Guam § 45124 - Priority of Lien.

§ 45124. Priority of Lien.

(a) All sums assessed by the association of apartment owners but

unpaid for the share of the common expenses chargeable to any apartment

constitute a lien on the apartment prior to all other liens, except only (l)

liens for a taxes and assessments lawfully imposed by governmental

authority against the apartment, and (2) all sums unpaid on mortgages of

record. The lien may be foreclosed by suit by the manager or Board of

Directors, acting on behalf of the apartment owners, in like manner as a

mortgage of real property. In any such foreclosure the apartment owner

shall be required to pay a reasonable rental for the apartment, if so provided

in the bylaws, and the plaintiff in the foreclosure shall be entitled to the

appointment of a receiver to collect the same. The manager or Board of

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Directors, acting on behalf of the apartment owners, may, unless prohibited

by the declaration, bid on the apartment at foreclosure sale, and acquire and

hold, lease, mortgage, and convey the same. Suit to recover a money

judgment for unpaid common expense shall be maintainable without

foreclosing or waiving the lien securing the same.

(b) Where the mortgagee of a mortgage of record or other purchaser of

an apartment obtains title to the apartment as a result of foreclosure of the

mortgage, the acquirer of title, his successors and assigns shall not be liable

for the share of the common expenses of assessments by the association of

apartment owners chargeable to the apartment which became due prior to

the acquisition of title to the apartment by the acquirer. The unpaid share of

common expenses or assessments shall be deemed to be common expenses

collectible from all of the apartment owners, including the acquirer, his

successors and assigns.