Oklahoma § 60-524 - Liens for unpaid share of common expenses - Priorities Enforcement

§ 60-524. Liens for unpaid share of common expenses - Priorities Enforcement

(a) All sums assessed by the council of unit owners for the

share of the common expenses chargeable to any unit which sums

remain unpaid shall constitute a lien on such unit prior to all

other liens except the following:

1. Assessments, liens, and charges for taxes past due and

unpaid on the unit,

2. Judgments entered in a court of record prior to the date of

common expense assessment,

3. Mortgage instruments of encumbrance duly recorded prior to

the date of such assessment,

4. Mechanic's and materialmen's liens arising from labor

performed or materials furnished upon a unit prior to the date of

such assessment, and

5. Mechanic's and materialmen's liens for labor performed or

material furnished upon the common elements to the extent (sic) of

the proportionate part chargeable to the unit owners which

constitute a part of an assessable charge for common expenses

satisfaction of which shall discharge the assessment to the extent

of the payment made.

Oklahoma Statutes - Title 60. Property

(b) The assessment lien may be foreclosed by suit instituted by

the council of unit owners or a duly authorized agent thereof in

like manner as an action for foreclosure of a mortgage upon real

property. In any such foreclosure proceedings, the unit owner shall

be required to pay a reasonable rental for the use of his unit, if

so provided in the bylaws and the plaintiff in such foreclosure

shall be entitled to the appointment of a receiver to collect the

same. The council of unit owners, or their authorized agent, shall

have power, unless prohibited by the declaration, to bid in at the

foreclosure sale and to acquire and hold, lease, mortgage and convey

the unit ownership estate acquired at the foreclosure sale. Suit to

recover money judgment for unpaid common expenses shall be

maintainable without foreclosing or waiving the lien securing the

same.

(c) Upon sale or conveyance of a unit encumbered by an

assessment lien, such lien shall be paid first, out of the sale

proceeds or by the grantee, subject only as aforesaid.

(d) Where the holder of a first mortgage of record or other

purchaser obtains title to the unit ownership estate as a result of

foreclosure of the first mortgage, such acquirer of title shall not

be liable for the share of the common expenses or assessments by the

council of unit owners chargeable to such unit which became due

prior to acquisition of title to such unit by such acquirer. Such

unpaid share of common expenses or assessments shall be deemed to be

common expenses collectible from all the unit owners, including such

acquirer.

Laws 1963, c. 288, § 24.