Section 356-B:8 Release of Liens.
I. At the time of the conveyance to the first purchaser of each condominium unit following the recordation of the declaration, every mortgage, deed of trust, any perfected mechanics' or materialmen's liens, or any other perfected lien, affecting all of the condominium or a greater portion thereof than the condominium unit conveyed, shall be paid and satisfied of record, or the declarant shall forthwith have the said condominium unit released of record from all such liens not so paid and satisfied. This paragraph shall not apply, however, to any withdrawable land in a contractable condominium, nor shall any provision of this paragraph be construed to prohibit the unit owners' association from mortgaging or causing a deed of trust to be placed on any portion of the condominium within which no units are located, so long as any time limit specified pursuant to RSA 356-B:36 has expired, and so long as the bylaws authorize the same.
II. Subsequent to recording the declaration as provided in this chapter, no lien or encumbrance shall thereafter arise against the condominium as a whole, but only against each unit and the percentage of undivided interest in the common areas 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 that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law 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, if duly authorized by the association of unit owners or board of directors in accordance with this chapter, 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 lien pursuant to the lien law against each of the units and shall be subject to the provisions of this section. In the event a lien against 2 or more units becomes effective, the unit owners of the separate units may remove their unit and the percentage of undivided interest in the common areas appurtenant to such unit from the lien by payment of the fractional or proportional amounts attributable to each of the units affected. Such individual payment shall be computed by reference to the percentages appearing on the declaration. Subsequent to any such payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the common areas appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such partial 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 appurtenant thereto not so paid, satisfied or discharged. This paragraph shall not be construed to prohibit the declarant from mortgaging or causing a deed of trust to be placed on any portion of convertible lands for the purpose of financing construction thereon.
Source. 1977, 468:1, eff. Sept. 10, 1977.