58-2254. Time for bringing actions to enforce claims and liens filed in register of deed's office; exception.
58-2254
58-2254. Time for bringing actions to enforce claims and liens filedin register of deed's office; exception.Except as provided further, whenever any person files in the office of registerof deeds any affidavit, caveat or statement of any kind, signed by or on behalfof the claimant only, whether acknowledged or not, purporting to set forth anyclaim against, interest in or lien upon any real property belonging to another,if not based on a written instrument signed by the party to be charged, suchclaim, interest or lien shall, after expiration of 30 days from date of filingthe same, no longer constitute any claim against, interest in or lien upon suchreal property, unless, within such time, the claimant shall begin an action ina court of competent jurisdiction to enforce such claim. This section shall notapply to such affidavit, caveat or statement which is a notice of nonpayment ofdues or assessment filed by a residential subdivision homeowners' associationpursuant to a previously recorded homeowners' association declaration thatauthorizes the filing of such notice and states a time limitation within whichan action must be brought to foreclose the lien of the unpaid dues orassessment referenced in the notice.
History: L. 1935, ch. 244, § 1; L. 1992, ch. 122, § 1; July 1.