Under the Oregon Planned Community Act, an HOA has a lien on each lot for unpaid assessments (plus interest, late charges, attorney fees and costs) and may judicially foreclose it. Owners are also personally liable, so the association can pursue both a lien and a money judgment.
ORS 94.709 gives the association "a lien upon the individual lot for any unpaid assessments," including "interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws." The lien is prior to most encumbrances except tax/assessment liens and a recorded first mortgage or trust deed. Foreclosure "shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010" (construction liens) — Oregon does NOT statutorily foreclose these like a residential mortgage. The lien may be continued in force up to six years. Separately, ORS 94.712 makes an owner "personally liable for all assessments," so the association may also seek a money judgment.
Unpaid assessments accrue interest, late charges and collection attorney fees; the association may record a lien and judicially foreclose the lot, and may obtain a personal money judgment against the owner.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Gresham, OR
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