§ 55-79.35

Liens or encumbrances

(a. Subsequent to establishment of a horizontal property regime as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created and enforced only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided, that no labor performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a mechanic’s lien against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the council of co-owners, the manager, or board of directors in accordance with this chapter, the master deed, or bylaws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for the filing of a mechanic’s lien against each of the apartments and shall be subject to the provisions of subparagraph (b) hereunder. Notice of said lien may be served on the manager or the board of directors of the council of co-owners.

(b. In the event of filing of a lien against two or more apartments and their respective percentage interest in the common elements, the apartment owners of the separate apartments may remove their apartment and their percentage interest in the common elements appurtenant thereto from said lien by payment, or may file a written undertaking with surety approved by the court of the fractional or proportional amounts attributable to each of the apartments affected. Said individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to the bylaws of the horizontal property regime. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the apartment and its percentage interest in the common elements shall thereafter be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his rights against any apartment and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged.

History

1966, c. 683.

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