6745 AMS BENT S5569.1

SB 6745 - S AMD TO S AMD (S-5482.3/08)138
By Senator Benton and Tom

ADOPTED 02/18/2008

On page 12, beginning on line 28, strike all material through line 30, and insert the following:
"(2) An association's lien rights may not include liens to secure payment of fines validly imposed. However, an association's lien rights may include liens to secure payment of unpaid assessments. This subsection supersedes any inconsistent provisions in the governing documents."

EFFECT: HOAs may not place liens on member's homes for unpaid fines. This provision trumps any covenant that purports to give the HOA this lien right. HOAs' lien rights still may be exercised for nonpayment of assessments.

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