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Home Foreclosures: Colorado

Colo. Rev. Stat. §§ 38-33-101 to 38-33-113 (Condominium Ownership Act); §§ 38-33.3-101 to 38-33.3-319 (Common Interest Ownership Act)

Applicability: The Common Interest Ownership Act, Colo. Rev. Stat. §§ 38-33.3-101 to 38-33.3-319 (which covers condominiums, co-operatives, and planned communities), applies to condominiums created after July 1, 1992. However, § 38-33.3-316 of the Common Interest Ownership Act applies to all condominiums, including those created before the effective date.

Home Foreclosures: Connecticut

Conn. Gen. Stat. §§ 47-68a to 47-90c (Condominium Act); §§ 47-200 to 47-299 (Common Interest Ownership Act)

Applicability: The Common Interest Ownership Act, Conn. Gen. Stat. §§ 47-200 to 47-299 (covers condominiums, co-operatives and planned communities), applies to condominiums created after January 1, 1984. Except for § 47-257, the provisions of the Common Interest Ownership Act summarized below also apply to condominiums created before the effective date.

Home Foreclosures: Florida

Fla. Stat. §§ 718.101 to 718.622 (Condominium Act); §§ 721.01 to 721.32 (Vacation Plan and Timesharing Act); §§ 721.80 to 721.86 (Timeshare Lien Foreclosure Act) (West)

Applicability: A timeshare plan subject to both the Vacation Plan and Timesharing Act, Fla. Stat. §§ 721.01 to 721.32, and the Condominium Act, §§ 718.101 to 718.622, must meet the requirements of both chapters, with limited exception. § 721.03(3). In the event of a conflict between the two chapters, the provisions of chapter 721 prevail. § 721.03(2).

Home Foreclosures: Georgia

Ga. Code Ann. §§ 44-3-70 to 44-3-116 (Condominium Act); §§ 44-3-220 to 44-3-235 (Property Owners’ Association Act); Apartment Ownership Act, Ga. L. 1963, p. 561

Home Foreclosures: Guam

Guam Code Ann. tit. 21, §§ 45124 to 45155 (Horizontal Property Act)

Method of Foreclosure: Manager or board of directors may foreclose in the same manner as a mortgage on real property. In such a foreclosure, unit owner shall be required to pay reasonable rental if so provided in the bylaws, and plaintiff is entitled to appointment of receiver to collect the same. § 45124.

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Home Foreclosures: Idaho

Idaho Code §§ 55-1501 to 55-1528 (Condominium Property Act)

Method of Foreclosure: The lien may be foreclosed by power of sale, in the same way as a deed of trust, or any other method permitted by law. § 55-1518.

Home Foreclosures: Illinois

765 Ill. Comp. Stat. §§ 605/1 to 605/32 (Condominium Property Act)

Method of Foreclosure: After a lien has been recorded, it may be foreclosed by an action, in the same way as a mortgage of real estate. 765 Ill. Comp. Stat. § 605/9(h). See also 735 Ill. Comp. Stat. §§ 5/9-101 to 5/9-120 (Eviction Act). The Condominium Property Act allows an association to bring an eviction action against a defaulting unit owner for the benefit of all the other unit owners under the Code of Civil Procedure. 765 Ill. Comp. Stat. § 605/9.2.

Home Foreclosures: Indiana

Ind. Code §§ 32-25-1-1 to 32-25-9-2 (Condominiums)

Method of Foreclosure: The lien may be filed and foreclosed by suit, like a mechanic’s and materialman’s lien. § 32-25-6-3(b).

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: Unpaid common expense assessments become a lien at the time of assessment. § 32-25-6-3(a).

Ability to Contest Lien: Not specified.

Home Foreclosures: Iowa

Iowa Code §§ 499B.1 to 499B.21 (Horizontal Property Act)

Method of Foreclosure: The lien may be foreclosed by suit in the same manner as a mortgage of real property. § 499B.17.

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: The council has a lien for all unpaid common expense assessments. § 499B.17.

Ability to Contest Lien: Not specified.

Home Foreclosures: Kansas

Kan. Stat. Ann. §§ 58-3101 to 58-3129 (Apartment Ownership Act); §§ 58-3701 to 58-3713 (Townhouse Ownership Act)

Method of Foreclosure: Lien may be foreclosed by suit, in the same manner as a mortgage of real property. §§ 58-3123(a), 58-3710.

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: All sums assessed but unpaid for common expenses are a lien against the unit. §§ 58-3123(a), 58-3710.

