Rule 8.13 Liens

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  1. The management entity has a lien on a timeshare period from the date an assessment becomes due.
  • The management entity may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may bring an action to recover a money judgment for the unpaid assessments, or, when no interest in real property is conveyed, an action under the Uniform Commercial Code.
  • The lien is effective from the date of recording in the public records of the county or counties in which the accommodations are located, or as otherwise provided by the laws of the jurisdiction in which the accommodations are located. 
  • A judgment in any action or suit brought under this section may include costs and reasonable attorney’s fees for the prevailing party.
  • Labor or materials furnished to a unit shall not be the basis for the filing of a lien against the timeshare unit of any timeshare interest owner not expressly consenting to or requesting the labor or materials.
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