§ 1309 - Liens against apartments or sites; removal from lien; effect of part payment - Vermont Statutes

§ 1309. Liens against apartments or sites; removal from lien; effect of part payment

(a) After recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien may thereafter arise or be effective against the property. During that period liens or encumbrances shall arise or be created only against each apartment or site and the percentage of undivided interest in the common areas and facilities, appurtenant to that apartment or site, 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. Labor performed or materials furnished with the consent or at the request of an apartment or site owner or his or her agent or his or her contractor or subcontractor, shall not be a basis for filing a mechanic's lien against the apartment or site or any other property of any other apartment or site owner not expressly consenting to or requesting the work, except that the express consent shall be deemed to be given to the owner of any apartment or site in the case of emergency repairs thereto. Labor performed and materials furnished for the common areas and facilities, if duly authorized by the association of owners, the manager or board of directors in accordance with this chapter, the declaration or bylaws, shall constitute a basis for filing a mechanic's lien against each of the apartments or sites and shall be subject to the provisions of subsection (b) of this section.

(b) If a lien against two or more apartments or sites becomes effective, the owners of the separate apartment or site may remove their apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant to that apartment or site from the lien by payment of the fractional or proportional amounts attributable to each of the apartments or sites affected. The individual payment shall be computed by reference to the percentages appearing on the declaration. After any payment, discharge or other satisfaction the apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. That partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his or her rights against the rest of the undischarged property. (1967, No. 228 (Adj. Sess.), § 9, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)