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This entry was published on 2014-09-22
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SECTION 339-AA
Lien for common charges; duration; foreclosure
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-aa. Lien for common charges; duration; foreclosure. The lien
provided for in the immediately preceding section shall be effective
from and after the filing in the office of the recording officer in
which the declaration is filed a verified notice of lien stating the
name (if any) and address of the property, the liber and page of record
of the declaration, the name of the record owner of the unit, the unit
designation, the amount and purpose for which due, and the date when
due; and shall continue in effect until all sums secured thereby, with
the interest thereon, shall have been fully paid or until expiration six
years from the date of filing, whichever occurs sooner. In the event
that unpaid common charges are due, any member of the board of managers
may file a notice of lien as described herein if no notice of lien has
been filed within sixty days after the unpaid charges are due. Upon such
payment the unit owner shall be entitled to an instrument duly executed
and acknowledged certifying to the fact of payment. Such lien may be
foreclosed by suit authorized by and brought in the name of the board of
managers, acting on behalf of the unit owners, in like manner as a
mortgage of real property, without the necessity, however, of naming as
a party defendant any person solely by reason of his owning a common
interest with respect to the property. In any such foreclosure the unit
owner shall be required to pay a reasonable rental for the unit for any
period prior to sale pursuant to judgment of foreclosure and sale, if so
provided in the by-laws, and the plaintiff in such foreclosure shall be
entitled to the appointment of a receiver to collect the same. The board
of managers, acting on behalf of the unit owners, shall have power,
unless prohibited by the by-laws, to bid in the unit at foreclosure
sale, and to acquire and hold, lease, mortgage and convey the same. Suit
to recover a money judgment for unpaid common charges shall be
maintainable without foreclosing or waiving the lien securing the same,
and foreclosure shall be maintainable notwithstanding the pendency of
suit to recover a money judgment.

Notwithstanding any other provision of this article, if a municipal
corporation acquires title to a unit as a result of tax enforcement
proceedings, such municipal corporation shall not be liable for and
shall not be subject to suit for recovery of the common charges
applicable to such unit during the period while title to such unit is
held by the municipal corporation or for the payment of any rental for
the unit under the provisions of this section, except to the extent of
any rent arising from such unit received by such municipal corporation
during such period.

Except as herein specifically provided, nothing contained herein shall
affect or impair or release the unit from the lien for such common
charges or impair or diminish the rights of the manager or the board of
managers on behalf of the unit owners under this section and section
three hundred thirty-nine-z.