BILL HB08-1365
CAR Position - Monitor
Summary of HB08-1365
Short Title: Foreclosure Of Lien On Time
Share Estate
Sponsors: McFadyen
Allows a unit owners' association foreclosing an assessment lien
against a time share estate to join in the foreclosure action
multiple defendant obligors, junior lienors, or separate time share
estates if:
* The foreclosure action involves a single common interest
community;
* The foreclosure action is commenced by a single plaintiff;
* The default and remedy provisions in the project instruments on
which the foreclosure action is based are substantially the same for
each defendant; and
* The claim against each defendant is a foreclosure of a lien for
assessments. In a foreclosure action involving time share estates in
which multiple defendants have been joined:
* Requires a court to sever for separate trial any claim of the
complaint in which a defense or counterclaim is timely raised by a
defendant.
* Allows the plaintiff to name all defendants joined in the action
in a single published notice when notice is required.
* Specifies that the action is a single proceeding for purposes of
filing fees and service charges.
Status
03/17/2008 Introduced In House - Assigned to Local Government
03/17/2008 Introduced In House - Assigned to Local Government +
Finance
04/03/2008 House Committee on Local Government Refer Amended to
Finance
04/09/2008 House Committee on Finance Pass Unamended to House
Committee of the Whole
04/14/2008 House Second Reading Special Order - Passed with
Amendments
04/15/2008 House Third Reading Passed
04/16/2008 Introduced In Senate - Assigned to Local Government
04/24/2008 Senate Committee on Local Government Refer Unamended to
Finance
04/29/2008 Senate Committee on Finance Pass Unamended to Senate
Committee of the Whole
05/01/2008 Senate Second Reading Passed
05/02/2008 Senate Third Reading Passed
Amendments
Fiscal Notes Status
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