(a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, liens or encumbrances shall arise or be created 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 of real property subject to individual ownership, provided no labor performed or materials furnished with the consent or at the request of a unit owner or his agent shall be the basis for the filing of a mechanic's lien 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 authorized by the association of unit owners, the manager or board of directors, pursuant to 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 mechanic's lien against each of the units and shall be subject to the provisions of subsection (b) of this section.
(b) If a lien against two or more units becomes effective, the owner of any such unit may remove his unit and his percentage of undivided interest in the common areas and facilities appurtenant to his unit from the lien by payment of the fractional or proportional amount attributable to his unit. Such individual payment shall be computed by reference to the percentages appearing in the declaration. Subsequent to any such payment, discharge or other satisfaction, such unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
(1963, P.A. 605, S. 21; 1971, P.A. 813, S. 11.)
History: 1971 act provided that authorization for repairs to common areas must be pursuant to the declaration or bylaws.
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Section 47-67 and 47-68. - Title. Definitions.
Section 47-68a. - Short title: Condominium Act of 1976. Definitions.
Section 47-69. - Applicability of chapter.
Section 47-70. - Declaration. Covenants, easements and liens on conveyances limited.
Section 47-70a. - Amendment of declaration or bylaws.
Section 47-71. - Recording of declaration and other instruments.
Section 47-71a. - Expansion of condominiums.
Section 47-71b. - Public offering statement.
Section 47-72. - Deeds of units. Leases.
Section 47-73. - Unit as real property.
Section 47-73a. - Boundaries, encroachments and easements.
Section 47-74. - Rights of unit owners.
Section 47-74c. - Declarant not to retain ownership interest in recreational facilities.
Section 47-74e. - Implied warranties.
Section 47-74f. - Nonbinding reservation agreements. Cancellation.
Section 47-75. - Obligations of unit owners. Limit on liability of unit owner.
Section 47-75a. - Resale of unit by person other than declarant.
Section 47-76. - Allocation of profits and expenses.
Section 47-77. - Assessment of common expenses. Liens and foreclosure.
Section 47-78. - Owner may not exempt himself from liability.
Section 47-79. - Collection of taxes and assessments.
Section 47-81. - Accounting records. Availability of records. Loan disclosure and comments. Audit.
Section 47-82. - Liens against units.
Section 47-85. - Actions between unit owners.
Section 47-86. - Owners, tenants and employees bound by chapter.
Section 47-87. - Liability for mortgages, liens and assessments on conveyance of unit.
Section 47-88. - Removal of property from application of chapter. Resubmission of property.
Section 47-88a. - Consolidation of condominiums.
Section 47-88b. - Conversion condominiums: Requirements for conversion.
Section 47-88c. - Separate heating plants required, when.
Section 47-88d. - Reimbursement for moving and relocation expenses.
Section 47-88e. - Reserves for capital expenditures.
Section 47-88f. - Applicability of tenants' rights and protections.
Section 47-88g. - Right of action for aggrieved tenant of conversion condominium. Remedies.
Section 47-90a. - Misrepresentations in public offering statements; remedies.
Section 47-90b. - Public offering statement not required, when.
Section 47-90c. - Effective date and applicability of chapter.