§ 4615. — 4615. (Amended by Stats. 2018, Ch. 92, Sec. 38.)

California § 4615.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 4.: DIVISION 4. GENERAL PROVISIONS
• Part 5.: PART 5. Common Interest Developments
• Ch. 4.: CHAPTER 4. Ownership and Transfer of Interests
• Art. 4.: ARTICLE 4. Restrictions on Transfer

Text

(a)
In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners’ agent or contractor shall be the basis for the filing of a lien against any other property of another owner in the common interest development unless that other owner has expressly consented to or requested the performance of
the labor or furnishing of the materials or services. However, express consent is deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.
(b)
Labor performed or services or materials furnished for the common area, if duly authorized by the association, are deemed to be performed or furnished with the express consent of each separate interest owner.
(c)
The owner of any separate interest may remove that owner’s separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:
(1)
Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owner’s separate interest.
(2)
Record a lien release bond,
pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owner’s separate interest.

Legislative History

Amended by Stats. 2018, Ch. 92, Sec. 38. (SB 1289) Effective January 1, 2019.