Priorities; Enforcement; Remedies. If an Owner fails to pay an Assessment when due, the Association, acting through the Member who is not delinquent in its Assessments, has the right, and option, to bring legal action against the Owner to enforce collection of the unpaid and past due Assessment, or may impose a lien on the Condominium owned by Owner pursuant to the provisions of Civil Code § 1367, or both. Suit to recover a money judgment for unpaid Assessments and attorneys’ fees, shall be maintainable without foreclosing or waiving the lien securing the same. Before the Association may place a lien upon a Condominium, pursuant to Civil Code § 1367(a), the Association shall notify the Owner in writing by Certified Mail of the fee and penalty procedures of the Association, provide an itemized statement of the charges owed by the Owner, including the principal owed, any late charges, and the method of collection, any attorney’s fees, and the collection practices used by the Association, including the right of the Association to the reasonable costs of collection. After compliance with the provisions of the Civil Code § 1367(a), the Association may record a notice of delinquent Assessment and establish a lien against the Condominium of the delinquent Owner prior and superior to all other liens except (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any First Mortgage of record (meaning any recorded mortgage or deeds of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. The notice of delinquent Assessment shall state the amount of the Assessment, collection costs, attorneys’ fees, late charges and interest, a description of the Condominium against which the Assessment and other sums are levied, the name of the record Owner, and the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice shall be signed by any Member or officer of the Association or any management agent retained by the Association and shall be mailed in the manner set forth in Civil Code § 2924b to all record owners of the Condominium no later than ten (10) days after recordation. Thirty (30) days following the recordation of the assessment lien, it may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent Assessment, or sale by a trustee substituted pursuant to California Civil Code §...
Priorities; Enforcement; Remedies. When a notice of Assessments has been recorded, such Assessments shall constitute a lien on each respective Unit prior and superior to all other liens except (a) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (b) the lien or charge of any first Mortgage of record at the time such notice is recorded. For the purpose of more effectively securing the lien for Assessments and any fees and costs incurred in enforcing the collection of same, all as provided above, (the “Secured Charges”) and in consideration of the matters set forth herein, the acceptance by each Owner of an interest in the title to a Unit, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, each Owner, for himself, his personal representatives, heirs, successors and assigns hereby grants, bargains, sells and conveys unto Xxxxx X. Xxxxxxxx, Xx., a resident of Grainger County, Tennessee, his successors and assigns (hereinafter “Trustee”), such Owner’s interest in his respective Unit or Units together with all the estate, title and interest therein, in trust, for the purpose of securing the lien of the Secured Charges. By accepting an interest in the title in any Unit in the Condominium, each Owner hereby promises, covenants and agrees (i) to pay the Secured Charges when they shall become due, as provided herein; (ii) to pay, discharge, and remove any and all liens which may hereafter be placed against such Owner’s Unit as the same becomes due and payable, and which liens shall adversely affect the lien of the Secured Charges or enforcement of the terms and provisions hereof; (iii) to keep such Owner’s Unit or Units in good repair and condition, and (iv) to abide by all the terms and provisions of this Master Deed, the Bylaws, and the Rules and Regulations adopted by the Association, as the same may be amended from time to time; provided that in the event any Owner fails to do any of these things, then the Trustee or the Association may do any or all of these things, and the amounts so paid shall bear interest at the highest rate allowed by law, and said amounts shall become part of the Secured Charges. If an Owner shall pay the Secured Charges when due, then this trust conveyance shall be of no further force or effect with respect to such Owner’s Unit. If the Secured Charges with respect to any Unit are not paid promptly when due, then this trust conveyance shall remain in full force and effect, an...
Priorities; Enforcement; Remedies. If an Owner fails to pay an Assessment when due, the Association has the right, and option, to bring legal action against the Owner to enforce collection of the unpaid and past due Assessment, or may impose an Assessment Lien on the Unit owned by Owner pursuant to the provisions of Civil Code § 1367.1. Suit to recover a money judgment for unpaid Assessments and attorneys’ fees, shall be maintainable without foreclosing or waiving the lien securing the same. The Association shall distribute the written notice described in subdivision (b) of Civil Code § 1365.1 entitled “Notice Assessments and Foreclosure” to each Member during the 60-day period immediately preceding the beginning of the Association's fiscal year. The notice is to be printed in at least 12-point type.
