70-23-608. Foreclosure of lien under claim for common expenses -- action without foreclosure. (1) The proceedings to foreclose liens created by 70-23-607 shall conform as nearly as possible to the proceedings to foreclose liens created by Title 71, chapter 3, part 5. The lien may be enforced by the manager acting on behalf of the association of unit owners.
(2) An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien securing the claim for common expenses.
History: En. Sec. 27, Ch. 120, L. 1965; R.C.M. 1947, 67-2327; amd. Sec. 16, Ch. 202, L. 1987.
Structure Montana Code Annotated
Chapter 23. Unit Ownership Act -- Condominiums
Part 6. Conveyances, Liens, and Common Expenses
70-23-601. Contents of deed or lease of unit
70-23-602. Liens to be satisfied or released at time of first conveyance
70-23-603. Lien allowable against unit not against the property
70-23-604. Construction lien -- no effect on nonconsenting owner -- exception
70-23-605. Lien effective against two or more units -- release from
70-23-606. Records of receipts and expenditures affecting common elements -- inspection
70-23-607. Claim for common expenses -- priority of lien -- contents -- recording
70-23-608. Foreclosure of lien under claim for common expenses -- action without foreclosure
70-23-609. Foreclosure on unit -- payment of rent -- purchase of unit by manager
70-23-610. Purchaser at foreclosure sale not totally liable for prior common expenses
70-23-611. Joint liability of grantor and grantee for unpaid common expenses
70-23-612. Insurance of building -- premiums as common expenses
70-23-613. Disclosure by seller -- seller to furnish documents -- delay period