The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
CONDOMINIUM OWNERSHIP
(Cite as: 27 V.S.A. § 1323)
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§ 1323. Priority of lien
(a) All sums assessed by the association of owners but unpaid for the share of the common
expenses chargeable to any apartment or site shall constitute a lien on that apartment
or site prior to all other liens except only (i) tax liens on the apartment or site
in favor of any assessing unit and special district, (ii) all sums unpaid on a first
mortgage of record, and (iii) mechanic’s liens. The lien may be foreclosed by suit
by the manager or board of directors, acting on behalf of the apartment or site owners,
in like manner as a mortgage on real property. In any foreclosure the apartment or
site owner shall be required to pay a reasonable rental for the apartment or site,
if so provided in the bylaws, and the plaintiff shall be entitled to the appointment
of a receiver to collect it. The manager or board of directors, acting on behalf of
the apartment or site owners, may, unless prohibited by the declaration, bid on the
apartment or site at foreclosure sale, and acquire and hold, lease, mortgage and convey
the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable
without foreclosing or waiving the lien securing the same.
(b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment
or site obtains title to the apartment or site as a result of foreclosure of the first
mortgage, the acquirer of title, his or her successors and assigns, shall not be liable
for the share of the common expenses or assessments by the association of owners chargeable
to the mortgagor which became due before the acquisition of title to the apartment
or site by the acquirer. The unpaid share of common expenses or assessments shall
be considered common expenses collectible from all of the apartment or site owners
including the acquirer, his or her successors and assigns. (Added 1967, No. 228 (Adj. Sess.), § 23, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)