§ 47-04.1-12 — Other liens - Removal from - Part payment

North Dakota § 47-04.1-12

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-04.1: Condominium Ownership of Real Property

Text

Subsequent to recording the declaration provided for in section 47-04.1-02 and while the
property remains enrolled as a condominium project, no lien shall thereafter arise or be effective
against the property. During such period liens or encumbrances shall arise or be created only
against the individual units and general common elements and limited common elements where

applicable, appurtenant to such unit, in the same manner and under the same conditions in
every respect as liens or encumbrances may arise or be created upon or against any other
separate parcel of real property subject to individual ownership.
In the event a lien against two or more units becomes effective, the owners of the separate
units may remove their unit and the general common elements and limited common elements,
where applicable, appurtenant to such unit from the lien by payment of the fractional or
proportional amounts attributable to each of the units affected. Such individual payments shall
be computed by reference to the fractions or percentages appearing on the declaration provided
for in section 47-04.1-02 and bylaws annexed thereto. Subsequent to any such payment,
discharge, or other satisfaction the individual unit and the general common elements and limited
common elements applicable appurtenant thereto shall thereafter be free and clear of the lien
so paid, satisfied, or discharged. Such partial payment, satisfaction, or discharge shall not
prevent the lienor from proceeding to enforce the lienor's rights against any unit and the general
common elements and limited common elements, where applicable, appurtenant thereto not so
paid, satisfied, or discharged.