57-8a-203 - Unpaid assessment -- Lien -- Foreclosure. - Utah Statutes

57-8a-203. Unpaid assessment -- Lien -- Foreclosure.
(1) (a) If an owner fails or refuses to pay an assessment when due, that amountconstitutes a lien on the interest of the owner in the property.
(b) Upon the recording of notice of lien by the manager or board of directors, a liendescribed in Subsection (1)(a) is a lien on the unit owner's interest in the property prior to allother liens and encumbrances, recorded or unrecorded, except:
(i) tax and special assessment liens on the unit in favor of any assessing lot or specialimprovement district; and
(ii) encumbrances on the interest of the lot owner:
(A) recorded prior to the date of the recording of notice of lien described in Subsection(1)(b); and
(B) that by law would be a lien prior to subsequently recorded encumbrances.
(2) (a) The manager or board of directors may enforce a lien described in Subsection (1)by sale or foreclosure of the owner's interest.
(b) The sale or foreclosure described in Subsection (2)(a) shall be conducted in the samemanner as foreclosures in:
(i) mortgages; or
(ii) any other manner permitted by law.
(3) In a sale or foreclosure described in Subsection (2)(a), the owner shall pay:
(a) the costs and expenses of the proceedings; and
(b) reasonable attorney fees.
(4) Unless otherwise provided in the declaration, the manager or board of directors may:
(a) bid at a sale or foreclosure described in Subsection (2)(a); and
(b) hold, lease, mortgage, or convey the lot that is subject to the lien.

Enacted by Chapter 153, 2004 General Session