer thereunder, if and whenever and as often as the manager or board of managers shall send, by United States certified or registered mail, return receipt requested, to any such encumbrancer at the mailing address set forth in the recorded encumbrance a statement of the amounts and due dates of the unpaid common expenses with respect to the encumbered unit, then, unless otherwise provided in the declaration or bylaws, the prior recorded encumbrance shall be subject to the lien of all unpaid common expenses with respect to the unit which become due and payable within a period of 90 days after the date of mailing of each such notice.          (3) The purchaser of a condominium unit at a       judicial foreclosure sale, or a mortgagee who receives title to a unit by deed in lieu of foreclosure or judgment by common law strict foreclosure or otherwise takes possession pursuant to court order under the Illinois Mortgage Foreclosure Law, shall have the duty to pay the unit's proportionate share of the common expenses for the unit assessed from and after the first day of the month after the date of the judicial foreclosure sale, delivery of the deed in lieu of foreclosure, entry of a judgment in common law strict foreclosure, or taking of possession pursuant to such court order. Such payment confirms the extinguishment of any lien created pursuant to paragraph (1) or (2) of this subsection (g) by virtue of the failure or refusal of a prior unit owner to make payment of common expenses, where the judicial foreclosure sale has been confirmed by order of the court, a deed in lieu thereof has been accepted by the lender, or a consent judgment has been entered by the court.          (4) The purchaser of a condominium unit at a judicial       foreclosure sale, other than a mortgagee, who takes possession of a condominium unit pursuant to a court order or a purchaser who acquires title from a mortgagee shall have the duty to pay the proportionate share, if any, of the common expenses for the unit which would have become due in the absence of any assessment acceleration during the 6 months immediately preceding institution of an action to enforce the collection of assessments, and which remain unpaid by the owner during whose possession the assessments accrued. If the outstanding assessments are paid at any time during any action to enforce the collection of assessments, the purchaser shall have no obligation to pay any assessments which accrued before he or she acquired title.           (5) The notice of sale of a condominium unit under       subsection (c) of Section 15 1507 of the Code of Civil Procedure shall state that the purchaser of the unit other than a mortgagee shall pay the assessments and the legal fees required by subdivisions (g)(1) and (g)(4) of Section 9 of this Act. The statement of assessment account issued by the association to a unit owner under subsection (i) of Section 18 of this Act, and the disclosure statement issued to a prospective purchaser under Section 22.1 of this Act, shall state the amount of the assessments and the legal fees, if any, required by subdivisions (g)(1) and (g)(4) of Section 9 of this Act.       (h) A lien for common expenses shall be in favor of the members of the board of managers and their successors in office and shall be for the benefit of all other unit owners. Notice of the lien may be recorded by the board of managers, or if the developer is the manager or has a majority of seats on the board of managers and the manager or board of managers fails to do so, any unit owner may record notice of the lien. Upon the recording of such notice the [NAME] may be foreclosed by an action brought in the name of the board of managers in the same manner as a mortgage of real property.      (i) Unless otherwise provided in the declaration, the members of the board of managers and their successors in office, acting on behalf of the other unit owners, shall have the power to bid on the interest so foreclosed at the foreclosure sale, and to acquire and hold, lease, mortgage and convey it.      (j) Any encumbrancer may from time to time request in writing a written statement from the manager or board of managers setting forth the unpaid common expenses with respect to the unit covered by his encumbrance. Unless the request is complied with within 20 days, all unpaid common expenses which become due prior to the date of the making of such request shall be subordinate to the lien of the encumbrance. Any encumbrancer holding a lien on a unit may pay any unpaid common expenses payable with respect to the unit, and upon payment the encumbrancer shall have a lien on the unit for the amounts paid at the same rank as the lien of his encumbrance.      (k) Nothing in Public Act 83 1271 is intended to change the lien priorities of any encumbrance created prior to August 30, 1984.  (Source: P.A. 94 1049, eff. 1 1 07.) | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
INDIANA | Condo and HOA: Actual foreclosure date forward | IC 32-25-5 | Information Maintained by the Office of Code Revision Indiana Legislative Services Agency  IC 32-25-5      Chapter 5. Conveyance Procedures  IC 32-25-5-1 First conveyance; satisfaction of liens      Sec. 1. (a) At the time of the first conveyance of each condominium unit:         (1) every mortgage and other lien affecting the condominium unit, including the unit's percentage of undivided interest in the common areas and facilities, must be paid and satisfied of record; or         (2) the condominium unit being conveyed and the unit's percentage of undivided interest in the common areas and facilities must be released from the mortgage or other lien by partial release.     (b) A partial release under subsection (a)(2) must be recorded. As added by P.L.2-2002, SEC.10.   IC 32-25-5-2 Unpaid assessments; grantee and grantor jointly and severally liable      Sec. 2. (a) Except as provided in subsection (b), in a voluntary conveyance, the grantee of a condominium unit is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses incurred before the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts of common expenses paid by the grantee.     (b) The grantee:         (1) is entitled to a statement from the manager or board of directors setting forth the amount of the unpaid assessments against the grantor; and         (2) is not liable for, nor shall the condominium unit conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth in the statement. As added by P.L.2-2002, SEC.10. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
KANSAS | Condo and HOA: Actual foreclosure date forward | KS Condo Act 381883 |  | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
KENTUCKY | Condo and HOA: Actual foreclosure date forward | KY [NAME] 381.883 | [NAME] for unpaid assessments -- Foreclosure -- Suit. All sums assessed by the council of co-owners but unpaid for the unit's share of the common expenses constitute a lien on such unit prior to all other liens, except only (1) liens for taxes and assessments lawfully imposed by governmental authority against such unit, and (2) all sums unpaid on first mortgages of record. Such [NAME] may be enforced by suit by the administrator or board of administration, acting on behalf of the unit owners, in like manner as a mortgage of real property. In any such enforcement action the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such enforcement action shall be entitled to the appointment of a receiver to collect the same. The administrator or board of administration, acting on behalf of the unit owners, shall have power, unless prohibited by the declaration, to bid in the unit at court sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses of an owner shall be maintainable without [NAME] enforcement or waiving the [NAME] securing the same. History: Amended 1974 Ky. Acts ch. 381, sec. 12. -- Created 1966 Ky. Acts ch. 245, sec. 3. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
LOUISIANA | HOA and Condo:  Six months prior to actual foreclosure date. | LA Condominium Act HLS99-1117  H.B. No 704 C2 |  | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
MASSACHUSETTS | HOA and Condo:  Six months prior to actual foreclosure date.  [NAME] (and associated attorney fess) filed within the six month limitation will be paid | Chapter 183A: Section 6. Profits and expenses; [NAME] | CHAPTER 183A. CONDOMINIUMS    Chapter 183A: Section 6. Profits and expenses; lien    Section 6. (a) (i) Except as provided in clause (ii) herein, all common expenses must be assessed against all units in accordance with their respective percentages of undivided interest in the common areas and facilities. The organization of unit owners shall have a lien on a unit for any common expense assessment levied against that unit from the time the assessment becomes due. Common expense assessments must be made at least annually, based on a budget adopted at least annually in accordance with the master deed, trust, or by-laws.   (ii) If any expense is incurred by the organization of unit owners as a result of the unit owner’s failure to abide by the requirements of this chapter or the requirements of the master deed, trust, by-laws, restrictions, rules or regulations, or by the misconduct of any unit owner, or his family members, tenants, or invitees, the organization of unit owners may assess that expense exclusively against the unit owner and such assessment shall constitute a lien against that unit from the time the assessment is due, and such assessment shall be enforceable as a common expense assessment under this chapter. Notwithstanding the provisions of clause (1), the organization of unit owners may assess the cost of maintaining, repairing or replacing a limited common area and facility, solely to the owner of the unit to which a limited common area and facility is appurtenant, allocated, or designated, and such assessment shall be enforceable as a common expense assessment under this chapter; in the alternative, the organization of unit owners may require the owner of the unit to which a limited common area and facility is appurtenant, allocated, or designated to maintain, repair, or replace such limited common area and facility without the intervention of the organization of unit owners. Notwithstanding the provisions of clause (i), the organization of unit owners may assess to each unit owner the direct cost of any energy conservation device installed in a unit, not already separately metered for water and utilities, including but not limited to the installation of separate water meters, low-flow toilets and showerheads, faucet aerators, windows and storm windows; provided, however, that a unit owner required to install such energy conservation device hereunder may appeal to the board of trustees of the organization of unit owners or if there is no board of trustees, the entity performing its duties. Said board or entity of said organization, in its sole and reasonable discretion, may grant to such unit owner a waiver of such required installation upon such terms and conditions as the organization of unit owners shall deem fit. The cost thereof shall be collected in the same manner as common expense assessments under this chapter. The organization of unit owners may assess to each unit owner his proportionate share of the costs for water and other utilities, as measured by the meter attached to the unit; provided however, that the board of trustees of the organization of unit owners receives the approval of the majority of unit owners in attendance at a meeting, for which notice was duly given and which was held for the purposes of issuing such an assessment. A unit owner assessed costs hereunder may appeal the assessment to said board or entity of said organization of unit owners. Such appeal shall be in writing and shall set forth a clear and concise statement of reasons for an exemption from the assessment for the unit owners. Said board or entity of said organization, in its sole and reasonable discretion, may grant to said unit owner a waiver of the assessment provided herein upon such terms and conditions as the organization of unit owners shall deem fit. In the event of a conflict between this subsection and the master deed, trust, or bylaws, and any amendment thereto, of any condominium submitted to the provisions of this chapter, the provisions of this subsection shall control. Notwithstanding the aforesaid, nothing contained herein shall be construed to be in conflict with the provisions of the state sanitary code. The organization of unit owners may also assess any fees, attorneys’ fees, charges, late charges, fines, costs of collection and enforcement, court costs, and interest charged pursuant to this chapter against the unit owner and such assessment shall constitute a lien against the unit from the time the assessment is due, and shall be enforceable as common expense assessments under this chapter.   (iii) Common profits shall be distributed among unit owners in the same manner as common expenses are charged to the unit owners.   (b) The unit owner shall be personally liable for all sums assessed for his share of the common expenses including late charges, fines, penalties, and interest assessed by the organization of unit owners and all costs of collection including attorneys’ fees, costs, and charges.   (c) When any portion of the unit owner’s share of the common expenses has been delinquent for at least sixty days subsequent to April 1, 1993, the organization of unit owners shall send a notice stating the amount of the delinquency to the unit owner by certified and first class mail. The organization of unit owners shall also send a notice stating the amount of the delinquency to the first mortgagee by certified and first class mail, provided, that the first mortgagee has informed the organization of unit owners of its name and mailing address. Furthermore, thirty days prior to the filing of an action by the organization of unit owners to enforce its lien for delinquent common expenses, the organization of unit owners shall send a notice stating its intention to file said action to the first mortgagee by certified and first class mail, provided that the first mortgagee has informed the organization of unit owners of its name and mailing address. In the event of the appointment of a receiver for the condominium pursuant to the provisions of chapter one hundred and eleven, the lien for charges imposed for the payment of expenses incurred by the receiver shall have priority over all other liens and mortgages, except municipal liens.   A lien under this section shall be enforced in the manner provided in sections five and five A of chapter two hundred and fifty-four. Such [NAME] is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before the recordation of the master deed, (ii) a first mortgage on the unit recorded before the date on which the assessment sought to be enforced became delinquent, and (iii) liens for real estate taxes and other municipal assessments or charges against the unit. This [NAME] is also prior to the mortgages described in clause (ii) above to the extent of the common expense assessments based on the budget adopted pursuant to subsection (a) above which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the [NAME] and to the extent of any costs and reasonable attorneys’ fees incurred in the action to enforce the [NAME], provided however, that the amount of attorneys’ fees incurred prior to January 1, 1993 which shall be prior to the mortgage described in clause (ii) above shall be limited to no more than two thousand and five hundred dollars, and provided further, that payment of the assessments with respect to such six month period, and to the extent of any costs or reasonable attorneys’ fees incurred in said action, shall serve to discharge such lien to the extent that such [NAME] is prior to such mortgages described in clause (ii) above. The priority amount shall not include any amounts attributable to special assessments, late charges, fines, penalties, and interest assessed by the organization of unit owners. The failure of the organization of unit owners to send the first mortgagee either the notice of sixty day delinquency of common expenses, as described above, or the thirty day notice of intent to file an action to enforce the lien for delinquent common expenses, as described above, shall not affect the priority lien of the organization of unit owners for up to six months’ common expenses, but the priority amount shall not include any costs or attorneys’ fees incurred in the action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens or other assessments made by the organization of unit owners. Recording of the master deed constitutes record notice and perfection of this [NAME]; no further recordation of any claim of [NAME] for assessment under this section is required.   Neither this section nor anything contained in sections five or five A of chapter two hundred and fifty-four shall be deemed to prohibit actions to recover sums for which this subsection creates a lien or to prohibit an organization of unit owners from taking a deed in lieu of enforcement of the [NAME] created by this section.   The organization of unit owners shall take no further action to enforce its priority liens against a particular unit for common expenses if the first mortgagee agrees in writing that a priority lien exists without the requirement of instituting an action, as to such enforcement and pays, within 60 days of said writing, the following prescribed amounts: (1) so much of any delinquent assessments on that unit for regularly recurring budgeted common expenses over a period for six months immediately preceding the notice of delinquency that would constitute a priority amount if an action had been commenced on the date the organization gives its delinquency notice to the mortgagee; (2) costs and reasonable attorney’s fees incurred by the organization at the time of said writing by the first mortgagee to collect outstanding common expenses, including, but not limited to, costs and fees to ascertain the first mortgagee’s identity, examine title, and prepare and send to the unit owner and mortgagee the notices referred to in this paragraph; and to pay within 30 days of their due date; (3) all future common expenses, and special assessments other than special assessments for improvements made pursuant to section 18, assessed against that unit from the date of said notice until such time as the mortgagee’s mortgage is foreclosed or otherwise no longer encumbers the unit. The amount which the first mortgagee, if it so elects, would be required to pay to cause the organization not to proceed to enforce its priority liens shall not include any amounts attributable to late charges, fines, penalties, and interest assessed by the organization of unit owners and shall only include amounts attributable to special assessments due and payable after the giving of the delinquency notice pursuant to this paragraph, and then only to the extent the special assessment is not made with respect to any improvement authorized under section 18. If the amounts described in clauses (1) and (2) are not received within said 60 day period, or if the amount of any future assessments under clause (3) is not received within 30 days of their due date, the organization may proceed to take further action to enforce its liens without voiding the first mortgagee’s obligation to pay as provided in this subsection. The agreement by the first mortgagee to make payments in the amounts and for the duration specified in this paragraph shall be binding upon its successors and assigns and the successful bidder at any foreclosure but no such successor, assign, bidder or purchaser shall have any liability by virtue of the first mortgagee’s undertaking pursuant to this paragraph for any amount first arising, assessed or becoming due after the mortgage is foreclosed or otherwise no longer encumbers the unit. The first mortgagee shall not be liable for the amounts described in clauses (1), (2) and (3) which arise after the first mortgagee ceases to have an interest in the unit. Such amounts shall then become the obligation of the successors and assigns of the first mortgagee.   