Sec. 47-82. Liens against units.
Sec. 47-82. Liens against units. (a) Subsequent to recording the declaration as
provided in this chapter, and while the property remains subject to this chapter, liens or
encumbrances shall arise or be created only against each unit and the percentage of
undivided interest in the common areas and facilities appurtenant to such unit, 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 no labor performed or materials furnished with the
consent or at the request of a unit owner or his agent shall be the basis for the filing of
a mechanic's lien against the unit or any other property of any other unit 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 unit in the case of emergency repairs thereto.
Labor performed or materials furnished for the common areas and facilities, if authorized
by the association of unit owners, the manager or board of directors, pursuant to the
declaration or bylaws, shall be deemed to be performed or furnished with the express
consent of each unit owner and shall be the basis for the filing of a mechanic's lien
against each of the units and shall be subject to the provisions of subsection (b) of this
section.
(b) If a lien against two or more units becomes effective, the owner of any such unit
may remove his unit and his percentage of undivided interest in the common areas and
facilities appurtenant to his unit from the lien by payment of the fractional or proportional
amount attributable to his unit. Such individual payment shall be computed by reference
to the percentages appearing in the declaration. Subsequent to any such payment, discharge or other satisfaction, such unit and the percentage of undivided interest in the
common areas and facilities appurtenant thereto shall thereafter be free and clear of the
lien so paid, satisfied or discharged. Such payment, satisfaction or discharge shall not
prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so
paid, satisfied or discharged.
(1963, P.A. 605, S. 21; 1971, P.A. 813, S. 11.)
History: 1971 act provided that authorization for repairs to common areas must be pursuant to the declaration or bylaws.
See Sec. 47-90c re effective date and applicability of chapter.