The bill HB2648 revises laws governing condominium and planned community associations by categorizing association liens into common expense liens and member or unit owner expense liens. It specifies that member or unit owner expense liens cannot be foreclosed and are only effective upon the transfer of real property interest. Additionally, the bill requires associations to communicate with unit owners and offer payment plans before initiating foreclosure actions, enhancing protections for unit owners and clarifying the lien enforcement process.

Key changes from current law include the distinction that member or unit owner expense liens are not enforceable as common expense liens, the introduction of a six-year limit for initiating enforcement proceedings on common expense liens, and the prioritization of payments received on member accounts. The bill also updates terminology, mandates written notice before collection activities, and prohibits the transfer of debt ownership related to these liens, ensuring associations maintain responsibility for such debts. Overall, these amendments aim to provide clearer guidelines for managing common expenses and enforcing related liens.

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