58-3710. Common expenses; liens; foreclosure sale. - Kansas Statutes

58-3710

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 37.--TOWNHOUSE OWNERSHIP ACT

      58-3710.   Common expenses; liens; foreclosure sale.All sums assessed by the association, but unpaid, for the share of thecommon expenses chargeble to any townhouse unit shall constitute a lien onsuch townhouse unit prior to all other liens except (i) tax liens on thetownhouse unit in favor of any assessing unit and special district, and(ii) all sums unpaid on a first mortgage of record. Such lien may beforeclosed by suit by the association in like manner as a mortgage of realproperty, and in any such foreclosure, the townhouse unit owner shall berequired to pay a reasonable rental for the townhouse unit, if so providedin the bylaws, and the plaintiff in such foreclosure shall be entitled tothe appointment of a receiver to collect the same. The association shallhave power, unless prohibited by the declaration, to bid on the townhouseunit at foreclosure sale and to acquire and hold, lease, mortgage andconvey the same. The suit to recover a money judgment for unpaid commonexpenses shall be maintainable by the association without foreclosing orwaiving the liens securing the same. Where the mortgagee under a firstmortgage of record or other purchaser of a townhouse unit obtains title tothe townhouse unit as a result of foreclosure of the first mortgage, suchacquirer of title, his or her successors and assigns shall not be liablefor the share of the common expenses or assessment by the associationchargeable to such townhouse unit which become due prior to the acquisitionof title to such townhouse unit by such buyer. Such unpaid share of commonexpenses or assessments shall, however, be deemed to be common expensescollectible from all of the townhouse owners, including such acquirer, hisor her successors and assigns.

      History:   L. 1975, ch. 291, § 10; July 1.