§ 76-874 — Lien for assessments

Nebraska § 76-874

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

(a) The association has a lien on a unit
for any assessment levied against that unit from the time the assessment becomes due and a
notice containing the dollar amount of such lien is recorded in the office
where mortgages are recorded. The association's lien may be foreclosed in
like manner as a mortgage on real estate but the association shall give reasonable
notice of its action to all lienholders of the unit whose interest would be
affected. Unless the declaration otherwise provides, fees, charges, late charges, and interest charged
pursuant to subdivisions (a)(10), (a)(11), and (a)(12) of section 76-860 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.
(b) A lien under this section is prior to all other liens and encumbrances
on a unit except (i) liens and encumbrances recorded before the recordation
of the declaration, (ii) a first mortgage or deed of trust on the unit recorded
before the notice required under subsection (a) of
this section has been recorded for a delinquent assessment for which enforcement
is sought, and (iii) liens for real estate taxes and other governmental
assessments or charges against the unit. The lien under this section is not
subject to the homestead exemption pursuant to section 40-101 .
(c) Unless the declaration otherwise provides, if two or more associations
have liens for assessments created at any time on the same real estate, those
liens have equal priority.
(d) 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.
(e) This section does not prohibit actions to recover sums for which
subsection (a) of this section creates a lien or prohibit an association from
taking a deed in lieu of foreclosure.
(f) A judgment or decree in any action brought under this section must
include costs and reasonable attorney's fees for the prevailing party.
(g) The association upon written request shall furnish to a unit owner
a recordable statement setting forth the amount of unpaid assessments against
his or her unit. The statement must be furnished within ten business days
after receipt of the request and is binding on the association, the executive
board, and every unit owner.

Legislative History

Source: Laws 1983, LB 433, § 50; Laws 1984, LB 1105, § 12; Laws 2013, LB442, § 5. Annotations: A condominium association can foreclose a lien for unpaid assessments under this section without first obtaining a personal judgment for the underlying debt. Twin Towers Condo. Assn. v. Bel Fury Invest. Group, 290 Neb. 329, 860 N.W.2d 147 (2015). An award of costs and reasonable attorney fees for the prevailing party under this section is mandatory. Twin Towers Condo. Assn. v. Bel Fury Invest. Group, 290 Neb. 329, 860 N.W.2d 147 (2015).