Under Pennsylvania's Uniform Planned Community Act, 68 Pa.C.S. § 5315, an association has an automatic lien on a unit for unpaid assessments and fines from the time they become due. The lien "may be foreclosed in a like manner as a mortgage on real estate," with a six-month limited priority over a first mortgage.
Section 5315(a) provides that "the association has 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," and that lien "may be foreclosed in a like manner as a mortgage on real estate." Under § 5315(b), at a judicial sale the lien is divested only to the extent the six months' unpaid common-expense assessments coming due immediately before the sale are paid from the proceeds, giving the association limited priority over an earlier first mortgage. A lien is extinguished unless enforcement begins within four years after the assessments become payable, and a judgment includes costs and reasonable attorney fees for the prevailing party.
No flat statutory penalty. The owner owes unpaid assessments, interest, late charges, costs, and reasonable attorney fees. The lien can be foreclosed like a mortgage, leading to a judicial sale and loss of the home; the four-year limitation runs from when each assessment became payable.
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