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MS SB2610
Bill
AI Summary
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Establishes a statutory lien for property owners' associations (HOAs) on units for unpaid assessments, fines, attorney's fees, late charges, and other sums owed under the declaration
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Sets lien priority below pre-existing recorded liens, first mortgages, government tax liens, and mechanics' liens; recording of the declaration constitutes automatic perfection of the lien
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Requires enforcement proceedings to be filed within 3 years of assessments becoming due, or the lien is extinguished
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Restricts associations from commencing foreclosure unless the unit owner owes at least 3 months of assessments, has rejected a payment plan offered by the association, and the executive board specifically votes to foreclose on that unit
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Prohibits foreclosure solely for unpaid fines unless the association first obtains a court judgment and perfects a judgment lien under existing law
Legislative Description
Liens; create statute of limitations for assessments by property owner's associations.
Last Action
Died In Committee
2/2/2021