Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Super Lien Clarification and Suggestions

By Stephane Dupont on May 4, 2011
Email this postTweet this postLike this postShare this post on LinkedIn

There has been much debate surrounding the super lien in light of House Bill 11-1197 which was derailed this past legislative session.

CR.S. 38-33.3-316(2)(b) provides that the association is entitled to a super lien for assessments which would have come due during the six months immediately preceding the filing of a foreclosure action by an association or a party holding the first Deed of Trust.

House Bill 11-1197 would have expanded the super lien to provide for six months of assessments for each six month period that a foreclosure was pending (i.e. six months would have come due on filing and another six months on the first day of the seventh month, etc.). There was also discussion that would have expanded the six month provision to nine months, permitting the recovery of nine months of assessments coming due prior to the initiation of a foreclosure, every nine months.

The following are some tips to ensure that the association can successfully maximize its chances of recovering its super lien(s):

  • Clear and comprehensible ledgers should be maintained which set forth the assessments coming due prior to the filing of the foreclosure.
  • The association should promptly respond to any requests by a lender for a statement of the amount owed on the super lien(s). If the request is received via certified mail or hand delivered, the association should ensure that it sends a response within fourteen calendar days of receiving the request.
  • A record should be made of any foreclosures which are withdrawn and do not proceed to sale, to ensure the future collection of the super lien.

Stay tuned to our blog for future developments associated with the super lien statute.

  • Posted in:
    Real Estate & Construction
  • Blog:
    Colorado Homeowners Association Law
  • Organization:
    Winzenburg, Leff, Purvis & Payne, LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo