46:8B-20 - Liens for labor or materials - New Jersey Statutes

46:8B-20.  Liens for labor or materials
    (a) Except as otherwise provided in section 23, subsequent to recording the  master deed as provided in this act, and while the property remains subject to  this act, no lien shall arise or be effective against the condominium property  as a whole.  During such period, liens or encumbrances shall arise or be  created only against each unit (including the undivided interest in the common  elements 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 article 10 of chapter 44 of Title 2A of the New Jersey Statutes  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 elements, if  duly authorized by the association in accordance with this act, the master deed  or by-laws, 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 article 10 of chapter 44 of Title 2A of the New Jersey Statutes  against each of the units and shall be subject to the provisions of  subparagraph (b) hereunder.

    (b) In the event a lien against 2 or more units becomes effective, the owner  of each separate unit may remove his unit (including the undivided interest in  the common elements appurtenant to such unit) from the lien and obtain a  discharge and satisfaction by payment of the proportion thereof attributable to  such unit.  The proportion so attributable to each unit subject to the lien  shall be the proportion in which all units subject to the lien share among  themselves in liability for common expenses. Subsequent to any such payment,  the lien on such unit shall be discharged or otherwise satisfied of record and  the unit (including the undivided interest in the common elements appurtenant  thereto) shall thereafter be free and clear of such lien.  Such partial  payment, discharge and satisfaction shall not prevent the lienor from  proceeding to enforce his rights against any other unit (including the  undivided interest in the common elements appurtenant thereto) not so paid,  satisfied or discharged.

     L.1969, c. 257, s. 20, eff. Jan. 7, 1970.