Under the Minnesota Common Interest Ownership Act (Minn. Stat. Ch. 515B), an association gets an automatic lien for unpaid assessments. Section 515B.3-116 gives it a six-month super-priority over a first mortgage and lets it foreclose the lien like a mortgage by advertisement or by action.
Minn. Stat. § 515B.3-116 provides that "[t]he association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due." The lien is generally prior to all other liens except real estate taxes, liens recorded before the declaration, and first mortgages — but it carries a six-month super-priority: a foreclosing first mortgagee takes subject to common-expense assessments that "became due, without acceleration, during the six months immediately preceding" the end of the owner's redemption period. The association's lien "may be foreclosed in a like manner as a mortgage containing a power of sale" under Chapter 580 (by advertisement) or by action under Chapter 581.
Unpaid assessments become an automatic lien on the unit, foreclosable by advertisement (Ch. 580) or by action (Ch. 581). The association may also recover costs, attorney fees, interest, and late charges as part of the lien.
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