§ 43-7. Perfection of lien by subcontractor; extent of lien; affirmativedefense; provisions relating to time-share estates.
A. Any subcontractor, in order to perfect the lien given him by § 43-3 shallcomply with § 43-4, and in addition give notice in writing to the owner ofthe property or his agent of the amount and character of his claim. But theamount for which a subcontractor may perfect a lien under this section shallnot exceed the amount in which the owner is indebted to the generalcontractor at the time the notice is given, or shall thereafter becomeindebted to the general contractor upon his contract with the generalcontractor for such structure or building or railroad. It shall be anaffirmative defense or affirmative partial defense, as the case may be, to asuit to perfect a lien of a subcontractor that the owner is not indebted tothe general contractor or is indebted to the general contractor for less thanthe amount of the lien sought to be perfected.
B. Where the property referred to in subsection A hereof is a time-shareunit, as defined by § 55-362, the word "agent," as used in subsection A,shall be deemed to include the developer, during the developer controlperiod, or the time-share estate owners' association, after the developercontrol period.
Within ten days of receipt of the notice, the developer or the time-shareestate owners' association shall mail by first class mail a copy of thenotice to all time-share estate owners whose interests are affected by thesubcontractor's lien on the time-share unit. Failure on the part of thedeveloper or time-share estate owners' association to so notify theappropriate time-share estate owners within the time period set forth aboveshall result in the developer's or the association's being liable for thefull amount of the subcontractor's claim, but such failure shall not affectthe validity of any lien perfected under this section. Assessments levied bythe estate owners' association to pay the liability hereby imposed shall bemade only against the time-share estate owners of record in the time-shareestate project at the time the liability was incurred.
C. Where the property referred to in subsection A hereof is a time-shareunit, as defined by § 55-362, the memorandum required to be filed pursuant to§ 43-4 need show only the name of the developer during the developer controlperiod, or the time-share estate owners' association, after the developercontrol period.
§ 43-7. Perfection of lien by subcontractor; extent of lien; affirmativedefense; provisions relating to time-share estates.
A. Any subcontractor, in order to perfect the lien given him by § 43-3 shallcomply with § 43-4, and in addition give notice in writing to the owner ofthe property or his agent of the amount and character of his claim. But theamount for which a subcontractor may perfect a lien under this section shallnot exceed the amount in which the owner is indebted to the generalcontractor at the time the notice is given, or shall thereafter becomeindebted to the general contractor upon his contract with the generalcontractor for such structure or building or railroad. It shall be anaffirmative defense or affirmative partial defense, as the case may be, to asuit to perfect a lien of a subcontractor that the owner is not indebted tothe general contractor or is indebted to the general contractor for less thanthe amount of the lien sought to be perfected.
B. Where the property referred to in subsection A hereof is a time-shareunit, as defined by § 55-362, the word "agent," as used in subsection A,shall be deemed to include the developer, during the developer controlperiod, or the time-share estate owners' association, after the developercontrol period.
Within ten days of receipt of the notice, the developer or the time-shareestate owners' association shall mail by first class mail a copy of thenotice to all time-share estate owners whose interests are affected by thesubcontractor's lien on the time-share unit. Failure on the part of thedeveloper or time-share estate owners' association to so notify theappropriate time-share estate owners within the time period set forth aboveshall result in the developer's or the association's being liable for thefull amount of the subcontractor's claim, but such failure shall not affectthe validity of any lien perfected under this section. Assessments levied bythe estate owners' association to pay the liability hereby imposed shall bemade only against the time-share estate owners of record in the time-shareestate project at the time the liability was incurred.
C. Where the property referred to in subsection A hereof is a time-shareunit, as defined by § 55-362, the memorandum required to be filed pursuant to§ 43-4 need show only the name of the developer during the developer controlperiod, or the time-share estate owners' association, after the developercontrol period.
§ 43-7. Perfection of lien by subcontractor; extent of lien; affirmativedefense; provisions relating to time-share estates.
A. Any subcontractor, in order to perfect the lien given him by § 43-3 shallcomply with § 43-4, and in addition give notice in writing to the owner ofthe property or his agent of the amount and character of his claim. But theamount for which a subcontractor may perfect a lien under this section shallnot exceed the amount in which the owner is indebted to the generalcontractor at the time the notice is given, or shall thereafter becomeindebted to the general contractor upon his contract with the generalcontractor for such structure or building or railroad. It shall be anaffirmative defense or affirmative partial defense, as the case may be, to asuit to perfect a lien of a subcontractor that the owner is not indebted tothe general contractor or is indebted to the general contractor for less thanthe amount of the lien sought to be perfected.
B. Where the property referred to in subsection A hereof is a time-shareunit, as defined by § 55-362, the word "agent," as used in subsection A,shall be deemed to include the developer, during the developer controlperiod, or the time-share estate owners' association, after the developercontrol period.
Within ten days of receipt of the notice, the developer or the time-shareestate owners' association shall mail by first class mail a copy of thenotice to all time-share estate owners whose interests are affected by thesubcontractor's lien on the time-share unit. Failure on the part of thedeveloper or time-share estate owners' association to so notify theappropriate time-share estate owners within the time period set forth aboveshall result in the developer's or the association's being liable for thefull amount of the subcontractor's claim, but such failure shall not affectthe validity of any lien perfected under this section. Assessments levied bythe estate owners' association to pay the liability hereby imposed shall bemade only against the time-share estate owners of record in the time-shareestate project at the time the liability was incurred.
C. Where the property referred to in subsection A hereof is a time-shareunit, as defined by § 55-362, the memorandum required to be filed pursuant to§ 43-4 need show only the name of the developer during the developer controlperiod, or the time-share estate owners' association, after the developercontrol period.
