Oregon Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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US-01120BG
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Yes. Oregon is a super lien state. An HOA's assessment lien on a lot in Oregon has priority, up to a specified amount, over the liens created by a lender's earlier-filed first mortgage.

Statute of Limitation on Tax Collection However, the statute of 10 years limitation on judgment liens begins to run on a tax lien as soon as the tax warrant is filed pursuant to ORS 314.430. Such lien may be renewed by court order without loss of priority.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

Section 87.035 - Perfecting lien; filing claim of lien; contents of claim (1) Every person claiming a lien created under ORS 87.010(1) or (2) shall perfect the lien not later than 75 days after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, ...

No lien for materials or supplies shall have priority over any recorded mortgage or trust deed on either the land or improvement unless the person furnishing the material or supplies, not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010 (Legal holidays), after the ...

Tax liens are involuntary and occur when a homeowner does not pay their federal, state, or local taxes. If this happens, a tax lien is placed against your property. This lien takes priority over all other liens and stays there until the debt is completely paid.

A lien that has priority over another lien is called a "superior" lien. A low-priority lien is called a "junior" lien. If a home has more than one lien, priority determines the lienholders' rights following a foreclosure sale.

Property owners can be forced to pay the lien holder (the person claiming the lien) or face a potential court order to sell the property for payment. Property owners can be liable if the general contractor does not pay subcontractors, employees, materials suppliers, and equipment rental companies.

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Oregon Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees