Vermont's Common Interest Ownership Act (27A V.S.A. Title 27A) gives associations an automatic lien for unpaid assessments and fines under 27A V.S.A. § 3-116, with a six-month super-priority over first mortgages. The lien is foreclosable, but only after preconditions and a board vote.
Under 27A V.S.A. § 3-116, an association has a statutory lien on a unit for any assessment or fine from the time it becomes due. The lien is "prior to all security interests" (including a first mortgage) "to the extent of the common expense assessments...that would have become due...during the six months immediately preceding institution of an action to enforce the lien" — the six-month super-priority. Before foreclosing, the owner must owe "at least three months of common expense assessments," must have "failed to accept or comply with a payment plan," and "the executive board votes to commence a foreclosure action specifically against that unit." The lien is extinguished unless enforced within three years.
Unpaid assessments accrue a foreclosable lien under 27A V.S.A. § 3-116, with up to six months of regular dues prioritized over a first mortgage. Recovery may add late charges, interest, costs, and fees; the lien expires after three years unenforced.
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