Liens against lots
- record notice of claim of unpaid assessment
- foreclosure procedure
(1)Whenever a homeowners association levies any assessment against a lot, the association shall have a lien upon the individual lot for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws or other recorded governing document. The lien is prior to a homestead exemption and all other liens or encumbrances upon the lot except:
(a)Tax and assessment liens; and
(b)A first mortgage or trust deed of record.
(2)Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of lien for assessments or notice of a claim of lien under this section is required to perfect the association’s lien. The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which a lot is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain:
(a)A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;
(b)The name of the owner of the lot, or reputed owner, if known;
(c)The name of the association;
(d)The description of the lot as provided in ORS 93.600 (Description of real property for purposes of recordation); and
(e)A statement that if the owner of the lot thereafter fails to pay any assessments when due, as long as the original or any subsequent unpaid assessment remains unpaid, the unpaid amount of assessments automatically continue to accumulate with interest without the necessity of further recording.
(3)The notice shall be verified by the oath of some person having knowledge of the facts and shall be recorded by the county recording officer. The record shall be indexed as other liens are required by law to be indexed.
(4)Intentionally left blank —Ed.
(a)The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 (Construction liens) except, notwithstanding ORS 87.055 (Duration of lien), a lien may be continued in force for a period of time not to exceed six years from the date the assessment is due. For the purpose of determining the date the assessment is due in those cases when subsequent unpaid assessments have accumulated under a notice recorded as provided in subsection (2) of this section, the assessment and claim regarding each unpaid assessment shall be deemed to have been levied at the time the unpaid assessment became due.
(b)The lien may be enforced by the board of directors acting on behalf of the association.
(5)Unless the declaration or bylaws provide otherwise, fees, late charges, fines and interest imposed pursuant to ORS 94.630 (Powers of association) (1)(L), (n) and (o) are enforceable as assessments under this section.
(6)This section does not prohibit an association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.
(7)An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien for unpaid assessments. A judgment entered on the action does not extinguish the lien. Payment of the judgment operates to satisfy the lien, or a portion of the lien, to the extent of the payment received. [1981 c.782 §44; 1999 c.677 §26; 2003 c.569 §17; 2017 c.110 §1]
Section 94.709 — Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure,