Unit Owners of Cornell Meadows Condo v. Jensen

“[M]oney judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. A judgment entered on the action does not extinguish the lien.” ORS 100.450(4). This amended statute and the pre-amendment statute do not prevent foreclosure of a lien if a prior personal judgment was made.

Defendant appealed summary judgment, allowing Plaintiff to foreclose on an association lien that was automatically granted to Plaintiff for Defendant's failure to make payments. Defendant assigned error to the grant of summary judgement. Defendant argued that Plaintiff made an election of remedies when Plaintiff acquired personal judgment on this issue thus barring a second recovery from the same wrong. Defendant further argued that the language of ORS 100.450(4) that prevents judgment from extinguishing a lien was added after Plaintiff sought the personal judgment rendering it inapplicable to Defendant. The Court found the legislature explicitly stated that the statute’s amendment apply retroactively. Furthermore the Court reasoned that even if the pre-amendment statute were applied, recovery for money judgment would be maintained without foreclosing the lien. The Court held that the trial court did not err in granting summary judgment to Plaintiff. Plaintiff should be allowed to foreclose on the lien regardless of the personal judgment. Affirmed.