Within ten days after receipt of the written request of the first mortgagee, the organization of unit owners shall provide a written statement in reasonable detail of the actual dollar amounts the first mortgagee would be required to pay, if it so elected, to cause the organization of unit owners not to take further action to enforce its priority liens against the unit as provided in this section. The first mortgagee shall have 14 days following the mailing of said written statement to enter into the written agreement provided for in the previous paragraph. Unless the organization of unit owners has notice of a first mortgagee’s foreclosure sale actually scheduled within 30 days, the organization of unit owners shall take no further action to enforce its priority liens against a particular unit for common expenses for a period of 24 days from the receipt of the written request by the first mortgagee or 14 days following mailing of the written statement by the organization of unit owners, whichever is less. The failure of the organization of unit owners to send the written statement to the first mortgagee, as described above, shall not affect the priority lien of the organization of unit owners for up to six months’ common expenses, but the priority amount shall not include any costs or attorneys’ fees incurred to collect or enforce the liens.   If a unit owner fails to pay his share of the common expenses to the organization of unit owners for at least twenty-five days from the date it was due, the organization of unit owners may, as a separate and additional remedy, subject to the existing rights of a holder of a first mortgage of record, collect from any tenant renting the unit any rent then or thereafter due to the owner of such unit. Such organization shall apply such rent collected against the amount owed to it by the unit owner. Prior to taking any action hereunder, the organization of unit owners shall give to the delinquent unit owner written notice of its intent to collect the rent owed. Such notice shall be sent by any form of mail or other delivery requiring or providing a signed receipt, shall set forth the exact amount the organization of unit owners claims is due and owing by the unit owner and shall indicate the intent of the organization to collect such amount from rent, along with any other amounts which become due within the current fiscal year and which remain unpaid for twenty-five days after they become due. Further, a copy of such notice shall also be provided to any first mortgagee of record on such unit who has previously requested in writing that the organization of unit owners notify it of any delinquency in the payment amounts due to the organization by the owner of such unit.   The unit owner shall have ten days after receipt of such notice to file a written response with the organization of unit owners. Such response shall be signed under the pains and penalties of perjury; shall, in the case of monthly installments of common expenses, include proof, in the form of a cancelled check, receipt or other document, that the installment was paid or shall, in the case of any other charge, state in short and plain terms all grounds upon which said unit owner maintains that the amount claimed to be owed to the organization was incorrectly calculated or charged and shall state exactly what amount, if any, the unit owner admits he owes to the organization of unit owners.   If the unit owner fails to timely file a response in compliance with the foregoing requirements or admits in such response that he owes any amount to the organization of unit owners, the organization shall be entitled to immediately notify and direct each tenant renting such unit from such owner to thereafter pay all or a portion of the rent otherwise due by such unit owner to the organization, such rent or portion thereof to be limited to the lesser of: (i) the amount the organization claimed is due on its notice to the unit owner, if the unit owner failed to timely file a response in compliance with the requirements set forth above; or (ii) the amount such unit owner admitted was due in his timely filed response. The organization shall have a continuing right to collect any rent otherwise payable by the tenant to such unit owner, until such amount, plus any charges thereafter becoming due, are satisfied in full; provided, however, that nothing herein shall preclude the unit owner from seeking equitable relief from a court of competent jurisdiction or seeking a judicial determination of the amount owed; and, provided further, that nothing herein shall prevent the organization of unit owners from bringing an action under section five of chapter two hundred and fifty-four or to otherwise establish the amount owed to it by the unit owner or otherwise to seek and obtain an order requiring the tenant in such unit or tenants in other units owned by the unit owner in the condominium to pay to the organization rent otherwise due to the unit owner. If in any action brought to establish the amount owed by a unit owner to the organization, it is established that such unit owner knowingly misrepresented any material fact on any response filed pursuant to the provisions of this section, the organization shall be entitled to recover from such unit owner three times the amount determined to be owed by said unit owner at the time of his response. Further, the organization of unit owners shall be entitled to collect any charges thereafter becoming due and all of the organization’s costs, including reasonable attorneys’ fees, incurred in such action.   In no event shall a unit owner take any retaliatory action against any tenant who pays rent, or any portion thereof, to the organization of unit owners as provided in this section. The provisions of section eighteen of chapter one hundred and eighty-six and section two A of chapter two hundred and thirty-nine shall apply to any reprisal taken by a unit owner against a tenant who made or expressed an intention to make a payment to the organization pursuant to this section. Any waiver of the provisions of this section in any lease or rental agreement shall be void and unenforceable as against public policy.   Nothing herein shall be construed to prevent an organization of unit owners from adopting or amending its master deed, trust, by-laws or rules and regulations to provide additional protections, remedies, or rights for said organization.   To the extent that any first mortgagee of record is entitled to an assignment of rents and to the extent that it exercises its rights by written notice recorded at the registry of deeds or the registry district of the land court in which the property lies and by written notice sent by certified or registered mail to the presiding officer of the governing board of the condominium, then commencing with the next rental period, but not for any prior period, the first mortgagee may collect such rents. If the first mortgagee commences collection of such rents, it shall be obligated to pay all prospective expenses lawfully assessed by the organization of unit owners, including late fees, interest, late charges, collection costs, reasonable attorneys’ fees, assessments and special assessments and shall be subject to all other provisions of this chapter, the master deed, trust, by-laws and rules and regulations. Further, the first mortgagee shall be obligated to pay any such expenses or other charges which were, prior to the commencement of the collection of rents by the first mortgagee, due and payable to the organization, to the extent that the rent collected monthly by the first mortgagee exceeds the installment of principal and interest which was due monthly to the first mortgagee prior to default, the monthly installments of real estate taxes and mortgage insurance, the monthly share of common expenses, and the customary and ordinary unit repair, operation and maintenance costs, until such time as all arrearages due to the organization by the prior unit owner are paid in full. The organization shall have priority to receive funds collected from the tenant of a delinquent unit owner as to any junior lien holder.   Except as provided in section twenty-one, in the event of a conflict between this subsection and the master deed, trust, or by-laws, and any amendment thereto, the provisions of this subsection shall govern, notwithstanding the date on which the condominium was submitted to the provisions of this chapter.   (d) A statement from the organization of unit owners setting forth the amount of unpaid common expenses and any other sums which have been assessed against a unit owner, including a statement of the amount which the organization of unit owners claims is entitled to priority with respect to any mortgage under subsection (c), shall operate to discharge the unit from any lien for other sums then unpaid when recorded in the appropriate registry of deeds; provided, however, that any statement or document issuing from an unincorporated organization of unit owners may be recorded in a registry of deeds and if so recorded shall indicate and specify therein the book and page, or document number if registered land, within such registry of the instrument from which the signatory or signatories of the statement obtained authority to sign on behalf of the unincorporated organization. The statement shall be furnished within ten business days after receipt of a written request, upon payment of a reasonable fee, and shall be binding on the organization of unit owners, the governing body of the organization of unit owners, and every unit owner; provided, however, that no fee shall be required of any mortgagee, in connection with a foreclosure of a mortgage, who has given the organization notice of its intention to foreclose a mortgage upon the unit. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  If the Association has filed a lien and the filing date is within the six month limitation, the statement should include a payoff for the [NAME] and any associated attorney fees.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009 and the Association had filed a lien for unpaid dues on January 16, 2008:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate), include the [NAME] pay off (and ant associated attorney fees) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
MARYLAND | Condo and HOA: Actual foreclosure date forward | MD Condo Act Section 11-110 | § 11-110. Common expenses and profits; assessments; liens. (a) Disposition of common profits. -- All common profits shall be disbursed to the unit owners, be credited to their assessments for common expenses in proportion to their percentage interests in common profits and common expenses, or be used for any other purpose as the council of unit owners decides. (b) Funds for payment of common expenses obtained by assessments. -- (1) Funds for the payment of current common expenses and for the creation of reserves for the payment of future common expenses shall be obtained by assessments against the unit owners in proportion to their percentage interests in common expenses and common profits. (2) (i) Where provided in the declaration or the bylaws, charges for utility services may be assessed and collected on the basis of usage rather than on the basis of percentage interests. (ii) If provided by the declaration, assessments for expenses related to maintenance of the limited common elements may be charged to the unit owner or owners who are given the exclusive right to use the limited common elements. (iii) Assessments for charges under this paragraph may be enforced in the same manner as assessments for common expenses. (c) Liability for assessments. -- A unit owner shall be liable for all assessments, or installments thereof, coming due while he is the owner of a unit. In a voluntary grant the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses up to the time of the voluntary grant for which a statement of [NAME] is recorded, without prejudice to the rights of the Maryland Condominium Act 29 [NAME], PC grantee to recover from the grantor the amounts paid by the grantee for such assessments. Liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. (d) Imposition of [NAME]. -- Payment of assessments, together with interest, late charges, if any, costs of collection and reasonable attorney’s fees may be enforced by the imposition of a lien on a unit in accordance with the provisions of the Maryland Contract Lien Act. Suit for any deficiency following foreclosure may be maintained in the same proceeding, and suit to recover any money judgment for unpaid assessments may also be maintained in the same proceeding, without waiving the right to seek to impose a lien under the Maryland Contract Lien Act. (e) Interest on unpaid assessment; late charges; demand for payment of remaining annual assessment. -- (1) Any assessment, or installment thereof, not paid when due shall bear interest, at the option of the council of unit owners, from the date when due until paid at the rate provided in the bylaws, not exceeding 18 percent per annum, and if no rate is provided, then at 18 percent per annum. (2) The bylaws also may provide for a late charge of $ 15 or one tenth of the total amount of any delinquent assessment or installment, whichever is greater, provided the charge may not be imposed more than once for the same delinquent payment and may only be imposed if the delinquency has continued for at least 15 calendar days. (3) If the declaration or bylaws provide for an annual assessment payable in regular installments, the declaration or bylaws may further provide that if a unit owner fails to pay an installment when due, the council of unit owners may demand payment of the remaining annual assessment coming due within that fiscal year. A demand by the council is not enforceable unless the council, within 15 days of a unit owner’s failure to pay an installment, notifies the unit owner that if the unit owner fails to pay the monthly installment within 15 days of the notice, full payment of the remaining annual assessment will then be due and shall constitute a lien on the unit as provided in this section. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
MAINE | Condo and HOA: Actual foreclosure date forward | 1603-116. [NAME] for assessments | §1603-116. [NAME] for assessments  (a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's [NAME] may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to section 1603-102, subsection (a), paragraphs (10), (11) and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. [1981, c. 699, (NEW).]  (b) A lien under this section is prior to all other liens and encumbrances on a unit except: (1) Liens and encumbrances recorded before the recordation of the declaration; (2) A first mortgage recorded before or after the date on which the assessment sought to be enforced becomes delinquent; and (3) Liens for real estate taxes and other governmental assessments or charges against the unit. This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. The lien under this section is not subject to the provisions of Title 14, section 4651 and Title 18-A, Part 2, as they or their equivalents may be amended or modified from time to time. [1983, [NAME], Pt. A, §40 (RPR).]  (c) Unless the declaration otherwise provides, if 2 or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority. [1981, c. 699, (NEW).]  (d) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of [NAME] for assessment under this section is required. [1981, c. 699, (NEW).]  (e) A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within 3 years after the full amount of the assessments become due. [1981, c. 699, (NEW).]  (f) This section does not prohibit actions to recover sums for which subsection (a) creates a lien, or to prohibit an association from taking a deed in lieu of foreclosure. [1981, c. 699, (NEW).]  (g) A judgment or decree in any action or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party. [1981, c. 699, (NEW).]  (h) The association shall furnish to a unit owner upon written request a recordable statement setting forth the amount of unpaid assessments currently levied against his unit. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit owner. [1981, c. 699, (NEW).]  SECTION HISTORY  1981, c. 699, (NEW). 1983, c. 78, §3 (AMD). 1983, [NAME], §A38 (AMD). 1983, [NAME], §A40 (AMD). | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
MICHIGAN | Condo and HOA: Actual foreclosure date forward | Condominium Act 559.158 Sec 58 | [NAME] ACT (EXCERPT)  Act 59 of 1978    559.158 Acquisition of title by foreclosure of first mortgage; liability for assessments.   [NAME]. 58.  If the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title to the condominium unit as a result of foreclosure of the first mortgage, that mortgagee or purchaser and his or her successors and assigns are not liable for the assessments by the administering body chargeable to the unit that became due prior to the acquisition of title to the unit by that mortgagee or purchaser and his or her successors and assigns.   History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002 | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
MINNESOTA | Condo and HOA: Actual foreclosure date forward | [NAME] | 515A.3-115 LIEN FOR ASSESSMENTS. (a) The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes payable. The association's [NAME] may be foreclosed as provided by the laws of this state as if it were a lien under a mortgage containing a power of sale but the association shall give reasonable notice of its action to all lienholders of the unit whose interest would be affected. The rights of the parties shall be the same as those provided by law except that the period of redemption for unit owners shall be six months from the date of sale. Unless the declaration otherwise provides, fees, charges, late charges, and interest charges pursuant to section 515A.3-102(a), (9), and (11) are enforceable as assessments under this section.   (b) A lien under this section is prior to all other liens and encumbrances on a unit except (1) liens and encumbrances recorded before the recordation of the declaration, (2) any recorded mortgage on the unit securing a first mortgage holder, and (3) liens for real estate taxes and other governmental assessments or charges against the unit. This subsection does not affect the priority of mechanics' or material suppliers' liens.  (c) Recording of the declaration constitutes record notice and perfection of the [NAME], and no further recordation of any claim of [NAME] for assessment under this section is required.  (d) Proceedings to enforce an assessment must be instituted within three years after the last installment of the assessment becomes payable.  (e) Unit owners at the time an assessment is payable are personally liable to the association for payment of the assessments.  (f) A foreclosure sale, judgment, or decree in any action, proceeding, or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party.  (g) The association shall furnish to a unit owner or the owner's authorized agent upon written request of the unit owner or the authorized agent a recordable statement setting forth the amount of unpaid assessments currently levied against the owner's unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and every unit owner.  History: 1980 c 582 art 3 s 515.3-115; 1985 c 251 s 14; 1986 c 444; 1989 c 209 art 1 s 41 | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
