Section 29 Liens for assessments; enforcement proceedings; attorney’s fees; statement of unpaid assessments - Massachusetts Statutes

Section 29. (a) A person who has a duty to make assessments for time-share expenses shall have a lien on a time-share for any assessment levied against that time-share or fines imposed against its owner from the time the assessment or fine becomes due. Said lien shall be enforced in the manner provided in section five of chapter two hundred and fifty-four. Unless the time-share instrument otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to clauses (8) and (9) of subsection (a) of section twenty shall be enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment shall be a lien from the time the first installment thereof becomes due.

(b) A lien under this section shall be prior to all other liens and encumbrances on a time-share except (i) liens and encumbrances recorded before the recording of the time-share instrument, (ii) mortgages on the time-share securing first mortgage holders and recorded before the due date of the assessment or the due date of the first installment payable on the assessment (iii) liens for real estate taxes and other governmental assessments or charges against the time-share, and (iv) liens securing assessments or charges made by a person managing a project of which the time-share property is a part; provided, however, that said priority of said lien shall be limited to such portion of said assessment as becomes due within six months prior to the commencement of an action to enforce such lien. This subsection shall not affect the priority of mechanics’ or materialmen’s liens. The lien under this section shall not be subject to the provisions of chapter one hundred and eighty-eight.

(c) The lien shall be perfected upon the recording of a claim or notice of lien in the registry of deeds or land registration office for the district in which the time-share unit is situated.

(d) A lien for unpaid assessments shall be dissolved unless proceedings to enforce said lien are commenced within three years after the assessments become due and payable.

(e) This section shall not prohibit actions to recover sums for which subsection (a) creates a lien or preclude resort to any contractual or other remedy permitted by law.

(f) A judgment or decree in any action brought under this section may include costs and reasonable attorney’s fees for the prevailing party.

(g) A person who has a duty to make assessments for time-share expenses shall furnish to a time-share owner upon written request a statement recordable in form setting forth the amount of unpaid assessments currently levied against his time-share. Said statement shall be furnished within ten business days after receipt of the request and shall be binding in favor of persons reasonably relying thereon.