§ 32-25-6-3 — Unpaid assessments; lien

Indiana § 32-25-6-3

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 25: CONDOMINIUMS
• Ch. 6: Liens and Encumbrances

Text

(a) All sums assessed by the association of
co-owners but unpaid for the share of the common expenses chargeable
to any condominium unit constitute a lien on the unit effective at the
time of assessment. The lien has priority over all other liens except:
(1) tax liens on the condominium unit in favor of any:
(A) assessing unit; or
(B) special district; and
(2) all sums unpaid on a first mortgage of record.
(b) A lien under subsection (a) may be filed and foreclosed by suit
by the manager or board of directors, acting on behalf of the
association of co-owners, under laws of Indiana governing mechanics'
and materialmen's liens. In any foreclosure under this subsection:
(1) the condominium unit owner shall pay a reasonable rental for
the unit, if payment of the rental is provided in the bylaws; and
(2) the plaintiff in the foreclosure is entitled to the appointment of
a receiver to collect the rental.
(c) The manager or board of directors, acting on behalf of the
association of co-owners, may, unless prohibited by the declaration:
(1) bid on the condominium unit at foreclosure sale; and
(2) acquire, hold, lease, mortgage, and convey the condominium
unit.
(d) Suit to recover a money judgment for unpaid common expenses
is maintainable without foreclosing or having the lien securing the
expenses.
(e) If the mortgagee of a first mortgage of record or other purchaser
of a condominium unit obtains title to the unit as a result of foreclosure
of the first mortgage, the acquirer of title, or the acquirer's successors
and assigns, is not liable for the share of the common expenses or
assessments by the association of co-owners chargeable to the unit that
became due before the acquisition of title to the unit by the acquirer.
The unpaid share of common expenses or assessments is considered to
be common expenses collectible from all of the co-owners, including
the acquirer or the acquirer's successors and assigns.
[Pre-2002 Recodification Citation: 32-1-6-24.]

Legislative History

As added by P.L.2-2002, SEC.10.