MISSOURI | HOA and Condo:  Six months prior to actual foreclosure date. | MO Statute Section 448-003.116 | Missouri Revised Statutes Chapter 448  Condominium Property  Section 448-003.116   August 28, 2008     [NAME] for assessments.  448.3.116. 1. The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's [NAME] may be foreclosed in like manner as a mortgage on real estate or a power of sale pursuant to chapter 443, RSMo. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to subdivisions (10), (11), and (12) of subsection 1 of section 448.3-102 are enforceable as assessments pursuant to this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.   2. A lien pursuant to this section is prior to all other liens and encumbrances on a unit except:   (1) Liens and encumbrances recorded before the recordation of the declaration;   (2) A mortgage and deed of trust for the purchase of a unit recorded before the date on which the assessment sought to be enforced became delinquent;   (3) Liens for real estate taxes and other governmental assessments or charges against the unit;   (4) Except for delinquent assessments or fines, up to a maximum of six months' assessments or fines, which are due prior to any subsequent refinancing of a unit or for any subsequent second mortgage interest.   This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. The lien pursuant to this section is not subject to the provisions of section 513.475, RSMo.   3. Unless the declaration provides otherwise, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.   4. Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of [NAME] for assessment pursuant to this section is required.   5. A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessments becomes due.   6. This section shall not prohibit actions to recover sums for which subsection 1 of this section creates a lien, or prohibit an association from taking a deed in lieu of foreclosure.   7. A judgment or decree in any action brought pursuant to this section shall include costs and reasonable attorney's fees for the prevailing party.   8. The association shall furnish to a unit owner, upon written request, a recordable statement setting forth the amount of unpaid assessments against the unit owner's unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board, and every unit owner.   (L. 1983 H.B. 177, A.L. 1998 S.B. 852 & 913)  Effective 1-1-99 | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
MISSISSIPPI | Condo and HOA: Pay all | MS Code Sec. 89-9-21 | Not provided - Generally this is not disputed since we are responsible for all charges | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
MONTANA | Condo and HOA: Actual foreclosure date forward | MT Code 70-23-610 | 70-23-610. Purchaser at foreclosure sale not totally liable for prior common expenses. Where the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust indenture, such purchaser, his successors, and assigns shall not be liable for any of the common expenses chargeable to such unit which became due prior to the acquisition of title to such unit by such purchaser. Such unpaid share of common expenses shall be a common expense of all the unit owners, including such purchaser, his successors, and assigns.        History: En. [NAME]. 29, Ch. 120, L. 1965; [NAME] 1947, 67-2329. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NORTH CAROLINA | Condo and HOA: Actual foreclosure date forward | NC Statute 47F-3-116 | § 47F‑3‑116.  [NAME] for assessments.  (a)       Any assessment levied against a lot remaining unpaid for a period of 30 days or longer shall constitute a lien on that lot when a claim of [NAME] is filed of record in the office of the clerk of superior court of the county in which the lot is located in the manner provided herein. Unless the declaration otherwise provides, fees, charges, late charges, and other charges imposed pursuant to G.S. 47F‑3‑102, 47F‑3‑107, 47F‑3‑107.1, and 47F‑3‑115 are enforceable as assessments under this section. Except as provided in subsections (a1) and (a2) of this section, the association may foreclose the claim of [NAME] in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes.  (a1)     An association may not foreclose an association assessment [NAME] Article 2A of Chapter 45 of the General [NAME] if the debt securing the [NAME] consists solely of fines imposed by the association, interest on unpaid fines, or attorneys' fees incurred by the association solely associated with fines imposed by the association. The association, however, may enforce the [NAME] by judicial foreclosure as provided in Article 29A of Chapter 1 of the General Statutes.  (a2)     An association shall not levy, charge, or attempt to collect a service, collection, consulting, or administration fee from any lot owner unless the fee is expressly allowed in the declaration. Any lien securing a debt consisting solely of these fees may only be enforced by judicial foreclosure as provided in Article 29A of Chapter 1 of the General Statutes.  (b)       The lien under this section is prior to all liens and encumbrances on a lot except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the lot) recorded before the docketing of the claim of [NAME] in the office of the clerk of superior court, and (ii) liens for real estate taxes and other governmental assessments and charges against the lot. This subsection does not affect the priority of mechanics' or materialmen's liens.  (c)       A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the docketing of the claim of [NAME] in the office of the clerk of superior court.  (d)       This section does not prohibit other actions to recover the sums for which subsection (a) of this section creates a lien or prohibit an association taking a deed in lieu of foreclosure.  (e)       A judgment, decree, or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. If the lot owner does not contest the collection of debt and enforcement of a lien after the expiration of the 15‑day period following notice as required in subsection (e1) of this section, then reasonable attorneys' fees shall not exceed one thousand two hundred dollars ($1,200), not including costs or expenses incurred. The collection of debt and enforcement of a lien remain uncontested as long as the lot owner does not dispute, contest, or raise any objection, defense, offset, or counterclaim as to the amount or validity of the debt and [NAME] asserted or the association's right to collect the debt and enforce the lien as provided in this section. The attorneys' fee limitation in this subsection shall not apply to judicial foreclosures or to proceedings authorized under subsection (d) of this section or G.S. 47F‑3‑120.  (e1)     A lot owner may not be required to pay attorneys' fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees and court costs. The notice must be sent by first‑class mail to the property address and, if different, to the mailing address for the lot owner in the association's records. The notice shall set out the outstanding balance due as of the date of the notice and state that the lot owner has 15 days from the mailing of the notice by first‑class mail to pay the outstanding balance without the attorneys' fees and court costs. If the lot owner pays the outstanding balance within this period, then the lot owner shall have no obligation to pay attorneys' fees and court costs. The notice shall also inform the lot owner of the opportunity to contact a representative of the association to discuss a payment schedule for the outstanding balance as provided in subsection (e2) of this section and shall provide the name and telephone number of the representative.  (e2)     The association, acting through its executive board and in the board's sole discretion, may agree to allow payment of an outstanding balance in installments. Neither the association nor the lot owner is obligated to offer or accept any proposed installment schedule. Reasonable administrative fees and costs for accepting and processing installments may be added to the outstanding balance and included in an installment payment schedule. Reasonable attorneys' fees may be added to the outstanding balance and included in an installment schedule only after the lot owner has been given notice as required in subsection (e1) of this section.  (f)        Where the holder of a first mortgage or first deed of trust of record, or other purchaser of a lot obtains title to the lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors, and assigns, shall not be liable for the assessments against such lot which became due prior to the acquisition of title to such lot by such purchaser. Such unpaid assessments shall be deemed to be common expenses collectible from all the lot owners including such purchaser, its heirs, successors, and assigns.  (g)       A claim of [NAME] shall set forth the name and address of the association, the name of the record owner of the lot at the time the claim of [NAME] is filed, a description of the lot, and the amount of the [NAME] claimed. (1998‑199, s. 1; 2005‑422, s. 6.) | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NORTH DAKOTA | Condo and HOA: Actual foreclosure date forward | Chapter 47-04.1 CONDOMINIUM OWNERSHIP OF REAL PROPERTY | CHAPTER 47-04.1 CONDOMINIUM OWNERSHIP OF REAL PROPERTY 47-04.1-01. Definitions. In this chapter, unless context otherwise requires: 1. "Common areas" means the entire project excepting all units therein granted or reserved. 2. "Condominium" is an estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure, on such real property. 3. "Interest" means the fractional or percentage interest or interests ascribed to each unit by the declaration provided for in section 47-04.1-03. 4. "Limited common areas" means those elements designed for use by the owners of one or more but less than all of the units included in the project. 5. "Project" means the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon. 6. "To divide" real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof. 7. "Unit" means the elements of a condominium which are not owned in common with the owners of other condominiums in the project. 47-04.1-02. Recording of declaration to submit property to a project. When the sole owner or all the owners, or the sole lessee or all of the lessees of a lease desire to submit a parcel of real property to a project established by this chapter, a declaration to that effect shall be executed and acknowledged by the sole owner or lessee or all of such owners or lessees and shall be recorded in the office of the recorder of the county in which such property lies. 47-04.1-03. Contents of declaration. The declaration provided for in section 47-04.1-02 shall contain: 1. A description or survey map of the surface of the land included within the project. 2. Diagrammatic floor plans of the structures built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions. 3. A description of the common elements. 4. A description of the limited common elements. 5. The fractional or percentage interest which each unit bears to the entire project. The sum of such shall be one if expressed in fractions and one hundred if expressed in percentage. 47-04.1-04. Declaration of restrictions. The owner of a project, shall, prior to the conveyance of any condominium therein, record a declaration of restrictions relating to such project, which restrictions shall be enforceable equitable servitudes where reasonable, and shall inure to and bind all owners of condominiums in the project. Such servitudes, unless otherwise provided, may be enforced by any legal or equitable owner of a condominium in the project. Page No. 1 47-04.1-05. Reference to declaration for description of unit and common elements. All subsequent deeds, mortgages, or other instruments may describe the individual units, the common elements, the land, or limited common elements by reference to appropriate numbers or letters as they appear on the declaration provided for in section 47-04.1-03 without repeating in detail the description of the units, common elements other than the land, or limited common elements. The reference must include the book and page of the recorded declaration. 47-04.1-06. Incidents of a condominium grant. Unless otherwise expressly provided for in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows: 1. The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the units include both the portions of the building so described and the air-space so encompassed. The following except as provided above are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, whenever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building. 2. The common areas are owned by the owners of the units as tenants in common in proportion to each unit's interest. 3. A nonexclusive easement for ingress, egress, and support through the common area is appurtenant to and inseparable from each unit and the common areas are subject to such easements. 4. Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper, or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows, and doors bounding that owner's own unit. 5. Except as provided in section 47-04.1-09, the common areas shall remain undivided, and there shall be no judicial partition thereof. 47-04.1-07. Administration - Bylaws - Rules and regulations. 1. The unit owners of each project shall provide for the administration of each project. The unit owners or administrative body established by the unit owners shall provide by bylaws for the maintenance of common elements, limited common elements where applicable, assessment of expenses, payment of losses, division of profits, disposition of hazard insurance proceeds, and similar matters. A true copy of such bylaws must be annexed to the declaration set forth in section 47-04.1-02 when adopted, and made a part thereof and filed in the office of the recorder. No modification of or amendment to the bylaws is valid unless set forth in an amendment to the declaration and unless the amendment is duly recorded in the office of the recorder. 2. The following provisions may not be included in the bylaws: a. Provisions that base assessment of common charges on the basis of whether the occupant of a unit is an owner, a tenant, or other person. Page No. 2 b. Provisions that make payment of losses, division of profits, disposition of hazard proceeds, or any other topic that is within the scope of the bylaws, based on whether the occupant of a unit is an owner, a tenant, or other person. 3. All bylaws, rules, and regulations as adopted by the unit owners or administrative body of the project must be reduced to writing and made available to every owner of any interest in the project. 4. The unit owners shall also cause to be recorded in the office of the recorder the name of the person or persons who are responsible for the administrative duties and who may be designated as agent or agents for all owners for the service of legal process and possess such power and authority as may be provided in the bylaws. 47-04.1-08. Compliance with covenants, bylaws, and administrative provisions. Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set forth in the declarations or in the deed to that owner's unit. Failure to comply with such provisions shall be grounds for an action to recover sums due for damages, injunctive relief or such other relief as a court of proper jurisdiction may provide by the administrative body or in a proper case, by an aggrieved unit owner. 47-04.1-09. Partition not available - Exceptions. The provisions of chapter 32-16 relating to partition of real property shall not be available to any owner of any interest in real property included within a project established under this chapter as against any other owner or owners of any interest or interests in the same project, so as to terminate the project. An action may be brought by one or more unit owners in a project for partition thereof by sale of the entire project, as if the owners of all of the condominiums in such project were tenants-in-common in the entire project in the same proportion as their interest in the common areas, provided, however, that a partition by sale shall be made only upon the showing that: 1. Three years after damage or destruction to the project which renders a material part thereof unfit for its prior intended use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; 2. All or a substantial and material portion of the project has been destroyed or substantially damaged, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration of the project; or 3. The project is obsolete and uneconomic, and that condominium owners holding in aggregate more than a fifty percent interest in the common areas are opposed to repair or restoration of the project. 47-04.1-10. Withdrawal of property from project - Recording - Subsequent project. Any property so constituted as a condominium project may be removed therefrom at any time, provided the sole owner or all of the owners execute, acknowledge, and record a declaration evidencing such withdrawal. If at such time there are any encumbrances or liens against any of the units, such declaration will be effective only when the creditors holding such encumbrances or liens also execute and acknowledge such declaration, or their encumbrances or liens are satisfied, or expire by operation of law. No withdrawal of any property from a condominium project shall be a bar to any subsequent commitment to a condominium project. 47-04.1-11. Liens against units for common expenses - Removal from lien - Effect of part payment. A reasonable assessment for common expenses made by the administrative body upon any condominium and made in accordance with the recorded declaration and bylaws Page No. 3 shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs, and penalties, as such may be provided for in the declarations and bylaws, shall be and become a lien upon the condominium assessed when the administrative body causes such assessment to be recorded in the office of the recorder for the county in which such condominium is located. The notice of assessment shall state the amount of such assessment and other charges and the name of the record owner thereof. Such notice shall be signed by an authorized representative of the administrative body or as otherwise provided in the declarations and bylaws. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the administrative body shall cause a notice to be recorded stating the satisfaction and the release of the [NAME] thereof. 47-04.1-12. Other liens - Removal from - Part payment. Subsequent to recording the declaration provided for in section 47-04.1-02 and while the property remains enrolled as a condominium project, no [NAME] shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against the individual units and general common elements and limited common elements where applicable, appurtenant to such unit, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership. In the event a lien against two or more units becomes effective, the owners of the separate units may remove their unit and the general common elements and limited common elements, where applicable, appurtenant to such unit from the [NAME] by payment of the fractional or proportional amounts attributable to each of the units affected. Such individual payments shall be computed by reference to the fractions or percentages appearing on the declaration provided for in section 47-04.1-02 and bylaws annexed thereto. Subsequent to any such payment, discharge, or other satisfaction the individual unit and the general common elements and limited common elements applicable appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied, or discharged. Such partial payment, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce the lienor's rights against any unit and the general common elements and limited common elements, where applicable, appurtenant thereto not so paid, satisfied, or discharged. 47-04.1-13. Real property tax and special assessments - Levy on each unit. All real property taxes and special assessments shall be levied on each unit and its respective appurtenant fractional share or percentage of the land, general common elements and limited common elements where applicable as such units and appurtenances are separately owned, and not on the entire project. Any exemption from taxes that may exist on real property or the ownership thereof shall not be denied by virtue of the registration of the property under the provisions of this chapter. 