25 Del. C. §81-316
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DUCIOA — Lien for Assessments

Creates an assessment lien with 6-month super-priority over first mortgages. Interest rate capped at the lesser of 18 percent per annum or the highest rate permitted by law. Association may not commence foreclosure unless the owner owes at least 3 months of assessments and the executive board votes to proceed against that specific unit. Three-year statute of limitations on lien enforcement. Foreclosure follows judicial (equitable) process.

Status Active
Source Official text

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Assessment
Ref Requirement
Creates an assessment lien with 6-month super-priority over first mortgages.
Within 3 years after the full amount of the assessments becomes due
Foreclosed in like manner as a mortgage on real estate, by equitable foreclosure
(b) Aggregate customary common expense assessment against such unit for 6 months
Enforcement
Ref Requirement
Three-year statute of limitations on lien enforcement.
Financial
Ref Requirement
Interest rate capped at the lesser of 18 percent per annum or the highest rate permitted by law.
Governance
Ref Requirement
Association may not commence foreclosure unless the owner owes at least 3 months of assessments and the executive board votes to proceed against that specific unit.
This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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