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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.

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).

Home Foreclosures: New Jersey

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.

Home Foreclosures: New Mexico

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.

Home Foreclosures: New York

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.

Home Foreclosures: North Carolina

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.

Home Foreclosures: North Dakota

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.

Home Foreclosures: Ohio

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).

Home Foreclosures: Oklahoma

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.

Home Foreclosures: Oregon

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).

Home Foreclosures: Pennsylvania

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).

Home Foreclosures: Puerto Rico

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.

Home Foreclosures: Rhode Island

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.