Kentucky Statutes 381.799 – Association’s continuing lien — Validity and priority of liens
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(1) The association shall have a continuing lien upon the real estate or interest in any lot for the nonpayment of any assessment, special assessment, or charge levied in accordance with KRS § 381.797, as well as any related interest, fines, administrative late fees, enforcement assessments, collection costs, or reasonable attorney fees that are chargeable against the lot and that remain unpaid thirty (30) days after any portion has become due and payable.
(2) A lien charged and properly recorded against a property pursuant to this section is: (a) Valid unless it is sooner released or satisfied in the same manner provided by
law for the release and satisfaction of mortgages on real property; and
(b) Prior to any other lien, except:
1. Liens for real estate taxes and liens for other governmental charges, penalties, or assessments, including but not limited to liens filed by a local government pursuant to KRS § 65.8835; and
2. Any mortgage, liens, or encumbrances recorded prior to the lien recordation against the property.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 23, sec. 15, effective June 29, 2023.
(2) A lien charged and properly recorded against a property pursuant to this section is: (a) Valid unless it is sooner released or satisfied in the same manner provided by
Terms Used In Kentucky Statutes 381.799
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
law for the release and satisfaction of mortgages on real property; and
(b) Prior to any other lien, except:
1. Liens for real estate taxes and liens for other governmental charges, penalties, or assessments, including but not limited to liens filed by a local government pursuant to KRS § 65.8835; and
2. Any mortgage, liens, or encumbrances recorded prior to the lien recordation against the property.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 23, sec. 15, effective June 29, 2023.