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5074
VETOES
(C) A SUIT FOR ANY EXPECTED ACTUAL DEFICIENCY
FOLLOWING FORECLOSURE MAY BE MAINTAINED IN THE FORECLOSURE
PROCEEDING.
(D) A SUIT TO RECOVER A MONEY JUDGMENT FOR UNPAID
ASSESSMENTS IS NOT A WAIVER OF THE LIEN SECURING THE
ASSESSMENT.
(E) AN ACTION MAY NOT BE BROUGHT TO FORECLOSE A LIEN
UNDER THIS SUBTITLE UNLESS THE ACTION IS BROUGHT:
(1) WITHIN 3 YEARS FOLLOWING THE RECORDATION OF
THE STATEMENT OF A HOMEOWNERS' ASSOCIATION LIEN; AND
(2) AFTER 10 DAYS' WRITTEN NOTICE TO THE
HOMEOWNER THAT IS SENT BY REGISTERED MAIL WITH RETURN
RECEIPT REQUESTED TO THE ADDRESS OF THE HOMEOWNER SHOWN ON
THE BOOKS OF THE HOMEOWNERS' ASSOCIATION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.
June 1, 1982
The Honorable James Clark, Jr.
President of the Senate
State House
Annapolis, Maryland 21404
Dear Mr. President:
In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill 473.
The bill enacts a statutory method for a homeowners'
association to obtain a lien to secure charges imposed on
the members of the association by the bylaws or declaration
of covenants of the homeowners' association and, in
addition, certain other charges and expenses connected with
the collection of those charges. The lien would extend to
the member's house, the land upon which the house is
located, and to the rights or property associated with the
ownership of the house. The recording in the land records
of a statement of a homeowner's association lien by the
association, without notice to the homeowner, would be
sufficient to make the lien effective. The lien would be
enforceable, and could be foreclosed, by the association.
Foreclosure proceedings would be conducted in the same
manner as foreclosures of mortgages or deeds of trust.
The bill would raise difficult interpretive issues, and
the statutory procedure is quite possibly unconstitutional.
Regrettably, the bill does not circumscribe the types of
"associations" which would be entitled to use the lien
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