§ 32-25-6-1 — Liens and encumbrances

(a) After a declaration is recorded under this
article and while the property remains subject to this article, a lien may
not arise or be effective against the property as a whole. Except as
provided in subsection (b), liens or encumbrances may arise or be
created only against:
(1) each condominium unit; and
(2) the undivided interest in the common areas and facilities
appurtenant to each unit;
in the same manner and under the same conditions as liens or
encumbrances may arise or be created against any other parcel of real
property.
(b) Labor performed or materials furnished with the consent or at
the request of a condominium unit owner, the owner's agent, or the
owner's contractor or subcontractor may not be the basis for filing a
lien under any lien law against the condominium unit or any other
property of any other co-owner not expressly consenting to or
requesting the performance of the labor or the furnishing of the
materials. However, express consent is considered to be given by the
owner of any condominium unit in the case of emergency repairs to the
condominium unit. Labor performed or materials furnished for the
common areas and facilities, if authorized by the association of
co-owners, the manager, or board of directors in accordance with this
article, the declaration, or the bylaws:
(1) are considered to be performed or furnished with the express
consent of each co-owner;
(2) constitute the basis for the filing of a lien under any lien law
against each of the condominium units; and
(3) are subject to subsection (c).
(c) If a lien against two (2) or more condominium units becomes
effective, the owner of a condominium unit against which the lien is
effective may remove the owner's:
(1) unit; and
(2) undivided interest in the common areas and facilities
appurtenant to the unit;
from the lien by payment of the fractional or proportional amounts
attributable to the unit. After the payment, discharge of the lien, or
other satisfaction of the lien, the condominium unit and the undivided
interest in the common areas and facilities appurtenant to the
condominium unit are free and clear of the lien. A partial payment,
partial satisfaction of the lien, or discharge of the lien may not prevent
the lienholder from proceeding against any condominium unit and the
undivided interest in the common areas and facilities appurtenant to the
condominium unit that remain subject to the lien.
[Pre-2002 Recodification Citation: 32-1-6-10.]

Legislative History

As added by P.L.2-2002, SEC.10.