Okla. Stat. tit. 60, § 60-524
This is the official text of Okla. Stat. tit. 60, § 60-524, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Liens for unpaid share of common expenses - Priorities -
Official statutory text
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 Page 192
(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.
(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 Page 192
(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.
Status: in_force · Read it on the official government site
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