Vermont § 1323 - Priority of lien
Full text of Vermont Vermont Statutes Online § 1323 — Priority of lien, with citation guidance and answers to common questions.
§ 1323. Priority of lien
- (a) All sums assessed by the association of owners but unpaid for the share of the common
expenses chargeable to any apartment or site shall constitute a lien on that apartment
or site prior to all other liens except only (i) tax liens on the apartment or site
in favor of any assessing unit and special district, (ii) all sums unpaid on a first
mortgage of record, and (iii) mechanic’s liens. The lien may be foreclosed by suit
by the manager or board of directors, acting on behalf of the apartment or site owners,
in like manner as a mortgage on real property. In any foreclosure the apartment or
site owner shall be required to pay a reasonable rental for the apartment or site,
if so provided in the bylaws, and the plaintiff shall be entitled to the appointment
of a receiver to collect it. The manager or board of directors, acting on behalf of
the apartment or site owners, may, unless prohibited by the declaration, bid on the
apartment or site at foreclosure sale, and acquire and hold, lease, mortgage and convey
the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable
without foreclosing or waiving the lien securing the same. (b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment
or site obtains title to the apartment or site as a result of foreclosure of the first
mortgage, the acquirer of title, his or her successors and assigns, shall not be liable
for the share of the common expenses or assessments by the association of owners chargeable
to the mortgagor which became due before the acquisition of title to the apartment
or site by the acquirer. The unpaid share of common expenses or assessments shall
be considered common expenses collectible from all of the apartment or site owners
including the acquirer, his or her successors and assigns. (Added 1967, No. 228 (Adj. Sess.), § 23, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
Frequently Asked Questions About Vermont § 1323
What does Vermont Statutes Online § 1323 cover?
Section 1323 ("Priority of lien") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1323?
A common citation format is "Vermont Statutes Online § 1323" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1323 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.