Sec. 47-259. Other liens.
Sec. 47-259. Other liens. (a) A judgment for money against the association may
be enforced against the assets of the association in the manner otherwise provided by
law, but may not be recorded in the land records in order to create the lien described in
subdivision (1) of subsection (b) of this section for at least thirty days after that judgment
is rendered.
(b) In a condominium or planned community:
(1) Except as provided in subdivision (2) of this subsection, a judgment for money
against the association, if recorded, is not a lien on the common elements, but is a lien
in favor of the judgment lien holder against all of the units in the common interest
community at the time the judgment was rendered. No other property of a unit owner
is subject to the claims of creditors of the association.
(2) If the association has granted a security interest in the common elements to a
creditor of the association pursuant to section 47-254, the holder of that security interest
shall exercise its right against the common elements before its judgment lien on any
unit may be enforced.
(3) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien
attributable to work performed or materials supplied before creation of the common
interest community, becomes effective against two or more units, the unit owner of an
affected unit may pay to the lien holder the amount of the lien attributable to his unit
or post a bond in that amount, and the lien holder, on receipt of payment or on posting
of the bond, promptly shall 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 may 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.
(4) A judgment against the association shall be indexed in the name of the common
interest community and the association and, when so indexed, is notice of the lien against
the units.
(c) The association shall transmit a notice of any judgment for money rendered
against the association to each unit owner promptly after the association receives notice
of that judgment. The notice shall include the names of the parties, the date and amount
of the judgment and a statement that the judgment creditor is entitled to a judgment lien,
in accordance with this section, affecting the unit owner's interest in his unit.
(d) In a cooperative: (1) If the association receives notice of an impending foreclosure on all or any portion of the association's real property, the association shall promptly
transmit a copy of that notice to each unit owner of a unit located within the real property
to be foreclosed. Failure of the association to transmit the notice does not affect the
validity of the foreclosure, and (2) whether or not a unit owner's unit is subject to the
claims of the association's creditors, no other property of a unit owner is subject to those
claims.
(P.A. 83-474, S. 60, 96.)