Unpaid Assessments at Time of Execution Sale Against a Unit

Act 117 of 1963, § 705, under UNIT PROPERTY ACT - (CONDOMINIUMS).

Act 117 of 1963, § 705

Section 705. Unpaid Assessments at Time of Execution Sale Against a Unit.--In the event that title to a unit is transferred by sheriff's sale pursuant to execution upon any lien against the unit, the council may give notice in writing to the sheriff of any unpaid assessments for common expenses which are a charge against the unit but have not been reduced to lien pursuant to section 703 of this act, and the sheriff shall pay the assessments of which he has such notice out of any proceeds of the sale which remain in his hands for distribution after payment of all other claims which he is required by law to pay, but prior to any distribution of the balance to the former unit owner against whom the execution issued. The purchaser at such sheriff's sale and the unit involved shall not be liable for unpaid assessments for common expenses which become due prior to the sheriff's sale of the unit. Any such unpaid assessments which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners, including the purchaser who acquired title at the sheriff's sale, his successors and assigns. To protect its right to collect unpaid assessments which are a charge against a unit, the council may on behalf of the unit owners, purchase the unit at sheriff's sale provided such action is authorized by the affirmative vote of a majority of the members of council, and if it does so purchase, the council shall thereafter have the power to sell, convey, mortgage or lease such unit to any person whatsoever.