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Session Laws, 1985
Volume 760, Page 3445   View pdf image
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HARRY HUGHES, Governor                                      3445

common expenses, or be used for any other purpose as the council
of unit owners decides.

(b)  Funds for the payment of current common expenses and
for the creation of reserves for the payment of future common
expenses shall be obtained by assessments against the unit owners
in proportion to their percentage interests in common expenses
and common profits.

(c)  A unit owner shall be liable for all assessments, or
installments thereof, coming due while he is the owner of a unit.
In a voluntary grant the grantee shall be jointly and severally
liable with the grantor for all unpaid assessments against the
grantor for his share of the common expenses up to the time of
the voluntary grant for which a statement of [condominium] lien
is recorded, without prejudice to the rights of the grantee to
recover from the grantor the amounts paid by the grantee for such
assessments. Liability for assessments may not be avoided by
waiver of the use or enjoyment of any common element or by
abandonment of the unit for which the assessments are made.

[(d) Any assessment, until paid, together with interest,
late charges, if any, and actual costs of collection, and
reasonable attorney's fees, constitutes a lien on the unit on
which it is assessed, if a statement of lien is recorded within
2 years after the date the assessment becomes due. The
recordation of a grant of a unit for value extinguishes the right
of the council of unit owners thereafter to file a statement of
condominium lien for assessments, or installments thereof, due
prior to the recordation of the grant. The lien shall be
effective against a unit from and after the time a statement of
condominium lien is recorded among the land records of the county
where the unit is" located, stating the description of the unit,
the name of the record owner, the amount due and the period for
which the assessment was due. The clerk shall index the
statement of condominium lien under the name of the record owner
in the grantor index and in the block index if one is maintained
by the clerk. The statement of condominium lien shall state that
written notice of intention to file the statement of condominium
lien, of the amount due, and of the unit owner's right to
request a hearing pursuant to this section, was given to the
owner of the unit at the address shown on the roster maintained
pursuant to § ll-109(c)(2), by or on behalf of the council of
unit owners, at least 15 days in advance of recording. The
statement of condominium lien shall be signed and verified by an
officer or agent of the council of unit owners as specified in
the bylaws and then may be recorded. The owner of the unit may,
before recording, obtain a hearing before the Board of Directors
by requesting a hearing in writing within 15 days after notice is
given, if the owner believes that the amounts stated in the
written notice or in the statement of condominium lien are
erroneous, or are otherwise not due as claimed. After a hearing,
or 15 days after notice is given if no hearing is requested, the
statement of condominium lien may be recorded. After the
statement of condominium lien is recorded, the owner of the unit

 

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Session Laws, 1985
Volume 760, Page 3445   View pdf image
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