Home Foreclosures: New Hampshire
N.H. Rev. Stat. §§ 356-B:1 to 356-B:70 (Condominium Act)
Method of Foreclosure: The association must bring an action to enforce the lien. §§ 356-B:46(IV), 356-B:46(VII).
N.H. Rev. Stat. §§ 356-B:1 to 356-B:70 (Condominium Act)
Method of Foreclosure: The association must bring an action to enforce the lien. §§ 356-B:46(IV), 356-B:46(VII).
N.J. Stat. Ann. §§ 46:8A-1 to 46:8A-28 (Horizontal Property Act); §§ 46:8B-1 to 46:8B-38 (Condominium Act) (West)
Applicability: The Condominium Act, N.J. Stat. Ann. §§ 46:8B-1 to 46:8B-38 (West), was effective on January 7, 1970. The Horizontal Property Act continues to govern all property created pursuant to it, unless there is a waiver of the regime as provided in § 46:8A-12. § 46:8B-2.
N.M. Stat. Ann. §§ 47-7-1 to 47-7-28 (Building Unit Ownership Act); §§ 47-7A-1 to 47-7D-20 (Condominium Act)
Applicability: The Condominium Act, N.M. Stat. Ann. §§ 47-7A-1 to 47-7D-20, applies to all condominiums created after 1982. The Building Unit Ownership Act, N.M. Stat. Ann. §§ 47-7-1 to 47-7-28, was not repealed and older condominiums are still covered by that act, unless the association’s board passes a resolution making themselves subject to the new act.
N.Y. Real Prop. Law §§ 339-d to 339-ll (McKinney) (Condominium Act)
Method of Foreclosure: The lien may be foreclosed by suit, like a mortgage of real property. § 339-aa.
Notices: The board must record a verified notice of lien, with a description of the property, the owner’s name, the amount and purpose for which due, and the date it became due. § 339-aa.
N.C. Gen. Stat. §§ 47A-1 to 47A-37 (Unit Ownership Act); §§ 47C-1-101 to 47C-4-120 (Condominium Act); §§ 47F-1-101 to 47F-3-102 (Planned Community Act)
Applicability: The Condominium Act, N.C. Gen. Stat. §§ 47C-1-101 to 47C-4-120, applies to condominiums created after October 1, 1986. With the exception of § 47C-3-115, the provisions of the Act cited below also apply to condominiums created before 1986.
N.D. Cent. Code §§ 47-04.1-01 to 47-04.1-15 (Condominium Ownership of Real Property)
Method of Foreclosure: Not specified.
Notices: The lien becomes effective when the administrative body records a notice of assessment, including the name of the owner and the amount due. § 47-04.1-11.
Interest, Fees, and Costs: Lien may include interest, costs and penalties. § 47-04.1-11.
Ohio Rev. Code Ann. §§ 5311.01 to 5311.27 (West) (Condominium Property)
Method of Foreclosure: The association must bring an action to foreclose on the lien. See § 5311.18.
Notices: The lien becomes effective when a certificate of lien is recorded, with a description of the unit, the owner’s name, and the amount due (subject to later adjustments for interest, costs, etc.). § 5311.18(A)(3).
Okla. Stat. tit. 60, §§ 501 to 530 (Unit Ownership Estate Act)
Method of Foreclosure: The lien may be foreclosed by suit, like a mortgage of real property. § 524(b).
Notices: Not specified.
Interest, Fees, and Costs: Not specified.
Scope of Lien: The association has a lien for unpaid common expense assessments. § 524(a).
Ability to Contest Lien: Not specified.
Or. Rev. Stat. §§ 100.005 to 100.990 (Condominium Act)
Method of Foreclosure: The lien is foreclosed like a construction lien. § 100.450(4). See Or. Rev. Stat. § 87.010 (Entitlement to Construction Liens).
Notices: Before foreclosing, the association must record a claim of lien including a description of the unit, the name of the owner, and the amount presently due, with a statement that future unpaid assessments will continue to accumulate with interest. §§ 100.450(2), 100.450(3).
68 Pa. Cons. Stat. §§ 3101 to 3414 (Uniform Condominium Act)
Method of Foreclosure: The lien may be foreclosed like a mortgage of real property. § 3315(a).
Notices: Within ten business days after a written request, the association must provide a unit owner with a statement of unpaid assessments levied against the unit, and any credits or surplus in favor of the unit. § 3315(g).
P.R. Laws Ann. tit. 31, §§ 1291 to 1294e (Horizontal Property)
Method of Foreclosure: Not specified.
Notices: Association must give fifteen days’ notice, certified mail return receipt requested, before suing for unpaid assessments. § 1293c.
R.I. Gen. Laws §§ 34-36.1-1.01 to 34-36.1-4.20 (Condominium Law); §§ 34-36-1 to 34-36-39 (Condominium Ownership Law)
Applicability: Rhode Island’s Condominium Law, R.I. Gen. Laws §§ 34-36.1-1.01 to 34-36.1-4.20, applies to condominium established after July 1, 1982. With limited exception (e.g., § 34-36.1-3.15 on interest rates) the provisions of the Condominium Law summarized below apply also apply to condominiums established before July 1, 1982.
