(3) The lien
described in division (A)(1) of this
section is | 33 |
effective on the date
that a certificate of lien
in the form | 34 |
described in division (A)(3) of this section is filed for record | 35 |
in the office of
the recorder of the county or counties in which | 36 |
the condominium
property is situated pursuant to
an authorization | 37 |
given by the
board of
directors of the unit owners association. | 38 |
The
certificate
shall contain a
description of the unit, the name | 39 |
of
the record
owner
of the unit, and
the
amount of the unpaid | 40 |
portion
of the
common expenses and, subject to subsequent | 41 |
adjustments, any
unpaid interest,
administrative
late fees, | 42 |
enforcement
assessments, collection costs,
attorney's
fees, and | 43 |
paralegal
fees. The certificate
shall be
subscribed by the | 44 |
president or
other
designated representative
of the association. | 45 |
(B)(1) The lien
described in division
(A)(1)
of this section | 58 |
is prior to any lien or encumbrance subsequently
arising or | 59 |
created except liens for real estate taxes and
assessments
of | 60 |
political subdivisions and
liens of first mortgages
that have been | 61 |
filed for
record and may
be foreclosed in the same
manner as a | 62 |
mortgage on
real property
in an action brought on
behalf of the | 63 |
unit owners
association by
the president or
other chief officer
of | 64 |
the
association pursuant to authority given
to
that
individual by | 65 |
the board of
directors. | 66 |
(2)
The lien described in division (A)(1) of this section, in | 67 |
an amount equal to the lesser of the amount of the delinquency or | 68 |
six months of common expense assessments based on the budget | 69 |
adopted by the association for the year in which the foreclosure | 70 |
action against the unit is commenced, plus the association's | 71 |
reasonable attorney's fees, costs, and expenses related to the | 72 |
foreclosure, is prior to any lien or
encumbrance previously | 73 |
arising or created except liens for real
estate taxes and | 74 |
assessments of political subdivisions. Following
the security | 75 |
interest created by this section, the association's
lien returns | 76 |
to the priority outlined in division (B)(1) of this
section. | 77 |
(3) In a
foreclosure action
a unit owners
association | 78 |
commences pursuant to
division (B)(1) of this section
or a | 79 |
foreclosure action the holder of
a first mortgage or
other lien on | 80 |
a unit commences, the
owner of the unit, as the
defendant in the | 81 |
action, shall be required to pay a
reasonable
rental for the unit | 82 |
during the pendency of the action.
The unit owners
association or | 83 |
the holder
of the lien is entitled to the
appointment of a | 84 |
receiver to
collect the rental.
Each
rental payment a
receiver | 85 |
collects
during
the pendency of the
foreclosure
action shall be | 86 |
applied
first to
the payment of the
portion of the
common expenses | 87 |
chargeable to
the unit during the
foreclosure
action. | 88 |
(C) A unit owner who believes that the portion of the
common | 106 |
expenses chargeable to
the unit, for which the unit owners | 107 |
association files a certificate of lien
pursuant to
division (A) | 108 |
of
this section, has been improperly
charged
may commence an | 109 |
action for the
discharge of the
lien in the court
of common pleas | 110 |
of the county
in which all or a
part of the
condominium property | 111 |
is situated.
In
the action, if it
is
finally determined that the | 112 |
portion of the
common expenses was improperly charged to the
unit | 113 |
owner or
the
unit, the
court
shall
enter an order
that
it | 114 |
determines to
be just, which may provide for a discharge of
record | 115 |
of all or a
portion of the lien. | 116 |