47-04.1-14. Covenant, declaration, bylaw, or other rule may not prohibit display of political signs. Notwithstanding any provision in a covenant, declaration, bylaw, or other rule of a project, an owner or resident may not be prohibited from displaying a political yard sign on the owner's property within sixty days before any primary, general, or special election. A covenant, declaration, bylaw, or rule may include reasonable restrictions regarding the placement and manner of display of political signs. 47-04.1-15. Approval by lender of amendment. Notwithstanding any requirement in the condominium declaration or bylaws requiring a lender's approval of any amendment of the declaration or bylaws, after being given a thirty-day written notice beginning with the date of mailing, any lender contacted at the last-known address that does not refuse or approve of the proposed amendment is deemed to have approved the amendment. This section does not apply to any proposed amendment that affects a lender's right to enforce the terms of the mortgage. Page No. 4 | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NEBRASKA | Condo and HOA: Actual foreclosure date forward | NE Statute 76-874(b) | Nebraska [NAME] 76-874 Revised Statutes » Chapter 76 » 76-874  [NAME] for assessments and fines. [NAME] 76-874 [NAME] for assessments and fines. (a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due and a notice containing the dollar amount of such [NAME] is recorded in the office where mortgages are recorded. The association's [NAME] may be foreclosed in like manner as a mortgage on real estate but the association shall give reasonable notice of its action to all lienholders of the unit whose interest would be affected. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to subdivisions (a)(10), (a)(11), and (a)(12) of section 76-860 are enforceable as assessments 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 installment thereof becomes due.   (b) A lien under this section is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before the recordation of the declaration, (ii) a first mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent, and (iii) liens for real estate taxes and other governmental assessments or charges against the unit. The [NAME] under this section is not subject to the homestead exemption pursuant to section 40-101.   (c) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.   (d) A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessments becomes due.   (e) This section does not prohibit actions to recover sums for which subsection (a) of this section creates a lien or prohibit an association from taking a deed in lieu of foreclosure.   (f) A judgment or decree in any action brought under this section must include costs and reasonable attorney's fees for the prevailing party.   (g) The association upon written request shall furnish to a unit owner a recordable statement setting forth the amount of unpaid assessments against his or her unit. The statement must be furnished within ten business days after receipt of the request and is binding on the association, the executive board, and every unit owner.   Source Laws 1983, LB 433, § 50;  Laws 1984, LB 1105, § 12. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NEW HAMPSHIRE | Condo and HOA: Actual foreclosure date forward | NH Condominium Act Sec 356-B:46 | TITLE XXXI TRADE AND COMMERCE CHAPTER 356-B CONDOMINIUM ACT III. Unit Owners' Associations Section 356-B:46     356-B:46 Lien for Assessments. –      I. The unit owners' association shall have a lien on every condominium unit for unpaid assessments levied against that condominium unit in accordance with the provisions of this chapter and all lawful provisions of the condominium instruments, if perfected as hereinafter provided. The said [NAME], once perfected, shall be prior to all other liens and encumbrances except (a) real estate tax liens on that condominium unit, (b) liens and encumbrances recorded prior to the recordation of the declaration, and (c) sums unpaid on any first mortgages or first deeds of trust encumbering that condominium unit and securing institutional lenders. The provisions of this paragraph shall not affect the priority of mechanics' and materialmen's liens.      II. Notwithstanding any other provision of this section, or any other provision of law, all memoranda of liens arising under this section shall be recorded in the registry of deeds in each county in which any part of the condominium is located. Such memorandum shall be indexed in the general index to deeds, and such general index shall identify the [NAME] as a lien for condominium assessments.      III. The unit owners' association, in order to perfect the lien given by this section, shall file, before the expiration of 6 months from the time such assessment became due and payable in the registry of deeds in the county in which such condominium is situated, a memorandum, verified by the oath of the principal officer of the unit owners' association, or such other officer or officers as the condominium instruments may specify, which contains the following:         (a) A description of the condominium unit in accordance with RSA 356-B:9;         (b) The name or names of the persons constituting the unit owners of that condominium unit;         (c) The amount of unpaid assessments currently due or past due together with the date when each fell due; and         (d) The date of issuance of the memorandum.  It shall be the duty of the register in whose office such memorandum shall be filed as hereinabove provided to record and index the same as provided in paragraph II, in the names of the persons identified therein as well as in the name of the unit owners' association. The cost of recording such memorandum shall be taxed against the person found liable in any judgment or decree enforcing such [NAME].      IV. No suit to enforce any lien perfected under paragraph III shall be brought after 6 years from the time when the memorandum of [NAME] was recorded; provided, however, that the filing of a petition to enforce any such lien in any suit wherein such petition may be properly filed shall be regarded as the institution of a suit under this section; and provided further that nothing herein shall extend the time within which any such [NAME] may be perfected.      V. The judgment or decree in an action brought pursuant to this section shall include, without limitation, reimbursement for costs and attorneys' fees, together with interest at the maximum lawful rate for the sums secured by the lien from the time such sum became due and payable.      VI. When payment or satisfaction is made of a debt secured by the [NAME] perfected by paragraph III, said [NAME] shall be released in the same manner as required by RSA 479:7 for mortgages. For the purposes of this section, the principal officer of the unit owners' association, or such other officer or officers as the condominium instruments may specify, shall be deemed the duly authorized agent of the lien creditor and shall discharge said [NAME].      VII. Nothing in this section shall be construed to prohibit actions at law to recover sums for which paragraph I creates a lien, maintainable pursuant to RSA 356-B:15.      VIII. Any unit owner or purchaser of a condominium unit, having executed a contract for the disposition of the same, shall be entitled upon request to a recordable statement setting forth the amount of unpaid assessments currently levied against that unit. Such request shall be in writing, directed to the principal officer of the unit owners' association or to such other officer as the condominium instruments may specify. Failure to furnish or make available such a statement within 10 business days from the receipt of such request shall extinguish the [NAME] created by paragraph I as to the condominium unit involved. Such statement shall be binding on the unit owners' association, the board of directors, and every unit owner. Payment of a fee not exceeding $10 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.      IX. Notwithstanding any law, rule, or provision of the condominium declaration, bylaws, or rules to the contrary, the unit owners' association may authorize, pursuant to RSA 356-B, its board of directors to, after 30 days' prior written notice to the unit owner and unit owner's first mortgagee of nonpayment of common assessments, terminate the delinquent unit's common privileges and cease supplying a delinquent unit with any and all services normally supplied or paid for by the unit owners' association. Any terminated services and privileges shall be restored upon payment of all assessments.      X. The unit owners' association may collect an amount of up to 6 months' common expense assessments in advance from unit owners and hold the amount so collected in escrow and, upon default by any unit owner in the payment of common expense assessments, apply the same to cure such default.  Source. 1977, 468:1. 1994, 163:1, eff. July 22, 1994. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NEW JERSEY | HOA and Condo:  Six months prior to the filing of the writ. | 46:8B-21. Liens in favor of association; Section E | 46:8B-21. Liens in favor of association; priority.       21. a. The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses or otherwise, including any other moneys duly owed the association, upon proper notice to the appropriate unit owner, together with interest thereon and, if authorized by the master deed or bylaws, late fees, fines and reasonable attorney's fees; provided however that an association shall not record a lien in which the unpaid assessment consists solely of late fees. Such [NAME] shall be effective from and after the time of recording in the public records of the county in which the unit is located of a claim of [NAME] stating the description of the unit, the name of the record owner, the amount due and the date when due. Such claim of [NAME] shall include only sums which are due and payable when the claim of [NAME] is recorded and shall be signed and verified by an officer or agent of the association. Upon full payment of all sums secured by the [NAME], the party making payment shall be entitled to a recordable satisfaction of [NAME]. Except as set forth in subsection b. of this section, all such liens shall be subordinate to any lien for past due and unpaid property taxes, the lien of any mortgage to which the unit is subject and to any other lien recorded prior to the time of recording of the claim of [NAME].       b. A lien recorded pursuant to subsection a. of this section shall have a limited priority over prior recorded mortgages and other liens, except for municipal liens or liens for federal taxes, to the extent provided in this subsection. This priority shall be limited as follows:       (1) To a lien which is the result of customary condominium assessments as defined herein, the amount of which shall not exceed the aggregate customary condominium assessment against the unit owner for the six-month period prior to the recording of the lien.       (2) With respect to a particular mortgage, to a lien recorded prior to: (a) the receipt by the association of a summons and complaint in an action to foreclose a mortgage on that unit; or (b) the filing with the proper county recording office of a lis pendens giving notice of an action to foreclose a mortgage on that unit.        (3) In the case of more than one association [NAME] being filed, either because an association files more than one lien or multiple associations have filed liens, the total amount of the liens granted priority shall not be greater than the assessment for the six-month period specified in paragraph (1) of this subsection. Priority among multiple filings shall be determined by their date of recording with the earlier recorded liens having first use of the priority given herein.        (4) The priority granted to a lien pursuant to this subsection shall expire on the first day of the 60th month following the date of recording of an association's [NAME].        (5) A lien of an association shall not be granted priority over a prior recorded mortgage or mortgages under this subsection if a prior recorded [NAME] of the association for unpaid assessments has obtained priority over the same recorded mortgage or mortgages as provided in this subsection, for a period of 60 months from the date of recording of the [NAME] granted priority.       (6) When recording a lien which may be granted priority pursuant to this act, an association shall notify, in writing, any holder of a first mortgage [NAME] on the property of the filing of the association lien. An association which exercises a good faith effort but is unable to ascertain the identity of a holder of a prior recorded mortgage on the property will be deemed to be in substantial compliance with this paragraph.        For the purpose of this section, a "customary condominium assessment" shall mean an assessment for periodic payments, due the association for regular and usual operating and common area expenses pursuant to the association's annual budget and shall not include amounts for reserves for contingencies, nor shall it include any late charges, penalties, interest or any fees or costs for the collection or enforcement of the assessment or any lien arising from the assessment. The periodic payments due must be due monthly, or no less frequently than quarter-yearly, as may be acceptable to the Federal National Mortgage Association so as not to disqualify an otherwise superior mortgage on the condominium from purchase by the Federal National Mortgage Association as a first mortgage.       c. Upon any voluntary conveyance of a unit, the grantor and grantee of such unit shall be jointly and severally liable for all unpaid assessments pertaining to such unit duly made by the association or accrued up to the date of such conveyance without prejudice to the right of the grantee to recover from the grantor any amounts paid by the grantee, but the grantee shall be exclusively liable for those accruing while he is the unit owner.       d. Any unit owner or any purchaser of a unit prior to completion of a voluntary sale may require from the association a certificate showing the amount of unpaid assessments pertaining to such unit and the association shall provide such certificate within 10 days after request therefor. The holder of a mortgage or other lien on any unit may request a similar certificate with respect to such unit. Any person other than the unit owner at the time of issuance of any such certificate who relies upon such certificate shall be entitled to rely thereon and his liability shall be limited to the amounts set forth in such certificate.       e. If a mortgagee of a first mortgage of record or other purchaser of a unit obtains title to such unit as a result of foreclosure of the first mortgage, such acquirer of title, his successors and assigns shall not be liable for the share of common expenses or other assessments by the association pertaining to such unit or chargeable to the former unit owner which became due prior to acquisition of title as a result of the foreclosure. Any remaining unpaid share of common expenses and other assessments, except assessments derived from late fees or fines, shall be deemed to be common expenses collectible from all of the remaining unit owners including such acquirer, his successors and assigns.       f. Liens for unpaid assessments may be foreclosed by suit brought in the name of the association in the same manner as a foreclosure of a mortgage on real property. The association shall have the power, unless prohibited by the master deed or bylaws to bid on the unit at foreclosure sale, and to acquire, hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments may be maintained without waiving the [NAME] securing the same. Nothing herein shall alter the status or priority of municipal liens under R.S.54:5-1 et seq.        L.1969,c.257,s.21; amended 1995, c.354, s.4;1996, c.79, s.5;1997, c.190, s.2. | The listing agent is to provide a statement that includes no more than six months prior to the filing of through writ.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
 | If Association was given notice in the fore- closure action - Sheriff's Deed forward |  |  | The listing agent is to provide a statement prorated to the exact date of  the Sheriff's Deed or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the Sheriff's Deed was recorded was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NEW MEXICO | Condo and HOA: Actual foreclosure date forward | NM Code 47-7C-16 | 47-7C-16. [NAME] for assessments.   A.     The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's [NAME] may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to Section 47-7C-2 NMSA 1978 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment becomes due.      B.     Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.      [NAME] of the declaration constitutes record notice and perfection of the lien. No further recordation of the claim of [NAME] for assessment under this section is required.      D.     A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessments becomes due.      E.     This section does not prohibit actions to recover sums for which Subsection A of this section creates a lien or prohibit an association from taking a deed in lieu of foreclosure.      F.     A judgment or decree in any action brought under this section may include costs and reasonable attorney's fees for the prevailing party.      [NAME]The association upon written request shall furnish at a unit owner's request a recordable statement setting forth the amount of unpaid assessments against his unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board and every unit owner.      [NAME]To the extent provided in the declaration, the lien established by this section shall be subordinate to other liens or encumbrances.          [NAME], Legal Aid & Services Directory: New Mexico Lawyers | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
NEVADA | HOA and Condo:  Nine months prior to actual foreclosure date. | NRS 116.3116 | NRS 116.3116  Liens against units for assessments.        1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.        2.  A lien under this section is prior to all other liens and encumbrances on a unit except:        (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;        (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent; and        (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.  Ê The lien is also prior to all security interests described in paragraph (b) to the extent of the assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 6 months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.        3.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.        4.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of [NAME] for assessment under this section is required.        5.  A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within 3 years after the full amount of the assessments becomes due.        6.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.        7.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.        8.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.        9.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:        (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s [NAME] may be foreclosed under NRS 116.31162 to 116.31168, inclusive.        (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s [NAME]:               (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or               (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.        (Added to NRS by 1991, 567; A 1999, 390; 2003, 2243, 2272) | The listing agent is to provide a statement that includes no more than six months prior to the filing of through writ.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start October 15th, 2008 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before October 15th, 2008 will be rejected.
