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IN HB1573
Bill
Status
1/20/2015
Primary Sponsor
Vernon Smith
Click for details
AI Summary
HB 1573 Summary
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Persons who repair, clean up, or maintain a neighboring abandoned structure (Class 2 structures) are entitled to a lien on the property not exceeding the lesser of fair market value of work performed or $10,000.
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A "neighboring abandoned structure" is one that is contiguous to, geographically adjacent to, in contact with, or within 300 feet of a property owner's land.
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Neighborhood associations, homeowners associations, and community organizations may perform repair work and assert liens on behalf of property owners whose property meets the geographic proximity requirements.
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Lienholders must provide the abandoned property owner written notice at least 10 days before starting work; the owner then has 7 days to begin repairs or the lienholder may proceed and file a lien within 60 days of completing work.
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Liens expire if not enforced within one year after the lien notice is recorded; lienholders may recover reasonable attorney's fees in foreclosure actions, and liens may be discharged by filing a surety undertaking approved by the court.
Legislative Description
Abandoned structure liens. Provides that a person who repairs, cleans up, or maintains a neighboring abandoned structure is entitled to a lien on the property, not to exceed the lesser of: (1) the fair market value of the work performed; or (2) $10,000. Establishes a procedure for creating, filing, and enforcing the lien. Provides that any of the following may repair, clean up, or maintain an abandoned structure (and may assert, file, and enforce a lien) on behalf of one or more property owners whose property bears the specified geographic proximity to an abandoned structure: (1) A neighborhood association. (2)
Last Action
First Reading: referred to Committee on Judiciary
1/20/2015