Under Rhode Island's Common Interest Ownership Act, an association has an automatic lien on a unit for unpaid assessments and fines. The lien carries a six-month super-priority over a recorded first mortgage, and the association may foreclose it by non-judicial power of sale.
R.I. Gen. Laws § 34-36.1-3.16 gives the association "a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due." The lien is prior to other encumbrances except pre-declaration liens, a first mortgage recorded before the assessment became delinquent, and real estate tax liens. But it beats that first mortgage to the extent of common expense assessments "during the six (6) months immediately preceding the foreclosure," plus attorney's fees up to $2,500 and foreclosure costs up to $5,000 ($7,500 aggregate). Section 34-36.1-3.21 authorizes non-judicial foreclosure by public auction. The lien is extinguished unless enforced within six years.
Unpaid assessments and fines become an automatic lien on the unit; the association may foreclose by public auction under § 34-36.1-3.21, and recover up to $7,500 in attorney's fees and foreclosure costs.
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East Providence, RI
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