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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 448

Effective - 28 Aug 1963bottom

  448.090.  Liens, against what — consent, how given. — 1.  In the event any lien exists against two or more units and the indebtedness secured by such lien is due and payable, the unit owner of any unit so affected may remove the unit and the undivided interest in the common elements appertaining thereto from the lien by payment of the proportional amount of the indebtedness which is attributable to such unit.  In the event the lien exists against the property, the amount of such proportional payment shall be computed on the basis of the percentages set forth in the declaration.  Upon payment as herein provided, the lienor shall execute and deliver to the unit owner a release of such unit and the undivided interest in the common elements appertaining thereto from the lien.  Any such proportional payment and release shall not prevent the lienor from proceeding to enforce his rights against any unit or interest with respect to which the lien has not been so paid or released.

  2.  No labor performed or materials furnished with the consent of 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 against the interest of any other unit owner, or against any part thereof, unless such other owner has expressly consented to or requested the same.  Express consent shall be deemed to have been 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 board of managers, shall be deemed to be performed with the express consent of each unit owner and shall be the basis for the filing of a lien against the property, and shall be subject to the provisions of subsection 1.

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(L. 1963 p. 648 § 9A)


---- end of effective   28 Aug 1963 ----

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