(1)A homeowners' association has
a lien on a member's real estate for any assessment levied against real estate from
the time the assessment becomes due and a notice containing the dollar amount of
such lien is recorded in the office where mortgages or deeds of trust are
recorded. The homeowners' association's lien may be foreclosed in like manner
as a mortgage on real estate but the homeowners' association shall give reasonable
notice of its action to all lienholders of real estate whose interest would
be affected. Unless the homeowners' association declaration or agreement otherwise
provides, fees, charges, late charges, and
interest charged are enforceable as assessments under this section. If an
assessment is payable in installments, the full amount of the assessment may
be a lien fro
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(1) A homeowners' association has
a lien on a member's real estate for any assessment levied against real estate from
the time the assessment becomes due and a notice containing the dollar amount of
such lien is recorded in the office where mortgages or deeds of trust are
recorded. The homeowners' association's lien may be foreclosed in like manner
as a mortgage on real estate but the homeowners' association shall give reasonable
notice of its action to all lienholders of real estate whose interest would
be affected. Unless the homeowners' association declaration or agreement otherwise
provides, fees, charges, late charges, and
interest charged are enforceable as assessments under this section. If an
assessment is payable in installments, the full amount of the assessment may
be a lien from the time the first installment thereof becomes due.
(2) A lien under this section is prior to all other liens and encumbrances
on real estate except (a) liens and encumbrances recorded before the recordation
of the declaration or agreement, (b) a first mortgage or deed of trust on
real estate recorded before the notice required under subsection (1) of
this section has been recorded for a delinquent assessment for which enforcement
is sought, and (c) liens for real estate taxes and other governmental
assessments or charges against real estate. The lien under this section is
not subject to the homestead exemption pursuant to section 40-101 .
(3) Unless the declaration or agreement otherwise provides, if two or
more homeowners' associations have liens for assessments created at any time
on the same real estate, those liens have equal priority.
(4) A lien for unpaid assessments is extinguished unless proceedings
to enforce the lien are instituted within three years after the full amount
of the assessments becomes due.
(5) This section does not prohibit actions to recover sums for which
subsection (1) of this section creates a lien or prohibit a homeowners' association
from taking a deed in lieu of foreclosure.
(6) A judgment or decree in any action brought under this section must
include costs and reasonable attorney's fees for the prevailing party.
(7) The homeowners' association, upon written request, shall furnish
to a homeowners' association member a recordable statement setting forth the
amount of unpaid assessments against his or her real estate. The statement
must be furnished within ten business days after receipt of the request and
is binding on the homeowners' association, the governing board, and every
homeowners' association member.
(8) The homeowners' association
declaration, agreements, bylaws, rules, or regulations may not provide that
a lien on a member's real estate for any assessment levied against real estate
relates back to the date of filing of the declaration or that such lien takes
priority over any mortgage or deed of trust on real estate recorded subsequent
to the filing of the declaration and prior to the recording by the association
of the notice required under subsection (1) of this section.
(9) In the event of a
conflict between the provisions of the declaration and the bylaws, rules,
or regulations or any other agreement of the homeowners' association, the
declaration prevails except to the extent the declaration is inconsistent
with this section.
(10)(a)
The homeowners' association may require a person who purchases restricted
real estate on or after September 6, 2013, to make payments into an escrow
account established by the homeowners' association until the balance in the
escrow account for that restricted real estate is in an amount not to exceed
six months of assessments.
(b) All payments made under this subsection and received
on or after September 6, 2013, shall be held in an interest-bearing checking
account in a bank, savings bank, building and loan association, or savings
and loan association in this state under terms that place these payments beyond
the claim of creditors of the homeowners' association. Upon request by an
owner of restricted real estate, the homeowners' association shall disclose
the name of the financial institution and the account number where the payments
made under this subsection are being held. The homeowners' association may
maintain a single escrow account to hold payments made under this subsection
from all of the owners of restricted real estate. If a single escrow account
is maintained, the homeowners' association shall maintain separate accounting
records for each owner of restricted real estate.
(c) The payments made under this
subsection may be used by the homeowners' association to satisfy any assessments
attributable to an owner of restricted real estate for which assessment payments
are delinquent. To the extent that the escrow deposit or any part thereof
is applied to offset any unpaid assessments of an owner of restricted real
estate, the homeowners' association may require such owner to replenish the
escrow deposit.
(d)
The homeowners' association shall return the payments made under this subsection,
together with any interest earned on such payments, to the owner of restricted
real estate when the owner sells the restricted real estate and has fully
paid all assessments.
(e)
Nothing in this subsection shall prohibit the homeowners' association from
establishing escrow deposit requirements in excess of the amounts authorized
in this subsection pursuant to provisions in the homeowners' association's
declaration.
(11) For purposes of this
section:
(a) Declaration means any instruments, however denominated, that create
the homeowners' association and any amendments to those instruments;
(b)(i) Homeowners' association means an association whose members consist
of a private group of fee simple owners of residential real estate formed
for the purpose of imposing and receiving payments, fees, or other charges
for:
(A) The use, rental, operation, or maintenance of common elements available
to all members and services provided to the member for the benefit of the
member or his or her real estate;
(B) Late payments of assessments and, after notice and opportunity to
be heard, the levying of fines for violations of homeowners' association declarations,
agreements, bylaws, or rules and regulations; or
(C) The preparation and recordation of amendments to declarations, agreements,
resale statements, or statements for unpaid assessments; and
(ii) Homeowners' association does not include a co-owners association organized under the Condominium Property
Act or a unit owners association organized under the Nebraska
Condominium Act; and
(c) Real estate means the real estate of a homeowners' association member
as such real estate is specifically described in the member's homeowners'
association declaration or agreement.