499B.12 Liens against apartments — removal from lien — effect of part payment.
1. Subsequent to recording the declaration provided for in section 499B.3, and while the property remains enrolled in a horizontal property regime, 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 apartment and the general common elements and limited common elements where applicable, appurtenant to such apartment, 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.
2. In the event a lien against two or more apartments becomes effective, the owners of the separate apartments may remove their apartment and the general common elements and limited common elements where applicable appurtenant to such apartment from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payments shall be computed by reference to the fractions or percentages appearing on the declaration provided for in section 499B.4, subsection 6. Subsequent to any such payment, discharge or other satisfaction the individual apartment 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 apartment and the general common elements, limited common elements where applicable appurtenant thereto not so paid, satisfied or discharged.
[C66, 71, 73, 75, 77, 79, 81, §499B.12]
Structure Iowa Code
Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS)
Section 499B.3 - Recording of declaration to submit property to regime.
Section 499B.4 - Contents of declaration.
Section 499B.5 - Contents of deeds of apartments.
Section 499B.6 - Copy of the floor plans to be filed.
Section 499B.7 - Interest in common elements — reference to them in instrument.
Section 499B.8 - Removal from provisions of this chapter.
Section 499B.9 - Removal no bar to subsequent resubmission.
Section 499B.10 - Individual apartments and interest in common elements are alienable.
Section 499B.11 - Real property tax and special assessments — levy on each apartment.
Section 499B.12 - Liens against apartments — removal from lien — effect of part payment.
Section 499B.15 - Contents of bylaws.
Section 499B.16 - Disposition of property — destruction or damage.
Section 499B.17 - Lien against owner of unit.
Section 499B.18 - Common expenses before foreclosure.
Section 499B.19 - Common expenses after voluntary conveyance.