State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-36 > 34-36-19SECTION 34-36-19
§ 34-36-19 Unit liens. – (a) Subsequent to recording the declaration as provided in this chapter, andwhile the property remains subject to this chapter, no lien shall thereafterarise or be effective against the property. During the period liens orencumbrances shall arise or be created only against each unit and thepercentage of undivided interest in the common areas and facilities appurtenantto the unit in the same manner and under the same conditions in every respectas liens or encumbrances may arise or be created upon or against any otherseparate parcel of real property subject to individual ownership; provided thatno labor performed or materials furnished with the consent or at the request ofa unit owner or his or her agent or his or her contractor or subcontractorshall be the basis for the filing of a lien pursuant to the lien law againstthe unit of any other unit owner not expressly consenting to or requesting thelabor or materials, except that the express consent shall be deemed to be givenby the owner of any unit in the case of emergency repairs. Labor performed ormaterials furnished for the common areas and facilities, if authorized by theunit owners, the manager or management committee in accordance with§§ 34-36-1 – 34-36-34, 34-36-35 and 34-36-36 the declaration orbylaws or the house rules, shall be deemed to be performed or furnished withthe express consent of each unit owner and shall be the basis for the filing ofa lien pursuant to the lien law against each of the units.
(b) In the event a lien against two (2) or more units becomeseffective, the unit owners of the separate units may remove their unit and thepercentage of undivided interest in the common areas and facilities appurtenantto the unit from the lien by payment of the fractional or proportional amountattributable to each of the units affected. The individual payment shall becomputed by reference to the percentages appearing in the declaration.Subsequent to any payment, discharge, or other satisfaction, the unit and thepercentage of undivided interest in the common areas and facilities appurtenantthereto shall be free and clear of the lien so paid, satisfied, or discharged.Partial payment, satisfaction or discharge shall not prevent the lienor fromproceeding to enforce his or her rights against any unit and the percentage ofundivided interest in the common areas and facilities appurtenant thereto notso paid, satisfied, or discharged.