NEW YORK | Condo and HOA: Actual foreclosure date forward | NY Condo Act Article 9-B Sec 339-z | 339-z. Lien for common charges; priority; exoneration of grantor and   grantee. The board of managers, on behalf of the unit owners, shall have   a lien on each unit for the unpaid common charges thereof, together with   interest  thereon,  prior  to  all other liens except only (i) liens for   taxes on the unit in favor  of  any  assessing  unit,  school  district,   special district, county or other taxing unit, (ii) all sums unpaid on a   first  mortgage  of  record,  and (iii) all sums unpaid on a subordinate   mortgage of record held by the New York job development  authority,  the   New  York  state  urban development corporation, the division of housing   and community renewal, the housing trust fund corporation, the New  York   city  housing  development corporation, or in a city having a population   of one million or more, the  department  of  housing,  preservation  and   development.  Upon  the sale or conveyance of a unit, such unpaid common   charges shall be paid out of the sale proceeds or by  the  grantee.  Any   grantor  or  grantee of a unit shall be entitled to a statement from the   manager or board of managers, setting forth the  amount  of  the  unpaid   common  charges  accrued  against the unit, and neither such grantor nor   grantee shall be liable for, nor shall the unit conveyed be subject to a   lien for, any unpaid common charges against such unit accrued  prior  to   such   conveyance   in   excess   of   the  amount  therein  set  forth.   Notwithstanding   the   above,   the   declaration   of   an   exclusive   non-residential condominium may provide that the lien for common charges   will be superior to any mortgage liens of record. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
OHIO | Condo and HOA: Actual foreclosure date forward | OH Condominium Act 5311.18 (B1) | 5311.18 [NAME] for common expenses. (A)(1) Unless otherwise provided by the declaration or the bylaws, the unit owners association has a lien upon the estate or interest of the owner in any unit and the appurtenant undivided interest in the common elements for the payment of any of the following expenses that are chargeable against the unit and that remain unpaid for ten days after any portion has become due and payable :  (a) The portion of the common expenses chargeable against the unit;  (b) Interest, administrative late fees, enforcement assessments, and collection costs, attorney’s fees, and paralegal fees the association incurs if authorized by the declaration, the bylaws, or the rules of the unit owners association and if chargeable against the unit.  (2) Unless otherwise provided by the declaration, the bylaws, or the rules of the unit owners association, the association shall credit payments made by a unit owner for the expenses described in divisions (A)(1)(a) and (b) of this section in the following order of priority:  (a) First, to interest owed to the association;  (b) Second, to administrative late fees owed to the association;  (c) Third, to collection costs, attorney’s fees, and paralegal fees incurred by the association;  (d) Fourth, to the principal amounts the unit owner owes to the association for the common expenses or penalty assessments chargeable against the unit.  (3) The lien described in division (A)(1) of this section is effective on the date that a certificate of [NAME] in the form described in division (A)(3) of this section is filed for record in the office of the recorder of the county or counties in which the condominium property is situated pursuant to an authorization given by the board of directors of the unit owners association. The certificate shall contain a description of the unit, the name of the record owner of the unit, and the amount of the unpaid portion of the common expenses and, subject to subsequent adjustments, any unpaid interest, administrative late fees, enforcement assessments, collection costs, attorney’s fees, and paralegal fees. The certificate shall be subscribed by the president or other designated representative of the association.  (4) The [NAME] described in division (A)(1) of this section is valid for a period of five years from the date of filing, unless it is sooner released or satisfied in the same manner provided by law for the release and satisfaction of mortgages on real property or unless it is discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in division (C) of this section.  (B)(1) The [NAME] described in division (A)(1) of this section is prior to any [NAME] or encumbrance subsequently arising or created except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record and may be foreclosed in the same manner as a mortgage on real property in an action brought on behalf of the unit owners association by the president or other chief officer of the association pursuant to authority given to that individual by the board of directors.  (2) In a foreclosure action a unit owners association commences pursuant to division (B)(1) of this section or a foreclosure action the holder of a first mortgage or other lien on a unit commences, the owner of the unit, as the defendant in the action, shall be required to pay a reasonable rental for the unit during the pendency of the action . The unit owners association or the holder of the [NAME] is entitled to the appointment of a receiver to collect the rental. Each rental payment a receiver collects during the pendency of the foreclosure action shall be applied first to the payment of the portion of the common expenses chargeable to the unit during the foreclosure action.  (3) In a foreclosure action the holder of a lien on a unit commences, the holder of that [NAME] shall name the unit owners association as a defendant in the action.  (4) Unless prohibited by the declaration or the bylaws, following a foreclosure action a unit owners association commences pursuant to division (B)(1) of this section or a foreclosure action the holder of a lien on a unit commences, the association or its agent duly authorized by action of the board of directors, is entitled to become a purchaser at the foreclosure sale.  (5) A mortgage on a unit may contain a provision that secures the mortgagee’s advances for the payment of the portion of the common expenses chargeable against the unit upon which the mortgagee holds the mortgage.  (6) In any foreclosure action, it is not a defense, set off, counterclaim, or crossclaim that the unit owners association has failed to provide the unit owner with any service, goods, work, or material, or failed in any other duty.  (C) A unit owner who believes that the portion of the common expenses chargeable to the unit, for which the unit owners association files a certificate of [NAME] pursuant to division (A) of this section, has been improperly charged may commence an action for the discharge of the lien in the court of common pleas of the county in which all or a part of the condominium property is situated. In the action, if it is finally determined that the portion of the common expenses was improperly charged to the unit owner or the unit, the court shall enter an order that it determines to be just, which may provide for a discharge of record of all or a portion of the lien.  Effective Date: 07-20-2004 | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
OKLAHOMA | Condo and HOA: Actual foreclosure date forward | OK Unit Ownership Act  60-524A | 60-524.  §60-524.       (a) All sums assessed by the council of unit owners for the share of the common expenses chargeable to any unit which sums remain unpaid shall constitute a lien on such unit prior to all other liens except the following:     1.  Assessments, liens, and charges for taxes past due and unpaid on the unit,     2.  Judgments entered in a court of record prior to the date of common expense assessment,     3.  Mortgage instruments of encumbrance duly recorded prior to the date of such assessment,     4.  Mechanic's and materialmen's liens arising from labor performed or materials furnished upon a unit prior to the date of such assessment, and     5.  Mechanic's and materialmen's liens for labor performed or material furnished upon the common elements to the extent (sic) of the proportionate part chargeable to the unit owners which constitute a part of an assessable charge for common expenses satisfaction of which shall discharge the assessment to the extent of the payment made.     (b) The assessment [NAME] may be foreclosed by suit instituted by the council of unit owners or a duly authorized agent thereof in like manner as an action for foreclosure of a mortgage upon real property. In any such foreclosure proceedings, the unit owner shall be required to pay a reasonable rental for the use of his unit, if so provided in the bylaws and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same.  The council of unit owners, or their authorized agent, shall have power, unless prohibited by the declaration, to bid in at the foreclosure sale and to acquire and hold, lease, mortgage and convey the unit ownership estate acquired at the foreclosure sale.  Suit to recover money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the [NAME] securing the same.     (c) Upon sale or conveyance of a unit encumbered by an assessment [NAME], such [NAME] shall be paid first, out of the sale proceeds or by the grantee, subject only as aforesaid.     (d) Where the holder of a first mortgage of record or other purchaser obtains title to the unit ownership estate as a result of foreclosure of the first mortgage, such acquirer of title shall not be liable for the share of the common expenses or assessments by the council of unit owners chargeable to such unit which became due prior to acquisition of title to such unit by such acquirer.  Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all the unit owners, including such acquirer. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
OREGON | [NAME] all if Association filed lien before F/C date | 100.450¹  Association lien against individual unit; | § 100.450¹   Association lien against individual unit; • recording notice of claim;  • foreclosure;  • priority of lien  1 Legislative Counsel Committee, CHAPTER 100—Condominiums, http://­www.­leg.­state.­or.­us/­ors/­100.­html (2007) (last ac­cessed Feb. 12, 2009).    Close this  (1) Whenever an association of unit owners levies any assessment against a unit, the association of unit owners shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts levied under the declaration or bylaws. The [NAME] is prior to a homestead exemption and all other liens or encumbrances upon the unit except:  (a) Tax and assessment liens; and  (b) A first mortgage or trust deed of record unless:  (A) The condominium consists of fewer than seven units, all of which are to be used for nonresidential purposes;  (B) The declaration provides that the lien of any mortgage or trust deed of record affecting the property shall be subordinate to the lien of the association provided under subsection (1) of this section; and  (C) The holder of any mortgage or trust deed of record affecting the property when the declaration is recorded executes a separate subordination of the holder’s interest to the declaration which is attached as an exhibit and which states that the holder understands that the declaration subordinates the holder[NAME] to the assessment lien of the association provided under subsection (1) of this section.  (2) Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of [NAME] for assessments or notice of a claim of [NAME] under this section is required to perfect the association’s lien. The association shall record a notice of claim of [NAME] for assessments under this section in the deed records of the county in which the unit is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain:  (a) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;  (b) The name of the owner of the unit, or reputed owner, if known;  (c) The name of the condominium and the designation of the unit as stated in the declaration or applicable supplemental declaration; and  (d) A statement that if the owner of the unit thereafter fails to pay any assessments when due, as long as the original or any subsequent unpaid assessment remains unpaid, the unpaid amount of assessments automatically continue to accumulate with interest without the necessity of further recording.  (3) The notice shall be verified by the oath of some person having knowledge of the facts and shall be recorded by the county recording officer. The record shall be indexed as other liens are required by law to be indexed.  (4)(a) The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 (Construction liens) except, notwithstanding ORS 87.055 (Duration of lien), a lien may be continued in force for a period of time not to exceed six years from the date the assessment is due. For the purpose of determining the date the assessment is due in those cases when subsequent unpaid assessments have accumulated under a notice recorded as provided in subsection (2) of this section, the assessment and claim regarding each unpaid assessment shall be deemed to have been levied at the time the unpaid assessment became due.  (b) The lien may be enforced by the board of directors acting on behalf of the association of unit owners.  (c) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the [NAME] securing the claim for unpaid assessments.  (d) An action to foreclose a lien under this section or recover a money judgment for unpaid assessments may not be maintained unless the Condominium Information Report and the Annual Report described in ORS 100.250 (Documents required to be filed with Real Estate Agency) are designated current as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency).  (5) Unless the declaration or bylaws provides otherwise, fees, late charges, fines and interest imposed pursuant to ORS 100.405 (Association of unit owners) (4)(j), (k), (L) and (m) are enforceable as assessments under this section.  (6) With respect to condominium units also constituting timeshare property as defined by ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945), liens created by this section shall be assessed to the timeshare owners in the timeshare property according to the method for determining each owner’s liability for common expenses under the timeshare instrument and shall be enforced individually against each timeshare owner in the condominium unit.  (7) Notwithstanding the priority established for a lien for unpaid assessments and interest under subsection (1) of this section, the lien shall also be prior to the lien of a first mortgage or trust deed of record for the unit and the undivided interest in the common elements, if:  (a) The association of unit owners for the condominium in which the unit is located has given the lender under the mortgage or trust deed 90 days prior written notice that the owner of the unit is in default in payment of an assessment. The notice shall contain:  (A) Name of borrower;  (B) Recording date of trust deed or mortgage;  (C) Recording information;  (D) Name of condominium, unit owner and unit designation stated in the declaration or applicable supplemental declaration; and  (E) Amount of unpaid assessment.  (b) The notice under paragraph (a) of this subsection shall set forth the following in 10-point type:  ______________________________________________________________________________   NOTICE: The lien of the association may become prior to that of the lender pursuant to ORS 100.450 (Association lien against individual unit).  ______________________________________________________________________________   (c) The lender has not initiated judicial action to foreclose the mortgage or requested issuance of a trustee’s notice of sale under the trust deed or accepted a deed in lieu of foreclosure in the circumstances described in ORS 100.465 (Circumstances in which deed in lieu of foreclosure extinguishes [NAME]) prior to the expiration of 90 days following the notice by the unit owners’ association.  (d) The unit owners’ association has provided the lender, upon request, with copies of any liens filed on the unit, a statement of the assessments and interest remaining unpaid on the unit and other documents which the lender may reasonably request.  (e) The borrower is in default under the terms of the mortgage or trust deed as to principal and interest.  (f) A copy of the notice described in paragraph (a) of this subsection, together with an affidavit of notice by a person having knowledge of the facts, has been recorded in the manner prescribed in subsection (3) of this section. The affidavit shall recite the date and the person to whom the notice was given. [Formerly 94.195; 1995 c.31 §13; 1997 c.816 §10; 1999 c.59 §18; 1999 c.677 §71; 2001 c.104 §31; 2003 c.569 §36] | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
 | Condo  Actual foreclosure date forward if no Association lien filed before F/C date | [NAME] | § 100.475¹   Personal liability for assessment • joint liability of grantor and grantee following conveyance  • limitation  (1) A unit owner shall be personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners.  (2) Where the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, such purchaser, the successors and assigns of the purchaser, shall not be liable for any of the assessments against such unit or its owner which became due prior to the acquisition of title to such unit by such purchaser except as specifically provided otherwise in ORS 100.450 (Association lien against individual unit). Such unpaid assessments shall be a common expense of all the unit owners including such purchaser, the successors and assigns of the purchaser.  (3)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the unit to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantee therefor.  (b) Upon request of an owner or owner’s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the unit effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement.  (4) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:  (a) May rely upon a written statement of unpaid assessments delivered pursuant to this section; and  (b) Is not liable for a failure to pay to the association at closing any amount in excess of the amount set forth in the written statement. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
 | HOA: Pay all | https://www.oregonlaws.org/ors/94.709 | § 94.709¹   Liens against lots • priority  • duration  • record notice of claim of unpaid assessment  • foreclosure procedure  (1) Whenever a homeowners association levies any assessment against a lot, the association shall have a lien upon the individual lot for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws or other recorded governing document. The [NAME] is prior to a homestead exemption and all other liens or encumbrances upon the lot except:  (a) Tax and assessment liens; and  (b) A first mortgage or trust deed of record.  (2) Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of [NAME] for assessments or notice of a claim of [NAME] under this section is required to perfect the association’s lien. The association shall record a notice of claim of [NAME] for assessments under this section in the deed records of the county in which a lot is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain:  (a) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;  (b) The name of the owner of the lot, or reputed owner, if known;  (c) The name of the association;  (d) The description of the lot as provided in ORS 93.600 (Description of real property for purposes of recordation); and  (e) A statement that if the owner of the lot thereafter fails to pay any assessments when due, as long as the original or any subsequent unpaid assessment remains unpaid, the unpaid amount of assessments automatically continue to accumulate with interest without the necessity of further recording.  (3) The notice shall be verified by the oath of some person having knowledge of the facts and shall be recorded by the county recording officer. The record shall be indexed as other liens are required by law to be indexed.  (4)(a) The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 (Construction liens) except, notwithstanding ORS 87.055 (Duration of lien), a lien may be continued in force for a period of time not to exceed six years from the date the assessment is due. For the purpose of determining the date the assessment is due in those cases when subsequent unpaid assessments have accumulated under a notice recorded as provided in subsection (2) of this section, the assessment and claim regarding each unpaid assessment shall be deemed to have been levied at the time the unpaid assessment became due.  (b) The lien may be enforced by the board of directors acting on behalf of the association.  (c) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the [NAME] securing the claim for unpaid assessments.  (5) Unless the declaration or bylaws provide otherwise, fees, late charges, fines and interest imposed pursuant to ORS 94.630 (Powers of association) (1)(L), (n) and (o) are enforceable as assessments under this section.  (6) This section does not prohibit an 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.  (7) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien for unpaid assessments. However, recovery on the action operates to satisfy the lien, or the portion thereof, for which recovery is made. | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
PENNSYLVANIA | HOA and Condo:  Six months prior to actual foreclosure date. | [NAME] for assessments - 68 Pa. Cons. Stat. § 5315 | § 5315.  [NAME] for assessments.         (a)  General rule.--The association has a lien on a unit for      any assessment levied against that unit or fines imposed against      its unit owner from the time the assessment or fine becomes due.      The association's [NAME] may be foreclosed in a like manner as a      mortgage on real estate. A judicial or other sale of the unit in      execution of a common element [NAME] or any other [NAME] shall not      affect the lien of a mortgage on the unit, except the mortgage      for which the sale is being held, if the mortgage is prior to      all other liens upon the same property except those liens      identified in 42 Pa.C.S. § 8152(a) (relating to judicial sale as      affecting lien of mortgage) and liens for planned community      assessments created under this section. Unless the declaration      otherwise provides, fees, charges, late charges, fines and      interest charged under section 5302(a)(10), (11) and (12)      (relating to power of unit owners' association) and reasonable      costs and expenses of the association, including legal fees,      incurred in connection with collection of any sums due to the      association by the unit owner or enforcement of the provisions      of the declaration, bylaws, rules or regulations against the      unit owner are enforceable as assessments under this section. If      an assessment is payable in installments and one or more      installments are not paid when due, the entire outstanding      balance of the assessment becomes effective as a lien from the      due date of the delinquent installment.         (b)  Priority of lien.--             (1)  General rule.--A [NAME] under this section is prior to         all other liens and encumbrances on a unit except:                 (i)  [NAME] and encumbrances recorded before the             recording of the declaration.                 (ii)  (A)  Mortgages and deeds of trust on the unit                 securing first mortgage holders and recorded before                 due date of the assessment if the assessment is not                 payable in installments or the due date of the unpaid                 installment if the assessment is payable in                 installments.                     (B)  Judgments obtained for obligations secured                 by any such mortgage or deed of trust under clause                 (A).                 (iii)  Liens for real estate taxes and other             governmental assessments or charges against the unit.             (2)  Limited nondivestiture.--The association's [NAME] for         assessments shall be divested by a judicial sale of the unit:                 (i)  As to unpaid common expense assessments made             under section 5314(b) (relating to assessments for common             expenses) that come due during the six months immediately             preceding the date of a judicial sale of a unit in an             action to enforce collection of a lien against a unit by             a judicial sale, only to the extent that the six months'             unpaid assessments are paid out of the proceeds of the             sale.                 (ii)  As to unpaid common expense assessments made             under section 5314(b) other than the six months'             assessment referred to in subparagraph (i), in a full             amount of the unpaid assessments, whether or not the             proceeds of the judicial sale are adequate to pay these             assessments. To the extent that the proceeds of the sale             are sufficient to pay some or all of these additional             assessments after satisfaction in full of the costs of             the judicial sale and the liens and encumbrances of the             types described in paragraph (1) and the unpaid common             expense assessments that come due during the six-month             period described in subparagraph (i), the assessments             shall be paid before any remaining proceeds may be paid             to any other claimant, including the prior owner of the             unit.             (3)  Monetary exemption.--The lien is not subject to the         provisions of 42 Pa.[NAME] 8123 (relating to general monetary         exemption).         (c)  Liens having equal priority.--If the association and one      or more associations, condominium associations or cooperative      associations have liens for assessments created at any time on      the same real estate, those liens have equal priority.         (d)  Notice and perfection of lien.--Subject to the      provisions of subsection (b), recording of the declaration      constitutes record notice and perfection of the [NAME].         (e)  Limitation of actions.--A lien for unpaid assessments is      extinguished unless proceedings to enforce the [NAME] are      instituted within three years after the assessments become      payable.         (f)  Other remedies preserved.--Nothing in this section shall      be construed to prohibit actions or suits to recover sums for      which subsection (a) creates a lien or to prohibit an      association from taking a deed in lieu of foreclosure.         (g)  Costs and attorney fees.--A judgment or decree in any      action or suit brought under this section shall include costs      and reasonable attorney fees for the prevailing party.         (h)  Statement of unpaid assessments.--The association shall      furnish to a unit owner upon written request a recordable      statement setting forth the amount of unpaid assessments      currently levied against his unit and any credits of surplus in      favor of his unit under section 5313 (relating to surplus      funds). The statement shall be furnished within ten business      days after receipt of the request and is binding on the      association, the executive board and every unit owner.         (i)  Application of payments.--Unless the declaration      provides otherwise, any payment received by an association in      connection with the [NAME] under this section shall be applied      first to any interest accrued by the association, then to any      late fee, then to any costs and reasonable attorney fees      incurred by the association in collection or enforcement and      then to the delinquent assessment. The foregoing shall be      applicable notwithstanding any restrictive endorsement,      designation or instructions placed on or accompanying a payment.      (Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)          2004 Amendment.  Act 189 amended subsec. (b)(1) and (2)(i)      and added subsec. (i).         Cross References.  Section 5315 is referred to in section      5102 of this title.  Section:  Previous  5308  5309  5310  5311  5312  5313  5314  5315  5316  5317  5318  5319  5320  5401  5402  Next  Last modified: November 27, 2007 | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
