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MS SB2610

Bill

Status

Failed

2/2/2021

Primary Sponsor

Benjamin Suber

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • 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

  • 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

  • Requires enforcement proceedings to be filed within 3 years of assessments becoming due, or the lien is extinguished

  • 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

  • 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

Committee Referrals

Judiciary, Division A1/18/2021

Full Bill Text

No bill text available