Superseded 7/1/2024)
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Superseded 7/1/2024
57-8a-301. Lien in favor of association for assessments and costs of collection.
(1) |
(a) |
Except as provided in Section 57-8a-105, an association has a lien on a lot for:
(ii) |
except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including:
(A) |
court costs and reasonable attorney fees; |
(D) |
any other amount that the association is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and |
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(iii) |
a fine that the association imposes against a lot owner in accordance with Section 57-8a-208, if:
(A) |
the time for appeal described in Subsection 57-8a-208(5) has expired and the lot owner did not file an appeal; or |
(B) |
the lot owner timely filed an appeal under Subsection 57-8a-208(5) and the district court issued a final order upholding a fine imposed under Subsection 57-8a-208(1). |
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(b) |
The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a). |
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(2) |
If an assessment is payable in installments, a lien described in Subsection (1)(a)(i) is for the full amount of the assessment from the time the first installment is due, unless the association otherwise provides in a notice of assessment. |
(3) |
An unpaid assessment or fine accrues interest at the rate provided:
(b) |
in the declaration, if the declaration provides for a different interest rate. |
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(4) |
A lien under this section has priority over each other lien and encumbrance on a lot except:
(a) |
a lien or encumbrance recorded before the declaration is recorded; |
(b) |
a first or second security interest on the lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the association; or |
(c) |
a lien for real estate taxes or other governmental assessments or charges against the lot. |
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(5) |
A lien under this section is not subject to 5. |
(6) |
Unless the declaration provides otherwise, if two or more associations have liens for assessments on the same lot, the liens have equal priority, regardless of when the liens are created. |
Amended by Chapter 116, 2014 General Session