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This entry was published on 2014-09-22
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SECTION 339-L
Liens against common elements; liens against units; liens for labor performed or materials furnished
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-l. Liens against common elements; liens against units; liens for
labor performed or materials furnished. 1. Subsequent to recording the
declaration and while the property remains subject to this article, no
lien of any nature shall thereafter arise or be created against the
common elements except with the unanimous consent of the unit owners.
During such period, liens may arise or be created only against the
several units and their respective common interests.

2. Labor performed on or materials furnished to a unit shall not be
the basis for the filing of a lien pursuant to article two of the lien
law against the unit of any unit owner not expressly consenting to or
requesting the same, except in the case of emergency repairs. No labor
performed on or materials furnished to the common elements shall be the
basis for a lien thereon, but all common charges received and to be
received by the board of managers, and the right to receive such funds,
shall constitute trust funds for the purpose of paying the cost of such
labor or materials performed or furnished at the express request or with
the consent of the manager, managing agent or board of managers, and the
same shall be expended first for such purpose before expending any part
of the same for any other purpose.