33-1257

33-1257. Other liens affecting the
condominium

A. Except as provided in subsection B of this section, a legally recorded judgment
for money against the association is not a lien on the common elements but is a lien in
favor of the judgment lienholder against all of the units in the condominium at the time
the judgment was entered. Other property of a unit owner is not subject to the claims of
creditors of the association.

B. If the association has granted a mortgage, deed of trust or security interest in
the common elements to a creditor of the association pursuant to section 33-1252, the
holder of that security interest must exercise its right against the common elements
before its judgment lien on any unit may be enforced.

C. Whether perfected before or after the creation of the condominium, if a lien
other than a deed of trust or mortgage becomes effective against two or more units, the
unit owner of an affected unit may pay to the lienholder the amount of the lien
attributable to his unit, and the lienholder, on receipt of payment, shall promptly
deliver a release of the lien covering that unit. The amount of the payment shall be
proportionate to the ratio which that unit owner's common expense liability bears to the
common expense liabilities of all unit owners whose units are subject to the lien. After
payment, the association shall not assess or have a lien against that unit owner's unit
for any portion of the common expenses incurred in connection with that lien.

D. A judgment against the association shall be indexed in the name of the
condominium and the association and shall include the legal description of the unit
subject to the lien. When so indexed, the judgment is notice of the lien against the
units.