448.3-116. Lien for assessments.
Lien for assessments.
448.3.116. 1. The association has a lien on a unit for anyassessment levied against that unit or fines imposed against its unit ownerfrom the time the assessment or fine becomes due. The association's lienmay be foreclosed in like manner as a mortgage on real estate or a power ofsale pursuant to chapter 443, RSMo. Unless the declaration otherwiseprovides, fees, charges, late charges, fines, and interest charged pursuantto subdivisions (10), (11), and (12) of subsection 1 of section 448.3-102are enforceable as assessments pursuant to this section. If an assessmentis payable in installments, the full amount of the assessment is a lienfrom the time the first installment thereof becomes due.
2. A lien pursuant to this section is prior to all other liens andencumbrances on a unit except:
(1) Liens and encumbrances recorded before the recordation of thedeclaration;
(2) A mortgage and deed of trust for the purchase of a unit recordedbefore the date on which the assessment sought to be enforced becamedelinquent;
(3) Liens for real estate taxes and other governmental assessments orcharges against the unit;
(4) Except for delinquent assessments or fines, up to a maximum ofsix months' assessments or fines, which are due prior to any subsequentrefinancing of a unit or for any subsequent second mortgage interest.
This subsection does not affect the priority of mechanics' or materialmen'sliens, or the priority of liens for other assessments made by theassociation. The lien pursuant to this section is not subject to theprovisions of section 513.475, RSMo.
3. Unless the declaration provides otherwise, if two or moreassociations have liens for assessments created at any time on the samereal estate, those liens have equal priority.
4. Recording of the declaration constitutes record notice andperfection of the lien. No further recordation of any claim of lien forassessment pursuant to this section is required.
5. A lien for unpaid assessments is extinguished unless proceedingsto enforce the lien are instituted within three years after the full amountof the assessments becomes due.
6. This section shall not prohibit actions to recover sums for whichsubsection 1 of this section creates a lien, or prohibit an associationfrom taking a deed in lieu of foreclosure.
7. A judgment or decree in any action brought pursuant to thissection shall include costs and reasonable attorney's fees for theprevailing party.
8. The association shall furnish to a unit owner, upon writtenrequest, a recordable statement setting forth the amount of unpaidassessments against the unit owner's unit. The statement shall befurnished within ten business days after receipt of the request and isbinding on the association, the executive board, and every unit owner.
(L. 1983 H.B. 177, A.L. 1998 S.B. 852 & 913)Effective 1-1-99