448.090. Liens, against what--consent, how given.
Liens, against what--consent, how given.
448.090. 1. In the event any lien exists against two ormore units and the indebtedness secured by such lien is due andpayable, the unit owner of any unit so affected may remove theunit and the undivided interest in the common elementsappertaining thereto from the lien by payment of the proportionalamount of the indebtedness which is attributable to such unit.In the event the lien exists against the property, the amount ofsuch proportional payment shall be computed on the basis of thepercentages set forth in the declaration. Upon payment as hereinprovided, the lienor shall execute and deliver to the unit ownera release of such unit and the undivided interest in the commonelements appertaining thereto from the lien. Any suchproportional payment and release shall not prevent the lienorfrom proceeding to enforce his rights against any unit orinterest with respect to which the lien has not been so paid orreleased.
2. No labor performed or materials furnished with theconsent of or at the request of a unit owner or his agent or hiscontractor or subcontractor shall be the basis for the filing ofa lien against the interest of any other unit owner, or againstany part thereof, unless such other owner has expressly consentedto or requested the same. Express consent shall be deemed tohave been given by the owner of any unit in the case of emergencyrepairs thereto. Labor performed or materials furnished for thecommon elements, if duly authorized by the board of managers,shall be deemed to be performed with the express consent of eachunit owner and shall be the basis for the filing of a lienagainst the property, and shall be subject to the provisions ofsubsection 1.
(L. 1963 p. 648 § 9A)