Chapter 12 - § 12.13 • OTHER STATUTORY LIENS

• Jurisdiction: Colorado

§ 12.13 • OTHER STATUTORY LIENS

§ 12.13.1—Nonconsensual Liens

Common-Interest Ownership Association Liens

A common-interest ownership association, if incorporated or organized as a limited liability company, has a statutory lien on a unit for any assessment levied against the unit or fine imposed against its owner.⁵⁵¹ The lien is prior to all other liens and encumbrances on a unit except (1) those recorded before the recordation of the declaration (and, in a cooperative, those which the association creates, assumes, or takes subject to); (2) a security interest on the unit which has priority over all other security interests on the unit and which was recorded before the date on which the assessment sought to be enforced became delinquent (or, in a cooperative, priority over all other security interests on the unit and which was perfected before the date on which the assessment sought to be enforced became delinquent); and (3) liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.⁵⁵² The recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessments is required.⁵⁵³ The lien is extinguished unless proceedings to enforce the lien are instituted within six years after the full amount of the assessment becomes due.⁵⁵⁴

If the security interest referred to in (2), above, was created after June 30, 1992, then the lien of the association is also prior to such security interest to the extent of an amount equal to the common expense assessments based on a periodic budget adopted by the association which would have become due, in the absence of any acceleration, during the six months immediately preceding institution by either the association or any party holding a lien senior to the association lien of an action or a nonjudicial foreclosure either to enforce or extinguish the lien.⁵⁵⁵

Other Nonconsensual Liens

Medical assistance lien: The department of healthcare financing and policy is authorized to file liens against any property of any individual who is institutionalized and from whom the state department may recover medical expenses paid on behalf of such individual.⁵⁵⁶ Except as mentioned, no lien may be imposed against the property of a recipient on account of medical assistance paid or to be paid, unless pursuant to the judgment of a court of competent jurisdiction.⁵⁵⁷

Life care contract lien: The commissioner of financial services will record a notice of lien on behalf of all residents who enter into life care contracts with a provider to secure performance of the provider's obligations to residents pursuant to life care contracts. The lien is against the nonexempt land and improvements owned by the provider.⁵⁵⁸

Pest control lien: When a county has been required to pay an expense charged against a landowner, under a cooperative agreement or otherwise, on account of pest control operations⁵⁵⁹ conducted upon or for the benefit if his lands, the county has a lien upon the lands for the amount so paid or for such lesser amount as the landowner is adjudged to pay after a hearing before the board of county commissioners.⁵⁶⁰ Upon payment by a county of a bill of expenses charged against a landowner, lessee, or contract holder, the board of county commissioners will make demand and notice in writing upon the landowner, lessee, or contract holder, in person or by mail, addressed to him at his last known place of residence 20 days prior to the published meeting date, for reimbursement to the county in the amount of such expenses. The written notice must inform the person that he may appear before the board on the published meeting date and be heard as to the amount and accuracy of the claim. If the claim, as originally demanded by the board or as adjusted upon the hearing, is not paid, then in the case of a private landowner, the board of county commissioners will certify the claim to the county assessor, who will add the amount thereof to any taxes due or to become due upon the lands, and the lands will be sold for the satisfaction of such expense at the same time and in the same manner as is provided by law for the sale of real estate for delinquent taxes. Where the accounts are payable by a lessee or contract holder, suit may be maintained in behalf of the county in a court of competent jurisdiction for the recovery of such accounts and cost of suit.⁵⁶¹

Fence lien: Partition fences between agricultural and grazing land must be erected and kept in repair at the joint cost of the owners of the adjoining tracts, except as otherwise agreed. If after giving 30 days written notice an owner fails to erect or repair one-half of the partition fence, the owner or tenant giving notice may erect or repair the entire partition fence and collect in a civil action one-half of the entire cost from the other owner. The judgment in such action is a lien upon the...