§ 14-204. Enforcement and foreclosure of lien

   (a) Manner of enforcement and foreclosure. -- Except as provided in subsection (d) of this section, a lien may be enforced and foreclosed by the party who obtained the lien in the same manner, and subject to the same requirements, as the foreclosure of mortgages or deeds of trust on property in this State containing a power of sale or an assent to a decree.

(b) Suits for deficiency and unpaid damages. -- If the owner of property subject to a lien is personally liable for alleged damages, suit for any deficiency following foreclosure may be maintained in the same proceeding, and suit for a monetary judgment for unpaid damages may be maintained without waiving any lien securing the same.

(c) Time limit. -- Any action to foreclose a lien shall be brought within 12 years following recordation of the statement of lien.

(d) Foreclose on lien against a unit owner or lot owner in common ownership community. --

   (1) (i) In this subsection the following words have the meanings indicated.

      (ii) "Common ownership community" means:

         1. A condominium as defined in § 11-101 of this article; or

         2. A homeowners association as defined in § 11B-101 of this article.

      (iii) "Governing body" means a person who has authority to enforce the declaration, articles of incorporation, bylaws, rules, or regulations of a common ownership community.

   (2) Notwithstanding the declaration, articles of incorporation, bylaws, rules, or regulations of a common ownership community, a governing body may foreclose on a lien against a unit owner or lot owner only if the damages secured by the lien:

      (i) Consist solely of:

         1. Delinquent periodic assessments or special assessments; and

         2. Reasonable costs and attorney's fees directly related to the filing of the lien and not exceeding the amount of the delinquent assessments; and

      (ii) Do not include fines imposed by the governing body or attorney's fees related to recovering the fines.

   (3) This subsection does not preclude a governing body from using any other means to enforce a lien against a unit owner or lot owner.

HISTORY: 1985, ch. 736; 2008, ch. 286; 2013, chs. 448, 449.