70-23-605. Lien effective against two or more units -- release from. If a lien becomes effective against two or more units, the owner of each unit subject to the lien has the right to have the owner's unit released from the lien by payment of the amount of the lien attributable to the owner's unit. The amount of the lien attributable to a unit and the payment required to satisfy a lien, in the absence of agreement, must be determined by application of the percentage established in the declaration. A partial payment, satisfaction, or discharge may not prevent the lienor from proceeding to enforce the lienor's rights against any unit and the undivided interest in the common element pertaining to a unit not released by a payment, satisfaction, or discharge.
History: En. Sec. 24, Ch. 120, L. 1965; R.C.M. 1947, 67-2324(3); amd. Sec. 2165, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 23. Unit Ownership Act -- Condominiums
Part 6. Conveyances, Liens, and Common Expenses
70-23-601. Contents of deed or lease of unit
70-23-602. Liens to be satisfied or released at time of first conveyance
70-23-603. Lien allowable against unit not against the property
70-23-604. Construction lien -- no effect on nonconsenting owner -- exception
70-23-605. Lien effective against two or more units -- release from
70-23-606. Records of receipts and expenditures affecting common elements -- inspection
70-23-607. Claim for common expenses -- priority of lien -- contents -- recording
70-23-608. Foreclosure of lien under claim for common expenses -- action without foreclosure
70-23-609. Foreclosure on unit -- payment of rent -- purchase of unit by manager
70-23-610. Purchaser at foreclosure sale not totally liable for prior common expenses
70-23-611. Joint liability of grantor and grantee for unpaid common expenses
70-23-612. Insurance of building -- premiums as common expenses
70-23-613. Disclosure by seller -- seller to furnish documents -- delay period