Session Law 2013-202 - House Bill 331

• Establishes a uniform procedure for condominium and planned community associations to file liens and enforce collection of unpaid assessments and other sums due to the association.

• Allows associations to foreclose liens through nonjudicial power of sale (like mortgages) under Article 2A of Chapter 45 if assessments remain unpaid for 90 days or more, provided the executive board votes to commence the proceeding.

• Requires associations to mail notice of assessment due 15 days before filing a lien and provide unit/lot owners 15 days after notice to pay without incurring attorneys' fees and costs, limited to $1,200 when debt remains uncontested.

• Restricts nonjudicial foreclosure for liens consisting solely of fines, interest on fines, or service/collection fees, requiring judicial foreclosure instead for these debt types.

• Validates all nonjudicial foreclosure proceedings and sales commenced before October 1, 2013, unless an action to set aside is filed by October 1, 2013, or within one year after the sale date, whichever is later.