RHODE ISLAND | Condo and HOA: Pay all | RI Condominium Act 34-36-20 | Not provided - Generally this is not disputed since we are responsible for all charges | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
SOUTH CAROLINA | Condo and HOA: Actual foreclosure date forward | SECTION 27-31-210. [NAME] for unpaid assessments | SECTION 27-31-210. [NAME] for unpaid assessments; right of mortgagee or purchaser acquiring title at foreclosure sale.   (a) All sums assessed by the administrator, or the board of administration, or other form of administration specified in the bylaws, but unpaid, for the share of common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment in favor of any assessing unit, and (ii) mortgage and other liens, duly recorded, encumbering the apartment. Such [NAME] may be foreclosed by suit by the administrator, or the board of administration, or other form of administration specified in the bylaws, acting on behalf of the council of co-owners, in like manner as a mortgage of real property. In any such foreclosure the apartment owner shall be required to pay a reasonable rental for the apartment after the commencement of the foreclosure action and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect such rents. The administrator, or the board of administration, or other form of administration specified in the bylaws, acting on behalf of the council of co-owners, shall have the power to bid in the apartment at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses may be maintainable without instituting foreclosure proceedings.   (b) Where the mortgagee of any mortgage of record or other purchaser of an apartment obtains title at the foreclosure sale of such a mortgage, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the co-owners chargeable to such apartment accruing after the date of recording such mortgage but prior to the acquisition of title to such apartment by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners, including such acquirer, his successors and assigns. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
SOUTH DAKOTA | Condo and HOA: Actual foreclosure date forward |  |  | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
TENNESSEE | Condo and HOA: Actual foreclosure date forward | The Tennessee Condominium Act Of 2008 |  | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
TEXAS | Condo: Actual foreclosure date forward | Section 82 | Sec. 82.113.  [NAME] LIEN FOR ASSESSMENTS.  (a)  An assessment levied by the association against a unit or unit owner is a personal obligation of the unit owner and is secured by a continuing lien on the unit and on rents and insurance proceeds received by the unit owner and relating to the owner's unit. In this section, "assessments" means regular and special assessments, dues, fees, charges, interest, late fees, fines, collection costs, attorney's fees, and any other amount due to the association by the unit owner or levied against the unit by the association, all of which are enforceable as assessments under this section unless the declaration provides otherwise.  (b)  The association's [NAME] for assessments has priority over any other lien except:  (1)  a lien for real property taxes and other governmental assessments or charges against the unit unless otherwise provided by Section 32.05, Tax Code;  (2)  a lien or encumbrance recorded before the declaration is recorded;  (3)  a first vendor's [NAME] or first deed of trust lien recorded before the date on which the assessment sought to be enforced becomes delinquent under the declaration, bylaws, or rules; and  (4)  unless the declaration provides otherwise, a lien for construction of improvements to the unit or an assignment of the right to insurance proceeds on the unit if the [NAME] or assignment is recorded or duly perfected before the date on which the assessment sought to be enforced becomes delinquent under the declaration, bylaws, or rules.  (c)  The association's [NAME] for assessments is created by recordation of the declaration, which constitutes record notice and perfection of the lien. Unless the declaration provides otherwise, no other recordation of a lien or notice of [NAME] is required.  (d)  By acquiring a unit, a unit owner grants to the association a power of sale in connection with the association's [NAME]. By written resolution, a board may appoint, from time to time, an officer, agent, trustee, or attorney of the association to exercise the power of sale on behalf of the association. Except as provided by the declaration, an association shall exercise its power of sale pursuant to Section 51.002.  (e)  The association has the right to foreclose its lien judicially or by nonjudicial foreclosure pursuant to the power of sale created by this chapter or the declaration, except that the association may not foreclose a lien for assessments consisting solely of fines. Costs of foreclosure may be added to the amount owed by the unit owner to the association. A unit owner may not petition a court to set aside a sale solely because the purchase price at the foreclosure sale was insufficient to fully satisfy the owner's debt.  (f)  The association may bid for and purchase the unit at foreclosure sale as a common expense. The association may own, lease, encumber, exchange, sell, or convey a unit.  (g)  The owner of a unit used for residential purposes and purchased by an association at a foreclosure sale of the association's [NAME] for assessments may redeem the unit not later than the 90th day after the date of the foreclosure sale. To redeem the unit, the owner must pay to the association all amounts due the association at the time of the foreclosure sale, interest from the date of foreclosure sale to the date of redemption at the rate provided by the declaration for delinquent assessments, reasonable attorney's fees and costs incurred by the association in foreclosing the lien, any assessment levied against the unit by the association after the foreclosure sale, and any reasonable cost incurred by the association as owner of the unit, including costs of maintenance and leasing. On redemption, the association shall execute a deed to the redeeming unit owner. The exercise of the right of redemption is not effective against a subsequent purchaser or lender for value without notice of the redemption after the redemption period expires unless the redeeming unit owner records the deed from the association or an affidavit stating that the owner has exercised the right of redemption. A unit that has been redeemed remains subject to all liens and encumbrances on the unit before foreclosure. All rents and other income collected from the unit by the association from the date of foreclosure sale to the date of redemption belong to the association, but the rents and income shall be credited against the redemption amount. An association purchasing a unit at a sale foreclosing its lien may not transfer ownership of the unit during the redemption period to a person other than a redeeming owner.  (h)  If a unit owner defaults in the owner's monetary obligations to the association, the association may notify other lien holders of the default and the association's intent to foreclose its lien. The association shall notify any holder of a recorded [NAME] or duly perfected mechanic's [NAME] against a unit who has given the association a written request for notification of the unit owner's monetary default or the association's intent to foreclose its lien.  (i)  This section does not prohibit the association from taking a deed in lieu of foreclosure or from filing suit to recover a money judgment for sums that may be secured by the [NAME].  (j)  At any time before a nonjudicial foreclosure sale, a unit owner may avoid foreclosure by paying all amounts due the association.  (k)  If, on January 1, 1994, a unit is the homestead of the unit owner and is subject to a declaration that does not contain a valid assessment [NAME] against the unit, the lien provided by this section does not attach against the unit until the unit ceases to be the homestead of the person owning it on January 1, 1994.  (l)  Foreclosure of a tax lien attaching against a unit under Chapter 32, Tax Code, does not discharge the association's [NAME] for assessments under this section or under a declaration for amounts becoming due to the association after the date of foreclosure of the tax lien.  (m)  If a unit owner is delinquent in payment of assessments to an association, at the request of the association a holder of a recorded [NAME] against the unit may provide the association with information about the unit owner's debt secured by the holder's [NAME] against the unit and other relevant information. At the request of a lien holder, the association may furnish the lien holder with information about the condominium and the unit owner's obligations to the association.    Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994. | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
 | HOA: Actual foreclosure date forward | Property Code 204 | PROPERTY CODE    TITLE 11. RESTRICTIVE COVENANTS    CHAPTER 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS    [NAME]. 204.001.  DEFINITIONS.  In this chapter:  (1)  "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003.  (2)  "Dedicatory instrument," "petition," and "restrictive covenant" have the meanings assigned by Section 202.001.  (3)  "Regular assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association on a regular basis and that are to be used by the association for the benefit of the subdivision in accordance with the original, extended, added, or modified restrictions.  (4)  "Special assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association, after a vote of the membership, for the purpose of paying for the costs of capital improvements to the common areas that are incurred or will be incurred by the association during the fiscal year. A special assessment may be assessed before or after the association incurs the capital improvement costs.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.002.  APPLICATION.  (a)  This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7, Property Code, that is located in whole or in part:  (1)  in a county with a population of 2.8 million or more;  (2)  in a county with a population of 250,000 or more that is adjacent to the Gulf of Mexico and that is adjacent to a county having a population of 2.8 million or more; or  (3)  in a county with a population of 275,000 or more that:  (A)  is adjacent to a county with a population of 3.3 million or more; and  (B)  contains part of a national forest.  (b)  This chapter applies to a restriction regardless of its effective date.  (c)  This chapter does not apply to portions of a subdivision that are zoned for or that contain a commercial structure, an industrial structure, an apartment complex, or a condominium development governed by Title 7, Property Code. For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995. Amended by Acts 2003, 78th Leg., ch. 547, Sec. 1, eff. Sept. 1, 2003.  Amended by:   Acts 2005, 79th Leg., [NAME]. 1078, Sec. 1, eff. September 1, 2005.      Text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 767, Sec. 1    For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1367, Sec. 5, see other Sec. 204.003.    [NAME]. 204.003.  PROVISIONS OF RESTRICTIVE COVENANTS PREVAIL IN CERTAIN CIRCUMSTANCES.  (a)  An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter.  (b)  Notwithstanding Subsection (a), for a residential subdivision described by Subsection (c), the provisions of this chapter prevail over an express designation in a document described by Subsection (a) if:  (1)  the designated number of owners of real property in the subdivision required for approval of an extension of, addition to, or modification of the document is more than 75 percent; or  (2)  the designation prohibits the extension of, addition to, or modification of an existing restriction for a certain time period and that time period has not expired.  (c)  Subsection (b) applies to a residential subdivision that is located in a county described by Section 204.002(a)(3) other than a gated community with private streets.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.  Amended by:   Acts 2007, 80th Leg., R.S., Ch. 767, Sec. 1, eff. September 1, 2007.      Text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1367, Sec. 5    For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 767, Sec. 1, see other Sec. 204.003.    [NAME]. 204.003.  APPLICATION OF PROVISIONS OF RESTRICTIVE COVENANTS IN CERTAIN CIRCUMSTANCES.  (a)  An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter.  (b)  A document creating restrictions that provides for the extension or renewal of restrictions and does not provide for modification or amendment of restrictions may be modified under this chapter, including modifying the provision that provides for extension or renewal of the restrictions.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.  Amended by:   Acts 2007, 80th Leg., R.S., Ch. 1367, Sec. 5, eff. September 1, 2007.      Sec. 204.004.  PROPERTY OWNERS' ASSOCIATION.  (a)  A property owners' association is a designated representative of the owners of property in a subdivision and may be referred to as a "homeowners association," "community association," "civic association," "civic club," "association," "committee," or similar term contained in the restrictions. The membership of the association consists of the owners of property within the subdivision.  (b)  The association must be nonprofit and may be incorporated as a Texas nonprofit corporation. An unincorporated association may incorporate under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).  (c)  The association's board of directors or trustees must be elected or appointed in accordance with the applicable provisions of the restrictions and the association's articles of incorporation or bylaws.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.005.  EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS.  (a)  A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions. A property owners' association is not required to comply with Sections 201.009-201.012.  (b)  A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners' association is effective if:  (1)  the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument; and  (2)  the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.  (c)  If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners' association's jurisdiction.  (d)  If approved, the petition is binding on all properties in the subdivision or section, as applicable.  (e)  A property owners' association that circulates a petition must notify all record owners of property in the subdivision in writing of the proposed extension, addition to, or modification of the existing restrictions. Notice may be hand-delivered to residences within the subdivision or sent by regular mail to the owner's last known mailing address as reflected in the ownership records maintained by the property owners' association. The approval of multiple owners of a property may be reflected by the signature of a single co-owner.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.006.  CREATION OF PROPERTY OWNERS' ASSOCIATION.  (a)  If existing restrictions applicable to a subdivision do not provide for a property owners' association and require approval of more than 60 percent of the owners to add to or modify the original dedicating instrument, a petition to add to or modify the existing restrictions for the sole purpose of creating and operating a property owners' association with mandatory membership, mandatory regular or special assessments, and equivalent voting rights for each of the owners in the subdivision is effective if:  (1)  a petition committee has been formed as prescribed by Section 201.005;  (2)  the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 60 percent of the real property in the subdivision; and  (3)  the procedure employed in the circulation and approval of the petition to add to or amend the existing restrictions for the specified purpose complies with the requirements of this chapter.  (b)  If the circulated petition is not approved by the required percentage of owners within one year of the creation of the petition committee, the petition is void and another petition committee may be formed.  (c)  If the petition is approved, the petition is binding on all properties in the subdivision or section, as applicable.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.007.  EFFECT ON LIENHOLDERS.  (a)  Extensions of, additions to, or modifications of restrictions under this chapter are binding on a lienholder, excluding restrictions relating to regular or special assessment increases if the assessment is not subordinated to purchase money or home improvement liens.  (b)  If the assessment lien of the property owners' association is subordinate to purchase money or home improvement liens, the lienholder is not entitled to notice of the proposed dedicatory instrument and the lienholder is bound by the instrument if the instrument is approved. If the assessment [NAME] is not subordinated, a lienholder who is not a signatory to the dedicatory instrument and whose [NAME] was established before the effective date of the dedicatory instrument is not bound by the portion of the dedicatory instrument that increases the amount of the regular or special assessment during any period of ownership by the lienholder.  (c)  A person who acquires title to the property at a foreclosure sale or by deed from a foreclosing lienholder is bound by the assessment increase.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.008.  METHOD OF ADOPTION.  An extension, addition to, or modification of restrictions proposed by a property owners' association may be adopted:  (1)  by a written ballot that states the substance of the amendment and specifies the date by which a ballot must be received to be counted;  (2)  at a meeting of the members represented by the property owners' association if written notice of the meeting stating the purpose of the meeting is delivered to each owner of property in the subdivision;  (3)  by door-to-door circulation of a petition by the property owners' association or a person authorized by the property owners' association;  (4)  by a method permitted by the existing restrictions; or  (5)  by a combination of the methods described by this section.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.009.  TEXAS NONPROFIT CORPORATIONS.  (a)  If the property owners' association is referenced in the existing, extended, added to, or modified restrictions as a Texas nonprofit corporation, the instrument contemplates the interaction of a nonprofit corporation, its articles of incorporation, and its bylaws.  (b)  The property owners' association has the powers and shall promote the purposes enumerated in the articles of incorporation and bylaws. These powers and purposes necessarily modify the express provisions of the restrictions to include the referenced powers and purposes.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.010.  POWERS OF PROPERTY OWNERS' ASSOCIATION.  (a)  Unless otherwise provided by the restrictions or the association's articles of incorporation or bylaws, the property owners' association, acting through its board of directors or trustees, may:  (1)  adopt and amend bylaws;  (2)  adopt and amend budgets for revenues, expenditures, and reserves and collect regular assessments or special assessments for common expenses from property owners;  (3)  hire and terminate managing agents and other employees, agents, and independent contractors;  (4)  institute, defend, intervene in, settle, or compromise litigation or administrative proceedings on matters affecting the subdivision;  (5)  make contracts and incur liabilities relating to the operation of the subdivision and the property owners' association;  (6)  regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision;  (7)  make additional improvements to be included as a part of the common area;  (8)  grant easements, leases, licenses, and concessions through or over the common area;  (9)  impose and receive payments, fees, or charges for the use, rental, or operation of the common area and for services provided to property owners;  (10)  impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments;  (11)  if notice and an opportunity to be heard are given, collect reimbursement of actual attorney's fees and other reasonable costs incurred by the property owners' association relating to violations of the subdivision's restrictions or the property owners' association's bylaws and rules;  (12)  charge costs to an owner's assessment account and collect the costs in any manner provided in the restrictions for the collection of assessments;  (13)  adopt and amend rules regulating the collection of delinquent assessments and the application of payments;  (14)  impose reasonable charges for preparing, recording, or copying amendments to the restrictions, resale certificates, or statements of unpaid assessments;  (15)  purchase insurance and fidelity bonds, including directors' and officers' liability insurance, that the board considers appropriate or necessary;  (16)  if the restrictions allow for an annual increase in the maximum regular assessment without a vote of the membership, assess the increase annually or accumulate and assess the increase after a number of years;  (17)  subject to the requirements of the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and by majority vote of its board of directors, indemnify a director or officer of the property owners' association who was, is, or may be made a named defendant or respondent in a proceeding because the person is or was a director;  (18)  if the restrictions vest the architectural control authority in the property owners' association or if the authority is vested in the property owners' association under Section 204.011:  (A)  implement written architectural control guidelines for its own use or record the guidelines in the real property records of the applicable county; and  (B)  modify the guidelines as the needs of the subdivision change;  (19)  exercise other powers conferred by the restrictions, its articles of incorporation, or its bylaws;  (20)  exercise other powers that may be exercised in this state by a corporation of the same type as the property owners' association; and  (21)  exercise other powers necessary and proper for the governance and operation of the property owners' association.  (b)  Powers enumerated by this section are in addition to any other powers granted to a property owners' association by this chapter or other law.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.      Sec. 204.011.  ARCHITECTURAL CONTROL COMMITTEE.  (a)  This section applies to restrictions providing for the creation and operation of an architectural control committee with the power to approve or deny applications for proposed original construction or modification of a building, structure, or improvement.  (b)  Unless the restrictions applicable to a residential real estate subdivision vest the architectural control committee authority in the property owners' association before either of the following events, the architectural control committee authority automatically vests in the property owners' association when:  (1)  the term of the architectural control committee authority expires as prescribed by the restrictions;  (2)  a residence on the last available building site is completed and sold;  (3)  the person or entity designated as the architectural control committee in the restrictions assigns, in writing, authority to the property owners' association; or  (4)  an assignee of the original holder abandons its authority for more than one year.  (c)  If the architectural control committee authority is transferred to the property owners' association, the authority is vested in the property owners' association until:  (1)  the restrictions are modified to reflect otherwise;  (2)  the restrictions are terminated; or  (3)  the property owners' association ceases to exist.  (d)  If existing restrictions applicable to a subdivision do not provide for a property owners' association and a property owners' association has not been formed, the architectural control committee authority over the entire subdivision vests in a civic association other than a property owners' association if:  (1)  an architectural control committee created by the restrictions exercised the architectural control committee authority as provided by the restrictions over all the lots in the subdivision for at least 10 years and over a majority of the lots in the subdivision for at least 20 years;  (2)  an architectural control committee created by the restrictions assigned the civic association the architectural control committee authority over a majority of the lots in the subdivision;  (3)  the civic association was assigned the architectural control committee authority over a majority of the lots in the subdivision and has exercised that authority over all the lots in the subdivision for at least 10 years; and  (4)  the architectural control committee authority has lapsed in the lots in which the civic association lacks authority, and the lapse is solely the result of:  (A)  the automatic termination of the architectural control committee authority; or  (B)  the death of a member of the architectural control committee or another cause resulting from the inability to locate a member of the architectural control committee or the member's assigns.    Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.  Amended by:   Acts 2007, 80th Leg., R.S., Ch. 711, Sec. 1, eff. September 1, 2007.
