HB2648 proposes amendments to the laws governing liens by condominium and planned community associations. The bill introduces clear distinctions between liens for common expenses and those for individual member or unit owner expenses, stating that the latter cannot be foreclosed and are only effective upon property conveyance. It mandates that associations must attempt to communicate with delinquent unit owners and offer payment plans before pursuing foreclosure. The bill also defines terms such as "Assessment" and "Common EXPENSE Lien," and outlines the conditions for foreclosing common expense liens, including a delinquency period of one year or an amount owed of $1,200 or more.

The bill further specifies the priority of common expense liens and the process for their enforcement, including the perfection of such liens upon recording the declaration without the need for further recordation. It restructures subsection lettering for clarity, consistently uses "COMMON expense lien" and "member," and allows for the inclusion of costs and attorney fees for the prevailing party in legal judgments. The bill prohibits the transfer of ownership or control of debt related to common expense liens or member expenses and details the order of payment application and the process for providing account statements to members.

Statutes affected:
Introduced Version: 28-2003, 28-2154, 28-2154.02, 42-5061, 42-6017, 28-6991, 28-1177, 28-2155, 28-2156, 28-4301, 42-5009, 28-2001, 28-2154.01, 42-6051, 42-5156, 23-501, 36-1901, 28-5201, 42-5074, 88-525, 95-627, 99-661, 111-296, 28-5739, 28-8344, 42-5001, 42-5075, 42-5073, 3-311, 46-191, 36-551, 41-3201, 41-1514.02, 1-215, 49-426, 49-480, 41-1516, 44-1771, 42-5014, 42-5063, 45-604, 28-1171, 104-104, 41-1519, 44-1302, 42-5064, 42-5029, 42-5032.01
House Engrossed Version: 33-1202, 33-1256, 33-1802, 33-1807, 33-1241, 33-1246, 33-1217, 33-1243, 33-1212, 33-1242, 6-801, 33-741, 33-1801
Senate Engrossed Version: 33-1202, 33-1256, 33-1802, 33-1807, 33-1241, 33-1246, 33-1217, 33-1243, 33-1212, 6-801, 33-741, 33-1242, 33-1801
Chaptered Version: 33-1202, 33-1256, 33-1802, 33-1807, 33-1241, 33-1246, 33-1217, 33-1243, 33-1212, 6-801, 33-741, 33-1242, 33-1801