58-3109.Liens against apartments; removal from lien; effect of partpayment.(a) Subsequent to recording the declaration as provided in this act, andwhile the property remains subject to this act, no lien shall thereafterarise or be effective against the property. During such period liens orencumbrances shall arise or be created only against each apartment and thepercentage of undivided interest in the common areas and facilities,appurtenant to such apartment, in the same manner and under the sameconditions in every respect as liens or encumbrances may arise or becreated upon or against any other separate parcel of real property subjectto individual ownership: Provided, That no labor performed ormaterials furnished with the consent or at the request of an apartmentowner or his or her agent or his or her contractor or subcontractor shall be the basisfor the filing of a lien pursuant to the lien law against the apartment orany other property of any other apartment owner not expressly consenting toor requesting the same, except that such express consent shall be deemed tobe given by the owner of any apartment in the case of emergency repairsthereto. Labor performed or materials furnished for the common areas andfacilities, if duly authorized by the association of apartment owners, themanager or board of directors, in accordance with this act, the declarationor bylaws, shall be deemed to be performed or furnished with the expressconsent of each apartment owner and shall be the basis for the filing of alien pursuant to the lien law against each of the apartments and shall besubject to the provisions of subparagraph (b) hereunder.
(b) In the event a lien against two or more apartments becomeseffective, the apartment owners of the separate apartments may remove theirapartment and the percentage of undivided interest in the common areas andfacilities appurtenant to such apartment from the lien by payment of thefractional or proportional amounts attributable to each of the apartmentsaffected. Such individual payment shall be computed by reference to thepercentages appearing on the declaration. Subsequent to any such payment,discharge or other satisfaction the apartment and the percentage ofundivided interest in the common areas and facilities appurtenant theretoshall thereafter be free and clear of the lien so paid, satisfied ordischarged. Such partial payment, satisfaction or discharge shall notprevent the lienor from proceeding to enforce his or her rights against anyapartment and the percentage of undivided interest in the common areas andfacilities appurtenant thereto not so paid, satisfied or discharged.
58-3109.Liens against apartments; removal from lien; effect of partpayment.(a) Subsequent to recording the declaration as provided in this act, andwhile the property remains subject to this act, no lien shall thereafterarise or be effective against the property. During such period liens orencumbrances shall arise or be created only against each apartment and thepercentage of undivided interest in the common areas and facilities,appurtenant to such apartment, in the same manner and under the sameconditions in every respect as liens or encumbrances may arise or becreated upon or against any other separate parcel of real property subjectto individual ownership: Provided, That no labor performed ormaterials furnished with the consent or at the request of an apartmentowner or his or her agent or his or her contractor or subcontractor shall be the basisfor the filing of a lien pursuant to the lien law against the apartment orany other property of any other apartment owner not expressly consenting toor requesting the same, except that such express consent shall be deemed tobe given by the owner of any apartment in the case of emergency repairsthereto. Labor performed or materials furnished for the common areas andfacilities, if duly authorized by the association of apartment owners, themanager or board of directors, in accordance with this act, the declarationor bylaws, shall be deemed to be performed or furnished with the expressconsent of each apartment owner and shall be the basis for the filing of alien pursuant to the lien law against each of the apartments and shall besubject to the provisions of subparagraph (b) hereunder.
(b) In the event a lien against two or more apartments becomeseffective, the apartment owners of the separate apartments may remove theirapartment and the percentage of undivided interest in the common areas andfacilities appurtenant to such apartment from the lien by payment of thefractional or proportional amounts attributable to each of the apartmentsaffected. Such individual payment shall be computed by reference to thepercentages appearing on the declaration. Subsequent to any such payment,discharge or other satisfaction the apartment and the percentage ofundivided interest in the common areas and facilities appurtenant theretoshall thereafter be free and clear of the lien so paid, satisfied ordischarged. Such partial payment, satisfaction or discharge shall notprevent the lienor from proceeding to enforce his or her rights against anyapartment and the percentage of undivided interest in the common areas andfacilities appurtenant thereto not so paid, satisfied or discharged.
58-3109.Liens against apartments; removal from lien; effect of partpayment.(a) Subsequent to recording the declaration as provided in this act, andwhile the property remains subject to this act, no lien shall thereafterarise or be effective against the property. During such period liens orencumbrances shall arise or be created only against each apartment and thepercentage of undivided interest in the common areas and facilities,appurtenant to such apartment, in the same manner and under the sameconditions in every respect as liens or encumbrances may arise or becreated upon or against any other separate parcel of real property subjectto individual ownership: Provided, That no labor performed ormaterials furnished with the consent or at the request of an apartmentowner or his or her agent or his or her contractor or subcontractor shall be the basisfor the filing of a lien pursuant to the lien law against the apartment orany other property of any other apartment owner not expressly consenting toor requesting the same, except that such express consent shall be deemed tobe given by the owner of any apartment in the case of emergency repairsthereto. Labor performed or materials furnished for the common areas andfacilities, if duly authorized by the association of apartment owners, themanager or board of directors, in accordance with this act, the declarationor bylaws, shall be deemed to be performed or furnished with the expressconsent of each apartment owner and shall be the basis for the filing of alien pursuant to the lien law against each of the apartments and shall besubject to the provisions of subparagraph (b) hereunder.
(b) In the event a lien against two or more apartments becomeseffective, the apartment owners of the separate apartments may remove theirapartment and the percentage of undivided interest in the common areas andfacilities appurtenant to such apartment from the lien by payment of thefractional or proportional amounts attributable to each of the apartmentsaffected. Such individual payment shall be computed by reference to thepercentages appearing on the declaration. Subsequent to any such payment,discharge or other satisfaction the apartment and the percentage ofundivided interest in the common areas and facilities appurtenant theretoshall thereafter be free and clear of the lien so paid, satisfied ordischarged. Such partial payment, satisfaction or discharge shall notprevent the lienor from proceeding to enforce his or her rights against anyapartment and the percentage of undivided interest in the common areas andfacilities appurtenant thereto not so paid, satisfied or discharged.