UTAH | Condo and HOA: Pay all |  | Not provided - Generally this is not disputed since we are responsible for all charges | The listing agent is to provide a statement that shows a payoff balance for all association charges that are owed.  The statement shall run through the current date and include the next billing cycle. | Assume today’s date is August 15th, 2009:  The statement shall include a payoff for all charges and include the payment due for September of 2009 (or next quarter if paid quarterly).
VIRGINIA | Condo and HOA: Actual foreclosure date forward | [NAME] 55-516 - Lien for assessments | § 55-516. [NAME] for assessments.   A. Once perfected, the association shall have a lien on every lot for unpaid assessments levied against that lot in accordance with the provisions of this chapter and all lawful provisions of the declaration. The [NAME], once perfected, shall be prior to all other subsequent liens and encumbrances except (i) real estate tax liens on that lot, (ii) liens and encumbrances recorded prior to the recordation of the declaration, and (iii) sums unpaid on and owing under any mortgage or deed of trust recorded prior to the perfection of said [NAME]. The provisions of this subsection shall not affect the priority of mechanics' and materialmen's liens. Notice of a memorandum of [NAME] to a holder of a credit line deed of trust under § 55-58.2 shall be given in the same fashion as if the association's [NAME] were a judgment.   B. The association, in order to perfect the lien given by this section, shall file before the expiration of 12 months from the time the first such assessment became due and payable in the clerk's office of the circuit court in the county or city in which such development is situated, a memorandum, verified by the oath of the principal officer of the association, or such other officer or officers as the declaration may specify, which contains the following:   1. The name of the development;   2. A description of the lot;   3. The name or names of the persons constituting the owners of that lot;   4. The amount of unpaid assessments currently due or past due relative to such lot together with the date when each fell due;   5. The date of issuance of the memorandum;   6. The name of the association and the name and current address of the person to contact to arrange for payment or release of the [NAME]; and   7. A statement that the association is obtaining a lien in accordance with the provisions of the Virginia Property Owners' Association Act as set forth in Chapter 26 (§ 55-508 et seq.) of Title 55.   It shall be the duty of the clerk in whose office such memorandum is filed as hereinafter provided to record and index the same as provided in subsection D, in the names of the persons identified therein as well as in the name of the association. The cost of recording and releasing the memorandum shall be taxed against the person found liable in any judgment or decree enforcing such [NAME].   C. Prior to filing a memorandum of [NAME], a written notice shall be sent to the property owner by certified mail, at the property owner's last known address, informing the property owner that a memorandum of [NAME] will be filed in the circuit court clerk's office of the applicable city or county. The notice shall be sent at least 10 days before the actual filing date of the memorandum of [NAME].   D. Notwithstanding any other provision of this section, or any other provision of law requiring documents to be recorded in the miscellaneous lien books or the deed books in the clerk's office of any court, on or after July 1, 1989, all memoranda of liens arising under this section shall be recorded in the deed books in the clerk's office. Any memorandum shall be indexed in the general index to deeds, and the general index shall identify the [NAME] as a lien for lot assessments.   E. No suit to enforce any lien perfected under subsection B shall be brought or action to foreclose any lien perfected under subsection I shall be initiated after 36 months from the time when the memorandum of [NAME] was recorded; however, the filing of a petition to enforce any such lien in any suit wherein the petition may be properly filed shall be regarded as the institution of a suit under this section. Nothing herein shall extend the time within which any such [NAME] may be perfected.   F. The judgment or decree in an action brought pursuant to this section shall include, without limitation, reimbursement for costs and reasonable attorneys' fees of the prevailing party. If the association prevails, it may also recover interest at the legal rate for the sums secured by the lien from the time each such sum became due and payable.   G. When payment or satisfaction is made of a debt secured by the [NAME] perfected by subsection B hereof, the lien shall be released in accordance with the provisions of § 55-66.3. Any [NAME] which is not so released shall subject the lien creditor to the penalty set forth in subdivision A (1) of § 55-66.3. For the purposes of § 55-66.3, the principal officer of the association, or any other officer or officers as the declaration may specify, shall be deemed the duly authorized agent of the lien creditor.   H. Nothing in this section shall be construed to prohibit actions at law to recover sums for which subsection A hereof creates a lien, maintainable pursuant to § 55-515.   I. At any time after perfecting the lien pursuant to this section, the property owners' association may sell the lot at public sale, subject to prior liens. For purposes of this section, the association shall have the power both to sell and convey the lot and shall be deemed the lot owner's statutory agent for the purpose of transferring title to the lot. A nonjudicial foreclosure sale shall be conducted in compliance with the following:   1. The association shall give notice to the lot owner prior to advertisement required by subdivision 4. The notice shall specify (i) the debt secured by the perfected [NAME]; (ii) the action required to satisfy the debt secured by the perfected [NAME]; (iii) the date, not less than 60 days from the date the notice is given to the lot owner, by which the debt secured by the [NAME] must be satisfied; and (iv) that failure to satisfy the debt secured by the lien on or before the date specified in the notice may result in the sale of the lot. The notice shall further inform the lot owner of the right to bring a court action in the circuit court of the county or city where the lot is located to assert the nonexistence of a debt or any other defense of the lot owner to the sale.   2. After expiration of the 60-day notice period specified in subdivision 1, the association may appoint a trustee to conduct the sale. The appointment of the trustee shall be filed in the clerk's office of the circuit court in the county or city in which such development is situated. It shall be the duty of the clerk in whose office such appointment is filed to record and index the same as provided in subsection D, in the names of the persons identified therein as well as in the name of the association. The association, at its option, may from time to time remove the trustee and appoint a successor trustee.   3. If the lot owner meets the conditions specified in this subdivision prior to the date of the foreclosure sale, the lot owner shall have the right to have enforcement of the perfected [NAME] discontinued prior to the sale of the lot. Those conditions are that the lot owner: (i) satisfy the debt secured by [NAME] that is the subject of the nonjudicial foreclosure sale and (ii) pays all expenses and costs incurred in perfecting and enforcing the lien, including but not limited to advertising costs and reasonable attorneys' fees.   4. In addition to the advertisement required by subdivision 5, the association shall give written notice of the time, date and place of any proposed sale in execution of the [NAME], and including the name, address and telephone number of the trustee, by personal delivery or by mail to (i) the present owner of the property to be sold at his last known address as such owner and address appear in the records of the association, (ii) any lienholder who holds a note against the property secured by a deed of trust recorded at least 30 days prior to the proposed sale and whose address is recorded with the deed of trust, and (iii) any assignee of such a note secured by a deed of trust provided the assignment and address of the assignee are likewise recorded at least 30 days prior to the proposed sale. Mailing a copy of the advertisement or the notice containing the same information to the owner by certified or registered mail no less than 14 days prior to such sale and to lienholders and their assigns, at the addresses noted in the memorandum of [NAME], by ordinary mail no less than 14 days prior to such sale, shall be a sufficient compliance with the requirement of notice.   5. The advertisement of sale by the association shall be in a newspaper having a general circulation in the city or county wherein the property to be sold, or any portion thereof, lies pursuant to the following provisions:   a. The association shall advertise once a week for four successive weeks; however, if the property or some portion thereof is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate. The sale shall be held on any day following the day of the last advertisement which is no earlier than eight days following the first advertisement nor more than 30 days following the last advertisement.   b. Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale. The advertisement of sale, in addition to such other matters as the association finds appropriate, shall set forth a description of the property to be sold, which description need not be as extensive as that contained in the deed of trust, but shall identify the property by street address, if any, or, if none, shall give the general location of the property with reference to streets, routes, or known landmarks. Where available, tax map identification may be used but is not required. The advertisement shall also include the date, time, place, and terms of sale and the name of the association. It shall set forth the name, address and telephone number of the representative, agent, or attorney who may be able to respond to inquiries concerning the sale.   c. In addition to the advertisement required by subdivisions a and b above, the association may give such other further and different advertisement as the association finds appropriate.   6. In the event of postponement of sale, which postponement shall be at the discretion of the association, advertisement of such postponed sale shall be in the same manner as the original advertisement of sale.   7. Failure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the property voidable by the court.   8. In the event of a sale, the association shall have the following powers and duties:   a. Written one-price bids may be made and shall be received by the trustee from the association or any person for entry by announcement at the sale. Any person other than the trustee may bid at the foreclosure sale, including a person who has submitted a written one-price bid. Upon request to the trustee, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids. Unless otherwise provided in the declaration, the association may bid to purchase the lot at a foreclosure sale. The association may own, lease, encumber, exchange, sell or convey the lot. Whenever the written bid of the association is the highest bid submitted at the sale, such written bid shall be filed by the trustee with his account of sale required under subdivision I 10 of this section and § 26-15. The written bid submitted pursuant to this subsection may be prepared by the association, its agent or attorney.   b. The association may require of any bidder at any sale a cash deposit of as much as 10 percent of the sale price before his bid is received, which shall be refunded to him if the property is not sold to him. The deposit of the successful bidder shall be applied to his credit at settlement, or if such bidder fails to complete his purchase promptly, the deposit shall be applied to pay the costs and expenses of the sale, and the balance, if any, shall be retained by the association in connection with that sale.   c. The property owners' association shall receive and receipt for the proceeds of sale, no purchaser being required to see to the application of the proceeds, and apply the same in the following order: first, to the reasonable expenses of sale, including attorneys' fees; second, to the satisfaction of all taxes, levies and assessments, with costs and interest; third, to the satisfaction of the lien for the owners' assessments; fourth, to the satisfaction in the order of priority of any remaining inferior claims of record; and fifth, to pay the residue of the proceeds to the owner or his assigns; provided, however, that the association as to such residue shall not be bound by any inheritance, devise, conveyance, assignment or lien of or upon the owner's equity, without actual notice thereof prior to distribution.   9. The trustee shall deliver to the purchaser a trustee's deed conveying the lot with special warranty of title. The trustee shall not be required to take possession of the property prior to the sale thereof or to deliver possession of the lot to the purchaser at the sale.   10. The trustee shall file an accounting of the sale with the commissioner of accounts pursuant to § 26-15 and every account of a sale shall be recorded pursuant to § 26-16. In addition, the accounting shall be made available for inspection and copying pursuant to § 55-510 upon the written request of the prior lot owner, current lot owner or any holder of a recorded [NAME] against the lot at the time of the sale. The association shall maintain a copy of the accounting for at least 12 months following the foreclosure sale.   11. If the sale of a lot is made pursuant to subsection I and the accounting is made by the trustee, the title of the purchaser at such sale shall not be disturbed unless within 12 months from the confirmation of the accounting by the commissioner of accounts, the sale is set aside by the court or an appeal is allowed by the Supreme Court of Virginia, and a decree is therein entered requiring such sale to be set aside.   (1989, c. 679; 1991, c. 667; 1997, cc. 760, 766; 2000, c. 905; 2004, cc. 778, 779, 786.) | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
[NAME] | Condo and HOA: Actual foreclosure date forward | § 3-116. [NAME] for assessments | § 3-116. [NAME] for assessments  (a) The association has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to subdivisions 3-102(a)(10), (11), and (12) of this title are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment becomes due.  (b) A lien under this section is prior to all other liens and encumbrances except:  (1) liens and encumbrances recorded before the recordation of the declaration; and  (2) a first mortgage or deed of trust on the unit recorded before the date on which the assessment to be enforced became delinquent; and  (3) liens for real estate taxes and other governmental assessments or charges against the unit. The [NAME] is also prior to all security interests described in subdivision (2) of this subsection to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to subsection 3-115(a) of this title which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. A lien under this section is not subject to the provisions of chapter 3 of Title 27.  (c) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.  (d) Recording the declaration constitutes record notice and perfection of the lien. No further recording of any claim or [NAME] for assessment under this section is required.  (e) A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessment becomes due.  (f) This section does not prohibit an action to recover sums for which subsection (a) of this section creates a lien or an association from taking a deed in lieu of foreclosure.  (g) A judgment or decree in any action brought under this section shall include an award of costs and reasonable attorney fees to the prevailing party.  (h) The association, upon written request, shall furnish to a unit owner a statement of the amount of unpaid assessments against that unit. If the unit owner's interest is real estate, the statement shall be recordable. The statement shall be provided within 10 business days after receipt of the request and is binding on the association, the executive board and every unit owner.  (i) The association's [NAME] may be foreclosed pursuant to section 4531a of Title 12 in which case the association shall notify all the lienholders of the affected unit of its action.  (j) A unit owner is not exempt from liability for payment of common expenses by a waiver of the use or enjoyment of any of the common elements or by abandonment of the unit.  (k) In an action by an association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver to collect all sums alleged to be due and owing to a unit owner before commencement or during pendency of the action. The court may order the receiver to pay any sums held by the receiver to the association during pendency of the action to the extent of the association's common expense assessments based on a periodic budget adopted by the association pursuant to section 3-115 of this title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2001, No. 46, § 13.) | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
