Section 448.3-117

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 448

Effective - 28 Aug 1983   

  448.3-117.  Other liens affecting the condominium. — 1.  A judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered.  No other property of a unit owner is subject to the claims of creditors of the association.

  2.  Notwithstanding the provisions of subsection 1 of this section, if the association has granted a security interest in the common elements to a creditor of the association pursuant to section 448.3-112, the holder of that security interest shall exercise his right against the common elements before his judgment lien on any unit may be enforced.

  3.  Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his unit, and the lienholder, upon receipt of such payment, shall promptly deliver a release of the lien covering that unit.  The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien.  After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.

  4.  A judgment against the association shall be indexed in the name of the condominium and the association and, if so indexed, is notice of the lien against the units.

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(L. 1983 H.B. 177)