S.C. Code Ann. §§ 27-31-10 to 27-31-440 (Horizontal Property Act)
Method of Foreclosure: The lien may be foreclosed by suit, like a mortgage of real property. § 27-31-210(a).
Notices: Not specified.
Interest, Fees, and Costs: Not specified.
Scope of Lien: The association has a lien for unpaid common expense assessments. § 27-31-210(a).
Ability to Contest Lien: Not specified.
S.D. Codified Laws §§ 43-15A-1 to 43-15A-30 (Condominiums)
Method of Foreclosure: Not specified.
Notices: Not specified.
Interest, Fees, and Costs: Not specified.
Scope of Lien: Not specified.
Ability to Contest Lien: Not specified.
Lien Extinguished: Not specified.
Explicit Right to Cure: Not specified.
Tenn. Code Ann. §§ 66-27-201 to 66-27-507 (Tennessee Condominium Act of 2008)
Applicability: The Tennessee Condominium Act of 2008 (Tenn. Code Ann. §§ 66-27-201 to 66-27-507) replaces the Horizontal Property Act (Tenn. Code Ann. §§ 66-27-101 to 66-27-123) and applies to all condominiums created after January 1, 2009. The provisions of the Act summarized below also apply to condominiums created before 2009, but only with respect to events and circumstances arising after January 1, 2009.
Tex. Prop. Code Ann. §§ 81.001 to 81.210 (Condominium Act); §§ 82.001 to 82.164 (Uniform Condominium Act) (West)
Applicability: The Uniform Condominium Act, Tex. Prop. Code Ann. §§ 82.001 to 82.164, applies to condominiums created after January 1, 1994. The provisions of the Uniform Condominium Act summarized below also apply to condominiums created before 1994. § 82.002.
Utah Code Ann. §§ 57-8-1 to 57-8-60 (Condominium Ownership Act) (West)
Vt. Stat. Ann. tit. 27A, §§ 1-101 to 4-120 (Uniform Common Interest Ownership Act); Vt. Stat. Ann. tit. 27, §§ 1301 to 1365 (Condominium Ownership Act)
V.I. Code Ann. tit. 28, §§ 901 to 927 (Condominium Act)
Method of Foreclosure: The lien may be foreclosed by suit, like a mortgage of real property. § 922(a).
Notices: Not specified.
Interest, Fees, and Costs: Not specified.
Scope of Lien: The association has a lien for unpaid common expense assessments. § 922(a).
Ability to Contest Lien: Not specified.
Va. Code Ann. §§ 55.1-1900 to 55.1-1995 (Condominium Act)
Applicability: The Condominium Act (former Va. Code. Ann. §§ 55-79.39 to 55-79.103) superseded the Horizontal Property Act (former Va. Code Ann. §§ 55-79.1 to 55-79.38) and applies to all condominiums established after July 1, 1974. Title 55 was recodified, effective October 1, 2019, in a new Title 55.1, and Title 55 was repealed as of that date.
Wash Rev. Code §§ 64.90.010 to 64.90.910 (Washington Uniform Common Interest Ownership Act) (effective July 1, 2018); Wash. Rev. Code §§ 64.32.010 to 64.32.920 (Horizontal Property Regimes Act); §§ 64.34.010 to 64.34.950 (Condominium Act)
W. Va. Code §§ 36A-1-1 to 36A-8-3 (Condominiums and Unit Property Act); §§ 36B-1-101 to 36B-4-120 (Uniform Common Ownership Interest Act)
Applicability: The Uniform Common Ownership Interest Act, W. Va. Code §§ 36B-1-101 to 36B-4-120, applies to condominiums created after the effective date (1986). With limited exception (§ 36B-3-115(b) regarding interest rate) the provisions of the Uniform Common Interest Ownership Act summarized below apply to condominiums created before the effective date. § 36B-1-204.
Wis. Stat. §§ 703.01 to 703.38 (Condominium Ownership Act)
Method of Foreclosure: The lien may be enforced and foreclosed like a mortgage of real property. § 703.165(7).
Wyo. Stat. Ann. §§ 34-20-101 to 34-20-104 (Condominium Ownership Act)
Method of Foreclosure: Not specified.
Notices: Not specified.
Interest, Fees, and Costs: Not specified.
Scope of Lien: Not specified.
Ability to Contest Lien: Not specified.
Lien Extinguished: Not specified.
Explicit Right to Cure: Not specified.
This chapter covers warranty issues relating to consumer leases—typically involving motor vehicles, but also such personal property as furniture, medical devices, solar panels, and security devices. This chapter’s focus is the interrelationship of Uniform Commercial Code (UCC) Articles 2A and 2 concerning the consumer’s warranty rights against lessors, retailers, and manufacturers, as well as the impact of the Magnuson-Moss Warranty Act, lemon laws, the federal Consumer Leasing Act, and state deceptive practices (UDAP) statutes.