Home Foreclosures: Kentucky

Ky. Rev. Stat. Ann. §§ 381.805 to 381.910 (Horizontal Property Act); §§ 381.9101 to 381.9207 (Kentucky Condominium Act) (West)

Applicability: The Kentucky Condominium Act, Ky. Rev. Stat. Ann. §§ 381.9101 to 381.9207, applies to all condominiums created after Jan. 1, 2011. The provisions of the Condominium Act summarized below also apply to condominiums created before Jan. 1, 2011, but only to the extent of events or circumstances occurring after Jan. 1, 2011.

Home Foreclosures: Maine

Me. Stat. tit. 33, §§ 560 to 587 (Unit Ownership Act); §§ 1601-101 to 1604-118 (Condominium Act)

Applicability: The Condominium Act, Me. Stat. tit. 33, §§ 1601 to 1604-118, applies to condominiums created after January 1, 1983. Section 1603-116 of the Condominium Act applies to all condominiums, including those created before the effective date.

Method of Foreclosure: The lien may be foreclosed like a mortgage on real estate. § 1603-116(a).

Home Foreclosures: Maryland

Md. Code Ann., Real Prop. §§ 11-101 to 11-143 (West) (Condominium Act). See also Md. Code Ann., Real Prop. §§ 14-201 to 14-206 (West) (Contract Lien Act)

Home Foreclosures: Massachusetts

Mass. Gen. Laws ch. 183A, §§ 1 to 23 (Condominiums)

Method of Foreclosure: The lien is foreclosed as provided for in Mass. Gen. Laws ch. 254, §§ 5, 5A. § 6(c). The association must file a civil action to enforce the lien. Mass. Gen. Laws ch. 254, § 5.

Home Foreclosures: Michigan

Mich. Comp. Laws §§ 559.101 to 559.276 (Condominium Act)

Method of Foreclosure: The lien may be foreclosed by advertisement or by action, like a real estate mortgage. §§ 559.208(1), 559.208(2).

Home Foreclosures: Minnesota

Minn. Stat. §§ 515.01 to 515.29 (Condominium Act); §§ 515A.1-101 to 515A.4-118 (Uniform Condominium Act); §§ 515B.1-101 to 515B.4-118 (Common Interest Ownership Act)

Home Foreclosures: Mississippi

Miss. Code Ann. §§ 89-9-1 to 89-9-37 (Condominium Law)

Method of Foreclosure: The lien may be foreclosed by power of sale, like a mortgage or deed of trust (see § 89-1-55) or “in any other manner permitted by law.” § 89-9-21.

Notices: The lien becomes effective when recorded. § 89-9-21.

Interest, Fees, and Costs: Lien for unpaid assessments may include interest, costs, penalties and attorney fees. § 89-9-21.

Home Foreclosures: Missouri

Mo. Rev. Stat. §§ 448.005 to 448.210 (Condominium Property Act); §§ 448.1-101 to 448.4-120 (Uniform Condominium Act)

Applicability: The Uniform Condominium Act applies to condominiums created after September 28, 1993. The provisions of the Uniform Condominium Act summarized below also apply to condominiums created before the effective date.

Method of Foreclosure: The lien may be foreclosed like a real estate mortgage, or a power of sale pursuant to chapter 443. § 448.3-116(1).

Home Foreclosures: Montana

Mont. Code Ann. §§ 70-23-101 to 70-23-902 (Unit Ownership Act)

Method of Foreclosure: The lien is foreclosed like a lien created by title 71, chapter 3, part 5 (construction liens). § 70-23-608. See also §§ 71-3-521 to 7-3-563.

Notices: A claim of lien must be recorded, including a statement of the amount due, the name of the owner, and a description of the property. §§ 70-23-607(2), 70-23-607(3).

Interest, Fees, and Costs: Not specified.

Home Foreclosures: Nebraska

Neb. Rev. Stat. §§ 76-801 to 76-823 (Condominium Property Act); §§ 76-825 to 76-894 (Condominium Act)

Applicability: The Condominium Act, Neb. Rev. Stat. §§ 76-825 to 76-894, applies to condominiums created after January 1, 1984. Section 76-874 of the Condominium Act applies to all condominiums, including those created before the effective date.

Method of Foreclosure: The lien may be foreclosed like a mortgage on real estate. § 76-874(a).

Home Foreclosures: Nevada

Nev. Rev. Stat. §§ 116.001 to 116.795 (Uniform Common-Interest Ownership Act); §§ 117.010 to 117.110 (Condominium Act)

Applicability: The Uniform Common Interest Ownership Act, Nev. Rev. Stat. §§ 116.001 to 116.795, applies to condominiums created after January 1, 1992. With limited exception, the Act also applies to condominiums created before 1992. See, e.g., §§ 116.1201(2)(d), 116.1203.