(a) The unit owners association shall have a lien upon the estate or interest of the owner in any unit and the appurtenant percentage of interest in the common areas and facilities for the payment of the portion of the common expenses chargeable against the unit that remains unpaid for ten days after the portion has become due and payable. The lien is effective on the date a certificate of lien is filed for record in the office of the recorder pursuant to authorization given by the board of managers. The certificate shall contain a description of the unit, the name of the record owner and the amount of the unpaid portion of the common expenses and shall be subscribed by the president or other chief officer of the unit owners association. The lien is valid for a period of five years from the date of filing, unless sooner released or satisfied in the same manner provided by law for the release and satisfaction of mortgages on real property or discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in this section.
(b) The lien provided for by subsection (a) hereof is prior to any lien or encumbrance subsequently arising or created, except liens for real estate taxes and assessments and liens of first mortgages that have been filed for record, and may be foreclosed in the same manner as a mortgage on real property in an action brought on behalf of the unit owners association by its president or other chief officer pursuant to authority given to him by the board of managers. In the foreclosure action, the owner of the unit affected shall be required to pay a reasonable rental as established by the unit owners association for the unit during the pendency of the action, and the plaintiff in the action is entitled to the appointment of a receiver to collect the rental. In the foreclosure action, the unit owners association, or its agent, duly authorized by action of its board of managers, is entitled, unless prohibited by the declaration or by-laws, to become a purchaser at the foreclosure sale.
(c) A unit owner who believes that the portion of the common expenses chargeable to his unit, for which a certificate of lien has been filed by the unit owners association pursuant to this section, has been improperly charged against him or his unit may commence an action for the discharge of the lien in the Court of Common Pleas of Cuyahoga County. In the action, if it is finally determined that the portion of the common expenses has been improperly charged to the owner or his unit, the court shall make such order as is just, which may provide for a discharge of records of all or a portion of the lien.
(Ord. 5985-1981. Passed 6-8-81.)