This bill amends sections 52-2001 and 76-874 of the Reissue Revised Statutes of Nebraska, which pertain to liens held by homeowners' associations and unit owners' associations. Key changes include the insertion of provisions that allow associations to enforce fees, expenses, attorney's fees, court costs, and late charges as part of the lien for unpaid assessments. Additionally, the bill extends the time frame for enforcing a lien from three years to five years after the assessments become due, with the possibility of extending this period further through the filing of a continuation statement. The bill also clarifies that costs awarded in legal actions must include late fees and interest, and it specifies how these costs and attorney's fees are to be calculated and recovered.
Furthermore, the bill stipulates that associations must provide a recordable statement of unpaid assessments to members upon request within ten business days, ensuring transparency. It also prohibits associations from establishing liens that relate back to the date of filing the declaration or that take priority over subsequent mortgages or deeds of trust. The original sections of the statutes are repealed, consolidating the updated provisions into the law.
Statutes affected: Introduced: 52-2001, 76-874