SB 391 Summary

• Clarifies that completing a payment plan (not merely agreeing to one) is required to cure a nonjudicial foreclosure default on a condominium unit.

• Specifies that fines imposed on a unit owner while a payment plan is in effect shall not trigger default under the payment plan, and requires parties to attempt mediation on fines disputes within 30 days.

• Limits "pay first, dispute later" requirements to common expense assessments only; allows unit owners to demand mediation before paying contested penalties, fines, late fees, and other non-common expense charges.

• Prohibits associations from foreclosing liens arising solely from fines, penalties, legal fees, or late fees through nonjudicial power of sale; such foreclosures must be filed in court.

• Repeals section 514A-15.1 permitting associations to deduct unpaid late fees from future common expense payments.