HB 2663 proposes amendments to the lien statutes for condominiums and planned community associations. The bill clarifies that an association's lien for common expense assessments includes late payment charges, reasonable collection costs, and attorney fees as awarded by the court, and that the full amount of the assessment is a lien from when the first installment is due. It also outlines the conditions for foreclosure of the lien, such as the owner being delinquent for one year or owing $1,200 or more, and requires the association to make reasonable efforts to collect the debt before proceeding with foreclosure. The bill specifies the order of payment application and states that errors in payment application must be corrected within 10 calendar days to maintain the lien.

Additionally, the bill revises the timeframe for the association to provide a statement of unpaid assessment liens from 10 days to 10 calendar days. It emphasizes that the lien is not subject to homestead exemption and that fees, charges, and penalties other than those for late payment of common expense assessments are not enforceable as assessments and cannot be foreclosed upon as a judgment lien. The bill also makes technical and conforming changes to the existing law.

Statutes affected:
Introduced Version: 33-1256, 33-1807, 33-1242