HomeMy WebLinkAbout080916.3 Lien for Unpaid Assessments. The Association
shall have a lien on each condominium parcel and all tangible
personal property located within said parcel for the amount of any
unpaid assessments, and interest thereon, until paid. Such lien
shall also include a reasonable attorney's fee incurred by the'
Association incident to the collection of such assessment or
enforcement of such lien, including such fee in connection with
any appellate proceedings arising out of any suit for collection
or enforcement, and further including costs of collection. Such
liens shall be executed and recorded in the Public Records of St.
Lucie County, Florida, in the manner provided by the Condominium
Act, but such liens shall be subordinate to the lien of any mort-
gage or any other lien recorded prior tb the time of the recording
of the claim of lien by the Association. The Board of Directors
may take such action as it deems necessary to collect assessments
by personal action or by enforcing and foreclosing said lien, and
may settle and compromise the same if in the best interests of the
Association. The lien shall be effective as and in the manner
provided by the Condominium Act and shall have the priorities
established by said Act. .
16.4 Foreclosure of Lien. Liens for assessments may
be foreclosed by suit brought in the name of the Association in
like manner as a foreclosure of mortgage on real property, as
more fully set forth in the Condominium Act. The Association may,
at any sale, bid in the sale and apply as a cash credit against
its bid all sums due the Association covered by the lien being
enforced.
16.5 Lialiilit of Institutional Mortgagees. If an
Institutional Mortgagee o~tains title to a condominium parcel as a
result of foreclosure of the first mortgage, or as a result of a
deed or other arrangements in lieu of foreclosure of the first
mortgage, the Institutional Mortgagee, its successors or assigns,
shall not be liable for the share of common expenses or assess-
ments by the Association pertaining to such condominium parcel
applicable to the time prior to acquisition of title as a result
of the foreclosure or deed or other arrangements in lieu of fore-
closure, unless such share is secured by a claim of lien for
assessments that is recorded prior to the recording of the fore-
closed mortgage. Such unpaid share of common assessments shall be
deemed to be common expenses collectible from all of the unit
owners, including such acquirer, and his successors and assigns.
No other sale or transfer shall relieve any unit from liability
for any assessments due, nor from the lien of any such subsequent
assessment. The written statement of the Association that the
lien is subordinate to the institutional mortgage or that the unit
is not subject to the assessment shall be dispositive of any
question pertaining thereto.
16.6 Liability of Others. Any person who acquires an
intexest in a unit, except through foreclosure of a first mortgage
of record (or deed or other arrangements in lieu thereof), as
specifically provided in the suliparagraph immediately preceding,
including, without limitation, persons acquiring title by opera-
tion of law, including purchasers at judicial sales, shall not be
entitled to occupancy of a unit or enjoyment of the common ele-
ments until such time as all unpaid assessments due and owing by
the former owner have been paid.
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FEE. KOBLEGARD 8~ TEEL. P. A.
ATTORNEYS AT LAW ~~345 PAVL ~~
POST OFFICE BOX 1000
FORT PIERCE. FLORIDA 3~J4S0
Tt~[-MON[,1l051461•6020