57-8-45. Enforcement of a lien

(1) (a) Except as provided in Section 57-8-13.1, to enforce a lien established under Section 57-8-44, an association of unit owners may:  
            (i) cause a unit to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided by:
                  (A) Sections 57-1-2457-1-2557-1-26, and 57-1-27; and
                  (B) this chapter; or
            (ii) foreclose the lien through a judicial foreclosure in the manner provided by:
                  (A) law for the foreclosure of a mortgage; and
                  (B) this chapter.
      (b) For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a):
            (i) the association of unit owners is considered to be the beneficiary under a trust deed; and
            (ii) the unit owner is considered to be the trustor under a trust deed.

(2) A unit owner's acceptance of the owner's interest in a unit constitutes a simultaneous conveyance of the unit in trust, with power of sale, to the trustee designated as provided in this section for the purpose of securing payment of all amounts due under the declaration and this chapter.

(3) (a) A power of sale and other powers of a trustee under this partfn1 and under Sections 57-1-19 through 57-1-34 may not be exercised unless the association of unit owners appoints a qualified trustee.
      (b) An association of unit owners' execution of a substitution of trustee form authorized in Section 57-1-22 is sufficient for appointment of a trustee under Subsection (3)(a).
      (c) A person may not be a trustee under this part unless the person qualifies as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).
      (d) A trustee under this part is subject to all duties imposed on a trustee under Sections 57-1-19 through 57-1-34.

(4) This chapter does not prohibit an association of unit owners from bringing an action against a unit owner to recover an amount for which a lien is created under Section 57-8-44 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the unit owner's unit under this chapter.

Enacted 2011, ch. 355.  Amended 2013, ch. 95, eff. May 14, 2013.


FN 1.  The Condominium Ownership Act is not divided into parts.  Therefore, the references to "this part" in Subsections (3)(a), (3)(c) and (3)(d) do not make sense as written.  They should say "this chapter" instead.

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