Foreclosure of Assessment Liens

  1. INTRODUCTION

    1. The Association has a lien for unpaid assessments against each unit in the Association.

      1. A lien against the owner's unit for unpaid assessments is granted in most Declarations. The time at which the lien attaches depends upon specific wording in the Declaration. For example, the Declaration may state that the lien attaches when the assessment is unpaid, or when notice of the lien is recorded in the real estate records. The Owner has notice of this lien because the Declaration is recorded in the public records.

      2. The Colorado Common Interest Ownership Act (CCIOA) also gives associations a lien for all unpaid assessments coming due after CCIOA went into effect on July 1, 1992. Under CCIOA, the Declaration and CCIOA constitute notice of the lien so no recording of a notice of lien is required. However, we recommend that a lien still be recorded as further notice to anyone searching the real estate records of the county. Under CCIOA, the association's lien goes back to the date the Declaration was recorded and typically it will be senior to all other liens except the lien of a first mortgage and any lien for unpaid taxes and assessments affecting the property.

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