Section 339-L. Liens against common elements; liens against units; liens for labor performed or materials furnished  


Latest version.
  • 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.