WASHINGTON | HOA and Condo:  Six months prior to actual foreclosure date. | RCW 64.34.364 [NAME] for assessments. | RCWs > Title 64 > Chapter 64.34 > Section 64.34.364   64.34.360  <<  64.34.364 >>   64.34.368   RCW 64.34.364 [NAME] for assessments.    (1) The association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due.       (2) A lien under this section shall be prior to all other liens and encumbrances on a unit except: (a) Liens and encumbrances recorded before the recording of the declaration; (b) a mortgage on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and (c) liens for real property taxes and other governmental assessments or charges against the unit. A lien under this section is not subject to the provisions of chapter 6.13 RCW.       (3) Except as provided in subsections (4) and (5) of this section, the lien shall also be prior to the mortgages described in subsection (2)(b) of this section to the extent of assessments for common expenses, excluding any amounts for capital improvements, based on the periodic budget adopted by the association pursuant to RCW 64.34.360(1) which would have become due during the six months immediately preceding the date of a sheriff's sale in an action for judicial foreclosure by either the association or a mortgagee, the date of a trustee's sale in a nonjudicial foreclosure by a mortgagee, or the date of recording of the declaration of forfeiture in a proceeding by the vendor under a real estate contract.       (4) The priority of the association's [NAME] against units encumbered by a mortgage held by an eligible mortgagee or by a mortgagee which has given the association a written request for a notice of delinquent assessments shall be reduced by up to three months if and to the extent that the lien priority under subsection (3) of this section includes delinquencies which relate to a period after such holder becomes an eligible mortgagee or has given such notice and before the association gives the holder a written notice of the delinquency. This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association.       (5) If the association forecloses its lien under this section nonjudicially pursuant to chapter 61.24 RCW, as provided by subsection (9) of this section, the association shall not be entitled to the lien priority provided for under subsection (3) of this section.       (6) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.       (7) Recording of the declaration constitutes record notice and perfection of the lien for assessments. While no further recording of any claim of [NAME] for assessment under this section shall be required to perfect the association's [NAME], the association may record a notice of claim of [NAME] for assessments under this section in the real property records of any county in which the condominium is located. Such recording shall not constitute the written notice of delinquency to a mortgagee referred to in subsection (2) of this section.       (8) A lien for unpaid assessments and the personal liability for payment of assessments is extinguished unless proceedings to enforce the [NAME] or collect the debt are instituted within three years after the amount of the assessments sought to be recovered becomes due.       (9) The lien arising under this section may be enforced judicially by the association or its authorized representative in the manner set forth in chapter 61.12 RCW. The lien arising under this section may be enforced nonjudicially in the manner set forth in chapter 61.24 RCW for nonjudicial foreclosure of deeds of trust if the declaration (a) contains a grant of the condominium in trust to a trustee qualified under RCW 61.24.010 to secure the obligations of the unit owners to the association for the payment of assessments, (b) contains a power of sale, (c) provides in its terms that the units are not used principally for agricultural or farming purposes, and (d) provides that the power of sale is operative in the case of a default in the obligation to pay assessments. The association or its authorized representative shall have the power, unless prohibited by the declaration, to purchase the unit at the foreclosure sale and to acquire, hold, lease, mortgage, or convey the same. Upon an express waiver in the complaint of any right to a deficiency judgment in a judicial foreclosure action, the period of redemption shall be eight months. Nothing in this section shall prohibit an association from taking a deed in lieu of foreclosure.       (10) From the time of commencement of an action by the association to foreclose a lien for nonpayment of delinquent assessments against a unit that is not occupied by the owner thereof, the association shall be entitled to the appointment of a receiver to collect from the lessee thereof the rent for the unit as and when due. If the rental is not paid, the receiver may obtain possession of the unit, refurbish it for rental up to a reasonable standard for rental units in this type of condominium, rent the unit or permit its rental to others, and apply the rents first to the cost of the receivership and attorneys' fees thereof, then to the cost of refurbishing the unit, then to applicable charges, then to costs, fees, and charges of the foreclosure action, and then to the payment of the delinquent assessments. Only a receiver may take possession and collect rents under this subsection, and a receiver shall not be appointed less than ninety days after the delinquency. The exercise by the association of the foregoing rights shall not affect the priority of preexisting liens on the unit.       (11) Except as provided in subsection (3) of this section, the holder of a mortgage or other purchaser of a unit who obtains the right of possession of the unit through foreclosure shall not be liable for assessments or installments thereof that became due prior to such right of possession. Such unpaid assessments shall be deemed to be common expenses collectible from all the unit owners, including such mortgagee or other purchaser of the unit. Foreclosure of a mortgage does not relieve the prior owner of personal liability for assessments accruing against the unit prior to the date of such sale as provided in this subsection.       (12) In addition to constituting a lien on the unit, each assessment shall be the joint and several obligation of the owner or owners of the unit to which the same are assessed as of the time the assessment is due. In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Suit to recover a personal judgment for any delinquent assessment shall be maintainable in any court of competent jurisdiction without foreclosing or waiving the [NAME] securing such sums.       (13) The association may from time to time establish reasonable late charges and a rate of interest to be charged on all subsequent delinquent assessments or installments thereof. In the absence of another established nonusurious rate, delinquent assessments shall bear interest from the date of delinquency at the maximum rate permitted under RCW 19.52.020 on the date on which the assessments became delinquent.       (14) The association shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment.       (15) The association upon written request shall furnish to a unit owner or a mortgagee a statement signed by an officer or authorized agent of the association setting forth the amount of unpaid assessments against that unit. The statement shall be furnished within fifteen days after receipt of the request and is binding on the association, the board of directors, and every unit owner, unless and to the extent known by the recipient to be false.       (16) To the extent not inconsistent with this section, the declaration may provide for such additional remedies for collection of assessments as may be permitted by law.   [1990 c 166 § 6; 1989 c 43 § 3-117.]   Notes:      Effective date -- 1990 c 166: See note following RCW 64.34.020. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.
WISCONSIN | Condo and HOA: Actual foreclosure date forward | WI Condominium Act 703.01 | [NAME] for unpaid common expenses, unpaid damages, and unpaid penalties. (1) DEFINITION. In this section, “assessments” means regular and special assessments for common expenses and charges, fines, or assessments against specific units or unit owners for damages to the condominium or for penalties for violations of the declaration, bylaws, or association rules. (2) LIABILITY FOR ASSESSMENTS. A unit owner shall be liable for all assessments, or installments thereof, coming due while owning a unit, including any assessments coming due during the pendency of any claim by the unit owner against the association or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person. In a voluntary grant, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his or her share of the common expenses up to the time of the voluntary grant for which a statement of condominium [NAME] is recorded, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee for such assessments. Liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. Updated 07−08 Wis. Stats. Database 10 703.165 CONDOMINIUMS Not certified under s. 35.18 (2), stats.  (3) ASSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of [NAME] is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2−year period it is filed. A statement of condominium [NAME] is filed in the land records of the clerk of circuit court of the county where the unit is located, stating the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condominium [NAME] under the name of the record owner in the judgment and lien docket. The statement of condominium [NAME] shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the [NAME] is claimed, the unit owner shall be entitled to a satisfaction of the lien that may be filed with the clerk of circuit court. (4) STATEMENT. Any grantee of a unit is entitled to a statement from the association or the executive board, setting forth the amount of unpaid assessments against the grantor. The grantee is not liable for, nor shall the unit conveyed be subject to a lien that is not filed under sub. (3) for, any unpaid assessment against the grantor in excess of the amount set forth in the statement. If an association or a board of directors does not provide such a statement within 10 business days after the grantee’s request, they are barred from claiming under any lien that is not filed under sub. (3) prior to the request for the statement against the grantee. (5) PRIORITY OF LIEN. A lien under this section is prior to all other liens except: (a) Liens of general and special taxes. (b) All sums unpaid on a first mortgage recorded prior to the making of the assessment. (c) Mechanic’s liens filed prior to the making of the assessment. (d) All sums unpaid on any mortgage loan made under s. 45.80, 1989 stats. (e) A lien under s. 292.31 (8) (i) or 292.81. (6) INTEREST ON UNPAID ASSESSMENT. Any assessment, or installment thereof, not paid when due shall bear interest, at the option of the association, from the date when due until paid at a rate not exceeding the highest rate permitted by law as stated in the bylaws. (7) ENFORCEMENT OF LIEN. A lien may be enforced and foreclosed by an association or any other person specified in the bylaws, in the same manner, and subject to the same requirements, as a foreclosure of mortgages on real property in this state. An association may recover costs and actual attorney fees. An association may, unless prohibited by the declaration, bid on the unit at foreclosure sale and acquire, hold, lease, mortgage and convey the unit. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the [NAME] securing the same. Suit for any deficiency following foreclosure may be maintained in the same proceeding. No action may be brought to foreclose the lien unless brought within 3 years following the recording of the statement of condominium [NAME]. No action may be brought to foreclose the [NAME] except after 10 days’ prior written notice to the unit owner given by registered mail, return receipt requested, to the address of the unit owner shown on the books of the association. (8) FORM OF STATEMENT OF CONDOMINIUM LIEN. A statement of condominium [NAME] is sufficient for the purposes of this chapter if it contains the following information and is substantially in the following form: Statement of Condominium [NAME] This is to certify that .................... owner(s) of unit No. ..... in .................... Condominium (is) (are) indebted to the association in the amount of $.......... as of .........., .... (year) for (his) (her) (its) (their) (proportionate share of common expenses of the Condominium) (damages to the condominium) (penalties for violation of condominium declaration, bylaws, or rules) for the period from (date) to (date), plus interest thereon at the rate of ....%, costs of collection, and actual attorney fees. Association By: .......................... Officer’s title (or agent) Address Phone number I hereby affirm under penalties of perjury that the information contained in the foregoing Statement of Condominium [NAME] is true and correct to the best of my knowledge, information, and belief. ............................... Officer (or agent) History: 2003 a. 283 ss. 31, 34; 2003 a. 326. NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.  Electronic reproduction of 2007−08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009. Text from the 2007−08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified under s. 35.18 (2), stats. Statutory changes effective prior to 9−1−09 are printed as if currently in effect. Statutory changes effective on or after 9−1−09 are designated by NOTES. Report errors at (608) 266−3561, FAX 264−6948, http://www.legis. state.wi.us/rsb/stats.html | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
WYOMING | Condo and HOA: Actual foreclosure date forward | TITLE 34 - PROPERTY, CONVEYANCES AND SECURITY TRANSACTIONS |  | The listing agent is to provide a statement prorated to the exact date of foreclosure or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start July 15th, 2009 (or August 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before July 15th, 2009 will be rejected.
WEST VIRGINIA | HOA and Condo:  Six months prior to actual foreclosure date. | http://law.justia.com/westvirginia/codes/36b/wvc36b-3-116.html | §36B-3-116. [NAME] for assessments.   (a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to section 3- 102(a)(10), (11) and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. (b) A lien under this section is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes, or takes subject to, (ii) a first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, the first security interest encumbering only the unit owner's interest and perfected before the date on which the assessment sought to be enforced became delinquent, and (iii) liens for real estate taxes and other governmental assessments or charges against the unit or cooperative. The [NAME] is also prior to all security interests described in clause (ii) above to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to section 3-115(a) which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. (The lien under this section is not subject to the provisions of (insert appropriate reference to state homestead, dower and curtesy, or other exemptions).) (c) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority. (d) A lien for unpaid assessments is extinguished unless proceedings to enforce the [NAME] are instituted within three years after the full amount of the assessments becomes due. (e) This section does not prohibit actions to recover sums for which subsection (a) creates a lien or prohibit an association from taking a deed in lieu of foreclosure. (f) A judgment or decree in any action brought under this section must include costs and reasonable attorney's fees for the prevailing party. (g) The association upon written request shall furnish to a unit owner a statement setting forth the amount of unpaid assessments against the unit. If the unit owner's interest is real estate, the statement must be in recordable form. The statement must be furnished within ten business days after receipt of the request and is binding on the association, the executive board, and every unit owner. (h) For the purpose of perfecting and preserving its lien, the association shall give notice to the unit owner in the manner set forth in section one (§56-2-1), article two, chapter fifty-six of this code, or by registered or certified mail, return receipt requested, and in a form reasonably calculated to inform the owner of his liability for payment of the assessment. The lien shall be discharged as to subsequent purchasers for value without notice unless the association shall cause to be recorded a notice of the lien in the office of the clerk of the county commission of any county wherein any part of the condominium is located. The notice shall contain: (1) A legally sufficient description of the unit; (2) The name or names of the owners of the unit; (3) The amount of unpaid assessments due together with the date when each fell due; and (4) The date of recordation. The clerk of the county commission in whose office the notice is recorded shall index the notice in the appropriate deedbooks and [NAME] books in the name of the unit owners and of the association. The cost of recordation shall be assessed against any unit owner found to be delinquent in a subsequent proceeding to enforce the [NAME]. Upon payment of the assessment, the association shall execute a written release of the lien in the manner set forth in section one (§38-12-1), article twelve, chapter thirty-eight of this code. This release shall be recorded, at the expense of the association, in the office of the clerk of the county commission wherein the notice of the [NAME] was filed. (i) At any time before the association has disposed of a unit in a cooperative or entered into a contract for its disposition under the power of sale, the unit owners or the holder of any subordinate security interest may cure the unit owner's default and prevent sale or other disposition by tendering the performance due under the security agreement, including any amounts due because of exercise of a right to accelerate, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender, including reasonable attorney's fees of the creditor. | The listing agent is to provide a statement that includes no more than six months prior to the foreclosure date.  The statement shall be prorated to the exact day or start on the beginning of the next month at the option of the Association.  The statement shall run through the current date and include the next billing cycle. | Assume the foreclosure date was July 15th, 2009 and today’s date is August 15th, 2009:  The statement shall start January 15th, 2009 (or February 1st if the Association elects not to prorate) and include the payment due for September of 2009 (or next quarter if paid quarterly).  In this example, statements having charges applied before January 15th, 2009 will be rejected.