Nebraska Condominium Act — Lien for Assessments

Nebraska Legislature NEBRASKA LEGISLATURE The official site of the Nebraska Unicameral Legislature MENU Home Chamber Viewer View Bills One Liners Statutes Summary Hearings Agenda Journal Budget Rule Book Constitution Legislature About The Nebraska State Legislature The Budget Process History of the Unicameral Lawmaking in Nebraska Maps Nebraska Blue Book On Unicameralism Photos Publications Senator Qualifications Student Programs Testifying at a Hearing Unicameral Update Visiting the Capitol Bills and Laws Introduction Search Bills Search Laws Print On Demand Calendar Committees About Standing and Special Committees Standing Committees Public Input Options Select & Special Committees Compact Commissions Hearing Schedules Occupational Board Reform Act Survey Results Legislative Divisions Clerk of the Legislature Legislative Oversight Legislative Fiscal Office Legislative Research Office Public Counsel/Ombudsman Revisor of Statutes Legislative Histories History Request News Reports Overview Agencies Committee Fiscal/Budget General Research Interim Studies Lobbyist Registration Legislative Oversight Public Counsel Revisor of Statutes Senators Senators' Landing Pages Senators' Duties Speaker Find your Senator Photos Session Information Transcripts For Agencies For Citizens For Journalists For Lobbyists For Students and Teachers Nebraska Revised Statute 76-874 Revised Statutes Chapter 76 76-874 Print Friendly View Statute 76-873 Chapter 76 Index View Statute 76-874.01 Chapter 76 76-874. Lien for assessments. (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 …

Showing excerpt. Read full text on official source →