58-3123. Priority of liens.
58-3123
58-3123. Priority of liens.(a) All sums assessed by the association of apartment owners but unpaidfor the share of the common expenses chargeable to any apartment shallconstitute 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 specialdistrict, and (ii) all sums unpaid on a first mortgage of record. Such lienmay be foreclosed by suit by the manager or board of directors, acting onbehalf of the apartment owners, in like manner as a mortgage of realproperty. In any such foreclosure the apartment owner shall be required topay a reasonable rental for the apartment, if so provided in the bylaws,and the plaintiff in such foreclosure shall be entitled to the appointmentof a receiver to collect the same. The manager or board of directors,acting on behalf of the apartment owners, shall have power, unlessprohibited by the declaration, to bid in the apartment at foreclosure sale,and to acquire and hold, lease, mortgage and convey the same. Suit torecover a money judgment for unpaid common expenses shall be maintainablewithout foreclosing or waiving the lien securing the same.
(b) Where the mortgagee of a first mortgage of record or other purchaserof an apartment obtains title to the apartment as a result of foreclosureof the first mortgage, such acquirer of title, his or her successors and assigns,shall not be liable for the share of the common expenses or assessment bythe association of apartment owners chargeable to such apartment whichbecome due prior to the acquisition of title to such apartment by suchacquirer. Such unpaid share of common expenses or assessments shall bedeemed to be common expenses collectible from all of the apartment ownersincluding such acquirer, his or her successors and assigns.
History: L. 1963, ch. 329, § 23; July 1.