Tennessee Condominium Act -- Lien for Assessments

Establishes the association's lien on a unit for assessments and fines from the time they become due. The lien may be foreclosed by judicial action; the declaration may also authorize non-judicial foreclosure (power of sale under Title 35, Chapter 5) with prior notice to the unit owner and all lienholders of record. The lien is prior to all liens except: (1) pre-declaration liens; (2) first mortgage/deed of trust recorded before delinquency; (3) governmental liens for taxes. SUPER-PRIORITY: the lien has priority over even a first mortgage/deed of trust for 6 months of regular common expense assessments preceding enforcement, capped at 1% of the maximum principal indebtedness of the first mortgage. This super-priority is lost if the association fails to notify the mortgage holder within 30 days of 6 months' delinquency (if the holder provided its address to the association). Statute of limitations: lien is extinguished unless foreclosure is instituted within 6 years. Attorney's fees and costs awarded to prevailing party. Applies retroactively to pre-2009 condominiums per §66-27-202(a).