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

New York § 339-L

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9-B: Condominium Act

Text

§ 339-l. Liens against common elements; liens against units; liens for\nlabor performed or materials furnished. 1. Subsequent to recording the\ndeclaration and while the property remains subject to this article, no\nlien of any nature shall thereafter arise or be created against the\ncommon elements except with the unanimous consent of the unit owners.\nDuring such period, liens may arise or be created only against the\nseveral units and their respective common interests.\n 2. Labor performed on or materials furnished to a unit shall not be\nthe basis for the filing of a lien pursuant to article two of the lien\nlaw against the unit of any unit owner not expressly consenting to or\nrequesting the same, except in the case of emergency repairs. No labor\nperformed on or materials furnished to the common elements shall be the\nbasis for a lien thereon, but all common charges received and to be\nreceived by the board of managers, and the right to receive such funds,\nshall constitute trust funds for the purpose of paying the cost of such\nlabor or materials performed or furnished at the express request or with\nthe consent of the manager, managing agent or board of managers, and the\nsame shall be expended first for such purpose before expending any part\nof the same for any other purpose.\n