The DC Code: § 42-2025 Liens available only against individual units; consent necessary for mechanics' or materialmen's liens; removal of lien on unit and proportionate share of common area following judgment against other unit owners.
Index → 42 Real Property. (Refs & Annos)
- Subsequent to establishment of a horizontal property regime as provided in this subchapter, and while the property remains subject to this subchapter, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created and enforced only against each unit and the percentage of undivided interest in the common areas and facilities 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 or real property subject to individual ownership; provided, that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to the provisions of § 40-301.01, against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the council of co-owners, the manager, or board of directors in accordance with this subchapter, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the provisions of § 40-301.01, against each of the units and shall be subject to the provisions of subsection (b) hereunder. Notice of said lien may be served on the person designated in conformity with § 42-2014(a)(7).
- In the event of filing of a lien against 2 or more units and their respective percentage interest in the common elements, the unit owners of the separate units may remove their unit and their percentage interest in the common elements appurtenant thereto from the said lien by payment, or may file a written undertaking with surety approved by the court as provided in § 40- 303.16, of the fractional or proportional amounts attributable to each of the units affected. Said individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to § 42-2006. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the unit and its percentage interest in the common elements shall thereafter be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged.
Historical and Statutory
1981 Ed., § 45-1725.
1973 Ed., § 5-925.
Supersedure of chapter: See Historical and Statutory Notes following § 42- 2001.
DC CODE § 42-2025
Current through December 11, 2012
(Dec. 21, 1963, 77 Stat. 459, Pub. L. 88-218, § 25; Aug. 21, 1964, 78 Stat. 586, Pub. L. 88-475, § 1(f).)